Puryear confirmation testimony draws questions

Testimony by Gustavus "Gus" Puryear IV at his confirmation hearing to be a federal judge is being questioned by four Democratic members of the Senate Judiciary Committee. The general counsel of Nashville-based private prison giant Corrections Corporation of America was nominated by President Bush and was expected to win confirmation with little difficulty. That may no longer be the case, the Tennessean reports. The Nashville Scene provides a more in-depth analysis of Puryear's confirmation battles.
TODAY'S OPINIONS
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MARY ANN ARMSTRONG v. DAVID PIERRE ARMSTRONG

Court: TCA

Attorneys:

Connie Reguli, Brentwood, Tennessee, for the appellant, Mary Ann Armstrong.

Diana Benson Burns, Derek R. Howard, Murfreesboro, Tennessee, for the appellee, David PierreArmstrong.

Judge: HARRIS

This is an appeal from a divorce action. At the beginning of the trial in the case, the trial court indicated it would not entertain evidence relating to an award of alimony to the wife because she had no pleading requesting any relief before the court. The court then proceeded to hear evidence relating to the grounds for divorce and the division of the marital estate. After setting aside two funds that had been established as college funds for the benefit of the parties’ minor child, the trial court awarded sixty percent of the parties' remaining marital estate to the wife. She was charged, however, with the proceeds from the sale of the marital residence that she had received during the pendency of the divorce and had depleted prior to the divorce hearing. She was also required to assume responsibility for the credit card indebtedness that she had accumulated during the pendency of the divorce and while she was receiving spousal support. Wife has appealed, primarily challenging the action of the trial court in excluding from the trial the issue of alimony and the trial court’s division of marital property. After a careful review of the record, we affirm the judgment of the trial court as modified to accurately reflect the trial court's oral ruling made at the conclusion of the trial.

http://www.tba2.org/tba_files/TCA/2008/armstrong_030708.pdf


JOHN WESLEY GREEN v. EDNA L. GREEN ET AL.

Court: TCA

Attorneys:

James D. R. Roberts, Jr., and Janet L. Layman, Nashville, Tennessee, for the appellant, John Wesley Green.

Eugene N. Bulso, Jr., and Emily Reddick Walsh, Nashville, Tennessee, for the appellees, Edna L. Green and Champs-Elysees, Inc.

Judge: BENNETT

This case, a dispute over control of a closely-held corporation, presents an issue of first impression under the Tennessee Securities Act of 1980: whether reliance is an element of a cause of action pursuant to T.C.A. Section 48-2-122(b)(1). The plaintiff, a shareholder and director of the corporation, brought a declaratory judgment action to enforce a contract in which the defendant, the plaintiff's mother, agreed to sell her shares in the corporation to him. The defendant sought to rescind the contract. The corporation intervened, seeking to recover funds that the plaintiff had allegedly misappropriated from the corporation. The plaintiff's counterclaim against the corporation was dismissed for failure to state a claim upon which relief could be granted. The Chancellor granted summary judgment in favor of the defendant with respect to the declaratory judgment action and granted summary judgment in favor of the corporation with respect to its complaint in intervention. We reverse and remand in part and affirm in part.

http://www.tba2.org/tba_files/TCA/2008/greenj_030708.pdf


THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY, TENNESSEE v. GRAY'S DISPOSAL CO., INC.

Court: TCA

Attorneys:

J. Brooks Fox and Elizabeth A. Sanders, Nashville, Tennessee, for appellant, The Metropolitan Government of Nashville and Davidson County, Tennessee.

Keith C. Dennen and Sharon O. Jacobs, Nashville, Tennessee, for appellee, Gray’s Disposal Company.

Judge: BLACKWOOD

The sole issue presented on appeal is the application of the statute of limitations. The Metropolitan Government of Nashville and Davidson County [hereinafter "Metro"] brought suit against Gray's Disposal Company [hereinafter "Gray’s"] to recover tipping fees incurred for the disposal of waste at Metro's Thermal Plant. The complaint alleged that Gray's breached an express and implied contract to pay the tipping fees incurred from July 1998 until August 21, 2002. The trial court found that Metro's claim was barred by the application of Section 28-3-105(3) Tennessee Code Annotated and dismissed their claim. We affirm.

http://www.tba2.org/tba_files/TCA/2008/metrogovnashville_030708.pdf


STATE OF TENNESSEE v. WILLIE McDONALD

Court: TCCA

Attorneys:

George Morton Googe, District Public Defender, and Greg D. Gookin, Assistant Public Defender, for the appellant, Willie McDonald.

Robert E. Cooper, Jr., Attorney General and Reporter; Sophia S. Lee, Assistant Attorney General; James G. Woodall, District Attorney General; and Shaun A. Brown, Assistant Attorney General, for the appellee, State of Tennessee.

Judge: TIPTON

The defendant, Willie McDonald, entered a best interest guilty plea to possession of marijuana with the intent to "sell/deliver," a Class E felony. Under the terms of his plea agreement, he received a Range I, standard offender sentence of two years on probation. The defendant now appeals the trial court's denial of judicial diversion. We hold that the trial court erred in denying judicial diversion, and we reverse the judgment of the trial court. We remand the case for entry of an order placing the defendant on diversion, provided the defendant is not disqualified pursuant to Tennessee Code Annotated section 40-35-313(a)(3).

http://www.tba2.org/tba_files/TCCA/2008/mcdonaldwillie_030708.pdf


TODAY'S NEWS

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Legal News
Knox lawyer fights federal court ban
Controversial Knoxville defense lawyer Herbert S. Moncier has been fighting a secret move to bar him from practicing in federal courts, the News Sentinel reports today. Moncier was found guilty of contempt in 2006 by Greeneville U.S. District Judge Ronnie Greer, but recent action against the Knoxville lawyer by U.S. District Chief Judge Curtis L. Collier has sparked controversy because it was filed under seal and all materials were kept from public disclosure.
Read the Knoxville News Sentinel story and reader comments
Share your inspirational pro bono stories
The TBA's Access to Justice Committee wants your pro bono story. The committee invites attorneys to submit, for possible publication in the Volunteer Attorney Newsletter, their experience with a pro bono case that was inspirational, innovative, interesting, motivating or moving. It doesn't have to be a case handled through a pro bono program, as attorneys often provide pro bono through other avenues. So, send your story to newsletter editor Linda Warren Seely.

Dunlap PD appears on 'Jeopardy'
Dunlap native and 12th Judicial District Assistant Public Defender Jeff Harmon will appear in tonight's airing of the game show Jeopardy. While Harmon would not disclose how well he played, he noted that his courtroom experience came in handy.
The Chattanooga Times Free press reports
Chancellor hopes to make a difference one case at a time
Chancellor Frank Brown performs thorough research before reaching any decision, but the Chattanooga jurist tells the Hamilton County Herald that his ability to listen is also important.
Read more about Chancellor Brown (pdf file)
Reviewing the 'legend' of Dickie Scruggs
How close does the legend of Richard "Dickie" Scruggs match the reality of his success as a giant killer of the plantiffs bar? An American Lawyer story says even before a recent bribery indictment, the Mississippi lawyer's career was in decline.
Read the American Lawyer story in Law.com
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YLD golf event raises funds for CASA
Sign up now for the The 2nd Annual Child Advocacy Centers Charity Golf Tournament at the Rarity Pointe Golf Club May 9 at Lake Tellico. This event is sponsored by District 4 of the TBA's Young Lawyers Division, with all proceeds going to benefit Child Advocacy Centers and related services in Bledsoe, Blount, Bradley, Loudon, McMinn, Meigs, Monroe, Morgan, Polk, Rhea and Roane counties.
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About this publication: Today's News is a compilation of digests of news reports of interest to Tennessee lawyers compiled by TBA staff, links to digested press releases, and occasional stories about the TBA and other activities written by the TBA staff or members. Statements or opinions herein are those of the authors and do not necessarily reflect those of the Tennessee Bar Association, its officers, board or staff.

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