TBA YLD offers CLE program for new lawyers

"The New Lawyer Experience: Bridging the Gap Between Preparation and Practice" gives new lawyers the tools needed to succeed in the practice of law. The day-long course offers an introduction to a range of practice areas and practice tips, features a panel of seasoned associates, and includes a lunch and keynote address by a distinguished local attorney. In the afternoon, participants select a litigation or transactional breakout session to dig deeper on issues in their areas of practice. The CLE concludes with a networking mixer. If you are new to the practice of law in Tennessee, you need to be here! Register for the seminar, which will be offered in Knoxville, Memphis and Nashville
TODAY'S OPINIONS
Click on the category of your choice to view summaries of today’s opinions from that court, or other body. A link at the end of each case summary will let you download the full opinion in PDF format. To search all opinions in the TBALink database or to obtain a text version of each opinion, go to our OpinionSearch page. If you have forgotten your password or need to obtain a password, you can look it up on TBALink at the TBA's Membership Central.

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You can obtain full-text versions of the opinions two ways. We recommend that you download the Opinions to your computer and then open them from there. 1) Click the URL at end of each Opinion paragraph below. This should give you the option to download the original document. If not, you may need to right-click on the URL to get the option to save the file to your computer. 2) Do a key word search in the Search Link area of TBALink. This option will allow you to view and save a plain-text version of the opinion.

CINCINNATI INSURANCE COMPANY v. MID-SOUTH DRILLERS SUPPLY, INC., ET AL.

Court: TCA

Attorneys:

John M. Neal, Knoxville, Tennessee, for the appellant Cincinnati Insurance Company.

D. Andrew Saulters, Deron H. Brown, Nashville, Tennessee, for the appellees, Mid-South Drillers Supply, Inc. and Eaton Aeroquip, Inc.

Judge: ANDERSON

The issue presented by this appeal is whether a trial court may exercise its discretion granted under rules 34 and 37 of the Tennessee Rules of Civil Procedure to dismiss a party's case for spoliation of evidence where the spoliation may have been inadvertent rather than intentional. We hold that the trial court has the discretion to sanction a party by dismissal of its case where the party's destruction of evidence severely prejudices an adverse party's defense irrespective of whether the destruction was inadvertent or intentional. We accordingly affirm the trial court judgement.

http://www.tba2.org/tba_files/TCA/2008/cincinattiInsurco_012808.pdf


DARRYL J. ROBERTS v. THE BAYLOR SCHOOL CORRECTION page 1

Court: TCA

Attorneys:

John T. Rice, Chattanooga, Tennessee, for appellant.

K. Stephen Powers, Chattanooga, Tennessee, for appellee.

Judge: FRANKS

Plaintiff sued recipient of an inter vivos gift to recover the gift on the grounds defendant violated a fiduciary duty owed to plaintiff, and the failure of defendant to comply with conditions of the gift. The Trial Court ruled in favor of defendant. We affirm.

http://www.tba2.org/tba_files/TCA/2008/robertsd_corr_012808.pdf


SUZANNE MICHELLE SIMS v. WADE EUGENE SIMS

Court: TCA

Attorneys:

Lisa Z. Bowman, Chattanooga, Tennessee, for the appellant, Wade Eugene Sims.

Charles D. Paty, Chattanooga, Tennessee, for the appellee, Suzanne Michelle Sims.

Judge: SUSANO

As pertinent to the issues on appeal, the trial court, in this divorce case, designated the plaintiff, Suzanne Michelle Sims ("Mother"), the primary residential parent of the parties’ two minor children; imputed income to Wade Eugene Sims ("Father") for the purpose of calculating his child support obligation; and ordered Father to pay Mother $17,200, which amount represents half of the parties' equity – as found by the trial court – in the former marital residence, which was foreclosed on by Father's parents after the parties' separation. Father appeals, challenging the propriety of all of these rulings. We affirm.

http://www.tba2.org/tba_files/TCA/2008/simss_012808.pdf


IN RE: ADOPTION OF D.R.T., d/o/b 12/25/93 KEVIN DEAN TURNAGE v. MISTY RENEE MITCHELL CARR

Court: TCA

Attorneys:

Paul E. Lewis, Millington, TN, for Appellant

Frank Deslauriers, Covington, TN, for Appellee

Judge: HIGHERS

This is a case involving the chancery court's decision not to terminate a mother's parental rights. The father and his wife petitioned the court to terminate the mother's rights and allow the wife to adopt the minor child. The court held a termination hearing to determine if the mother's rights should be terminated. In the order dismissing the petition for termination and adoption, the court found that the mother had not abandoned the child by failure to visit because her attempts to maintain contact and visit the child were thwarted by the father and his wife. As to the father and wife's contention that the mother abandoned the child by her failure to pay child support, the court found that the mother had no reason why she did not pay child support, but then found that her failure to pay did not constitute abandonment. On this appeal, we do not have a transcript of the trial proceedings. The father filed a statement of the evidence, and the mother filed an objection to the father's proposed statement of the evidence. In the mother's filed objection, she stated that the parties stipulated at trial that her failure to pay child support "'was not sufficient in itself to terminate [her] parental rights." The chancery court certified its own statement of evidence, concurring with the mother's filed objection and stating that the mother's failure to pay child support was not willful because of her lack of education and inability to maintain employment. Father appeals, and we affirm.

http://www.tba2.org/tba_files/TCA/2008/turnagek_012808.pdf


LILLIE WALKER v. COLLEGETOWN MOBILE ESTATES, INC.

Court: TCA

Attorneys:

James R. Kennamer, Chattanooga, Tennessee, for appellant.

Stuart F. James, Terri L. Bernal and S. Todd Hastey, Chattanooga, Tennessee, for appellee.

Judge: FRANKS

Plaintiff who fell in a mobile home sued the lessor owner for damages for injuries. The Trial Court granted summary judgment to defendant. On appeal, we vacate the summary judgment and remand.

http://www.tba2.org/tba_files/TCA/2008/walkerl_012808.pdf


PERRY H. YOUNG v. HAMILTON COUNTY, TENNESSEE

Court: TCA

Attorneys:

Perry H. Young, Chattanooga, Tennessee, appellant, Pro Se.

Mary Neill Southerland, Hamilton County Attorney’s Office, Chattanooga, Tennessee, for the appellee, Hamilton County, Tennessee.

Judge: SUSANO

The plaintiff sued Hamilton County seeking damages for false arrest. The complaint seeks damages for false arrest. Following the dismissal, the plaintiff filed a motion pursuant to Tenn. R. Civ. P. 60.02(2) seeking to vacate the order of dismissal. The motion charged that Hamilton County was guilty of fraud in connection with the filing of its motion. The trial court denied the plaintiff's motion. The plaintiff appeals, contending that the trial court erred when it failed to vacate its order dismissing the plaintiff's complaint. We affirm pursuant to the provisions of Court of Appeals Rule 10.1.

http://www.tba2.org/tba_files/TCA/2008/youngp_012808.pdf


STATE OF TENNESSEE v. DEARICE CATES, ALIAS

Court: TCCA

Attorneys:

Robert E. Cooper, Jr., Attorney General and Reporter; Renee W. Turner, Assistant Attorney General; Randall E. Nichols, District Attorney General; and Ta Kisha M. Fitzgerald, Assistant District Attorney General, for the appellant, State of Tennessee.

Brandt Davis (on appeal) and Paul S. Hensley (at trial), Knoxville, Tennessee, for the appellee, Dearice Cates.

Judge: GLENN

The defendant was convicted by a Knox County jury of three counts of especially aggravated kidnapping and one count each of aggravated robbery, attempted aggravated robbery, assault, and aggravated burglary, and received an effective sentence of twenty-four years. The trial court subsequently granted the defendant's motion for judgment of acquittal as to the three especially aggravated kidnapping convictions, holding that the defendant could not be convicted of both kidnapping and robbery because the movement or confinement supporting each kidnapping conviction was essentially incidental to the commission of the robbery, decisions which the State appealed. The defendant likewise appealed, challenging the sufficiency of the evidence supporting his conviction for aggravated robbery. We affirm the defendant's conviction for aggravated robbery and the trial court's dismissal of one count of especially aggravated kidnapping. We reverse the trial court's dismissal of the remaining two counts of especially aggravated kidnapping and remand for reinstatement of those convictions. In all other respects, the judgments of the trial court are affirmed.

http://www.tba2.org/tba_files/TCCA/2008/catesd_012808.pdf


TODAY'S NEWS

Legal News
Legislative News
Your Practice
TBA Member Services

Legal News
Suit dropped against election commission
Attorneys who had filed suit against the Davidson County Election Commission after computer laptops were stolen from its office in December terminated the suit today. "Our goal was to protect registered voters' compromised personal information and ensure that those responsible gave this matter the urgent attention it required," said Gary Blackburn. But now it appears that personal information was not compromised.
The Nashville City Paper has the story
Holbrook to celebrate 60th running for others
Knoxville lawyer Dan Holbrook plans to do something different for his 60th birthday Feb. 10, by running 60 miles for charity. You can join him at the Tom Black Track at the University of Tennessee anytime after 5 a.m. that day to help him celebrate. In lieu of gifts, he's asking people to join him for a few laps and to make a donation to one of three charities.
Read more about Holbrook's run in the News Sentinel
Candidate's status as attorney challenged
A Brainerd attorney is questioning whether a candidate in Chattanooga's city council election can call herself an attorney.
Read about it in the Chattanoogan.com
Firm takes on pro bono client with $200,000 annual income
Megafirm Jones Day has taken on a pro bono client who makes more than $200,000 a year. The firm is defending former sheriff Michael S. Carona on charges that he sold access to his office for cash, favors and gifts, according to the Los Angeles Times. "For us, that wouldn't be a typical pro bono client," the Times quotes Esther F. Lardent, president and chief executive of the Pro Bono Institute at Georgetown University Law Center. "When we talk about modest means, we're typically talking about someone with significantly lower income."
The ABA Journal connects you to the story
Reach of school police departments should be clarified, study says
Local governments that want to establish school police departments will have to determine whether hallway cops will be considered school officials or law enforcement officers. That difference will have to be clarified when it comes to searching students or disclosing their records, according to a study written by the state Department of Education.
The News Sentinel has the story
Legislative News
Fincher named to two leadership spots
Rep. Henry Fincher (D-Cookeville) has been named chairman of the Civil Practice Subcommittee and secretary of the House Judiciary Committee, two important leadership positions in the Tennessee House of Representatives. Fincher's predecessor in office, former Majority Leader Jere Hargrove, explained the significance of this promotion: "It's very rare for a freshman legislator to be made an officer of any committee, much less an important committee like the Judiciary Committee."
The Herald-Citizen has more
Editorials: Elected lieutenant governor should be considered ... maybe
Daily newspapers in both Nashville and Knoxville are supporting the basic concept of electing pubic officials, in this case a lieutenant governor, but suggest that to consider changing the constitution more study and public debate are needed. One question the News Sentinel asks is, "What would a lieutenant governor do?" Sen. Douglas Henry, D-Nashville, says the new position would cost money for salary and staff and the new official "wouldn't have anything to do except run for governor."
Read the News Sentinel's editorial
Read the Tennessean's editorial
Watch State of the State Address live online
Gov. Phil Bredesen will present his 2008 State of the State Address to the 105th General Assembly as it convenes in the State House Chambers at 6 p.m. CST tonight.
Watch it online
Your Practice
'Outsource' not a bad word for some
Why pay big-firm associates $200 an hour to do document review when you can ship it out to India for $25 an hour? That's a question many in-house lawyers are asking, and in some cases, acting on. "It is a trend that I have observed -- a lot more companies are really considering it, if not doing it," said Stephen Yu, general counsel at Macrovision Corp., which doesn't outsource any legal work.
Learn more about this trend on Law.com
TBA Member Services
First Tennessee is TBA's preferred provider
First Tennessee has crafted a package of discounts to meet the specific needs of Tennessee Bar Association members. Find savings on merchant credit services, checking and savings, financial planning and more
on the TBA Web site

 
 
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