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| Wednesday, March 12, 2008 |
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The Complete Lawyer: What women lawyers want
What do women lawyers really want? The latest issue of The Complete Lawyer tackles that question, presenting thought-provoking articles on topics ranging from how women are taking equality matters into their own hands to why "family-friendly" workplaces are often inadequate. The issue also offers articles on firm and practice management, marketing and business development, personal and professional planning and research, surveys and resources. Read this month's Complete Lawyer now.
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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.
00 - TN Supreme Court
00 - TN Worker's Comp Appeals
00 - TN Supreme Court - Rules
04 - TN Court of Appeals
01 - TN Court of Criminal Appeals
04 - TN Attorney General Opinions
00 - Judicial Ethics Opinions
00 - Formal Ethics Opinions - BPR
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.
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GWINN FAYNE AND ALFRED FAYNE v. TERESA VINCENT and DAVID VINCENT
Court: TCA
Attorneys:
J. Michael Sharp, Cleveland, Tennessee, for appellants.
Michael A. Anderson, Chattanooga, Tennessee, for appellees.
Judge: FRANKS
In this dispute over the sale of a home, the Trial Court initially granted purchasers a rescission of the sale, but purchasers appealed to this Court. We ruled that the Trial Court had failed to put the purchasers in the position they would have occupied had the sale never occurred, and remanded the issues of various costs, pre-judgment interest and the fair rental of the property to take into consideration in placing the parties in a pre-contract status quo position. Also, remanded was the issue of attorney's fees and whether the sellers had violated the Tennessee
Consumer Protection Act. On remand, the Trial Court ruled that sellers had violated the Tennessee Consumer Protection Act and awarded attorney's fees and pre-judgment interest, as well as adjusting the Judgment to place the parties in status quo upon rescission. The appeal ensued by the sellers, and we affirm the Judgment of the Trial Court, as well as an award of attorney's fees to the purchasers for their representation on appeal.
http://www.tba2.org/tba_files/TCA/2008/fayneg_031208.pdf
CARL J. KIRBY v. ARTHUR SCHARHAG AND BEATRIZ SCHARHAG
Court: TCA
Attorneys:
Arthur Scharhag and Beatriz Scharhag, Walland, Tennessee, pro se.
Lance A. Evans, Maryville, Tennessee, for appellee.
Judge: FRANKS
This matter originated in Sessions Court, where the Sessions Court held the defendants in contempt of court and awarded plaintiff attorney's fees. On appeal to Circuit Court, the Trial Court held the defendants were not in contempt of court but awarded attorney's fees and additional costs. On appeal, we affirm in part and reverse in part and remand.
http://www.tba2.org/tba_files/TCA/2008/kirbyc_031208.pdf
PHILLIP C. PENNY, KURTIS SCHILK, AND ROBERT TEBBETTS v. THE CITY OF MEMPHIS AND CITY OF MEMPHIS CIVIL SERVICE COMMISSION
Court: TCA
Attorneys:
Thomas E. Hansom and Leigh H. Thomas, Memphis, Tennessee, for the Appellant, Kurtis Schilk.
Elbert Jefferson, Jr., City Attorney, and Gerald L. Thornton, Senior Assistant Attorney, Memphis, Tennessee, for the Appellee, City of Memphis.
Judge: KIRBY
This case involves the termination of a municipal police officer. The police department received a report on an attempted suicide by a mental patient. The appellant officer and other officers responded. When the officers arrived at the scene, the suicide victim was sitting on his front porch, bleeding from self-inflicted wounds. As the officers approached the individual, he tried to flee. Attempting to gain control over the individual, the officers repeatedly struck him with their police batons. The individual ran from the police and fell in the street. The officers again struck him with batons and handcuffed him while he was on the ground. The appellant officer held him
on the ground by placing his baton across the back of his shoulders. Shortly afterward, the individual stopped breathing and died of a heart attack. After an investigation, three of the officers, including the appellant, were terminated for using excessive force in this incident. The
terminations were upheld by the municipal civil service commission. The three officers then filed a petition for writ of certiorari, claiming that the commission's decision was arbitrary and unsupported by substantial and material evidence. The trial court granted the petition as to two
officers and reversed their terminations. However, it denied the petition as to the appellant officer because his termination was based on his disciplinary history as well as his conduct during the incident in question. The terminated officer now appeals. We affirm, finding that the
commission's decision to uphold the officer's termination was supported by substantial and material evidence in the record.
http://www.tba2.org/tba_files/TCA/2008/pennyp_031208.pdf
TEMPLE BAPTIST CHURCH, MANCHESTER, TENNESSEE v. C & H COMMERCIAL CONTRACTOR, INC.
Court: TCA
Attorneys:
Gregory Lee Cashion and Kenneth S. Schrupp, Nashville, TN, for appellant, Temple Baptist Church Manchester, Tennessee.
Vanessa A. Jackson, Tullahoma, Tennessee, for appellee, C & H Commercial Contractors, Inc.
Judge: BLACKWOOD
Claimant/Appellant Temple Baptist Church brought suit against Defendant/Appellee C & H Commercial Contractors, Inc. to enforce a provision for liquidated damages pursuant to a construction contract entered into by the parties. The contract contained a provision for liquidated damages at the rate of $250.00 per day if the contractor failed to complete the work within the time required by the contract. Temple Baptist Church also sought awards for a credit due under the contract for sales tax and for the contractor's failure to obtain a bond. C & H Commercial Contractors filed an answer and counterclaim alleging that the church had wrongfully terminated the contract. The case was tried without a jury in March of 2006. The trial court found that both parities were mutually responsible for the delay in construction for a period of 220 days. The trial court
found that the contractor was responsible for delays after this period and awarded liquidated damages in the amount of $14,250.00. The trial court also awarded attorney fees in the amount of $16,034.50, but denied the credits sought by the church. We affirm.
http://www.tba2.org/tba_files/TCA/2008/templebaptist_031208.pdf
STATE OF TENNESSEE v. RONALD FRANK WEBB
Court: TCCA
Attorneys:
Thomas Harding Potter, Nashville, Tennessee, for the appellant (on appeal) and Larry M. Warner, Crossville, Tennessee (at trial), for the appellant, Ronald Frank Webb.
Robert E. Cooper, Jr., Attorney General and Reporter; Leslie E. Price, Assistant Attorney General; William Edward Gibson, District Attorney General; and Douglas E. Crawford, Assistant District Attorney General, for the appellee, State of Tennessee.
Judge: TIPTON
The defendant, Ronald Frank Webb, was convicted by a Cumberland County Criminal Court jury of driving under the influence, third offense, a Class A misdemeanor, for which the court sentenced him to eleven months and twenty-nine days, with 120 days to be served in jail at seventy-five percent release eligibility. The defendant claims on appeal that the trial court erred in giving lengthy and confusing instructions to the jury and in commenting that the instructions were confusing. We affirm the judgment of the trial court pursuant to Tennessee Court of Criminal Appeals Rule 20.
http://www.tba2.org/tba_files/TCCA/2008/webbr_031208.pdf
Propriety of Bonding Company Acting as Surety Requiring Defendant to Deposit Full Amount of Bond
TN Attorney General Opinions
Date: 2008-03-12
Opinion Number: 08-49
http://www.tba2.org/tba_files/AG/2008/ag_08_49.pdf
Annexation Under Tenn. Code Ann. Section 6-58-111(d)(2) (2005) After Agreement Not to Annex
TN Attorney General Opinions
Date: 2008-03-12
Opinion Number: 08-50
http://www.tba2.org/tba_files/AG/2008/ag_08_50.pdf
Validity of Pending Legislation Affecting Surface Coal Mining Operations
TN Attorney General Opinions
Date: 2008-03-12
Opinion Number: 08-51
http://www.tba2.org/tba_files/AG/2008/ag_08_51.pdf
Confidentiality of Information Related to the City of Murfreesboro's Drug and Alcohol Testing Obtained Under the Drug-Free Workplace Programs Statutes
TN Attorney General Opinions
Date: 2008-03-12
Opinion Number: 08-52
http://www.tba2.org/tba_files/AG/2008/ag_08_52.pdf
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| TODAY'S NEWS |
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Legal News
Legislative News
Upcoming
TBA Member Services
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| Legal News |
| Commission names top three choices for circuit court seat |
| The Tennessee Judicial Selection Commission today recommended three attorneys for Gov. Phil Bredesen to consider in filling the the 20th Judicial District Circuit Court seat recently vacated by Judge Walter C. Kurtz. They are: Joseph Pitts Binkley Jr.; Michael F. Jameson with North, Pursell, Ramos & Jameson PLC; and Mary Ashley "Marsh" Nichols, Davidson County Circuit Court Special Master.
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Today's Tennessean looked at the 10 applicants who were under consideration
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| Disaster legal services available in 3 new counties |
| The federal government on Tuesday authorized disaster assistance for three additional Tennessee counties as a result of severe storms that hit the state last month. The counties are McNairy, Tipton and Wayne. Attorneys in these areas are encouraged to volunteer to provide disaster legal assistance to victims. Those who volunteer will be matched with pro bono clients by local legal aid organizations.
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Sign up to help
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| Paper: secret orders must go |
| The Knoxville News Sentinel writes in its editorial today that secret orders barring attorneys from practicing in federal court are "scary" and should be rescinded. A judge's ability to pursue such an order came to light recently with news that U.S. District Chief Judge Curtis L. Collier of Chattanooga had filed a motion to prohibit Knoxville lawyer Herbert S. Moncier from practicing in federal court.
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Read more about the case
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| Law firms turn to pipeline projects for diversity |
| More law firms are funding so-called pipeline projects in an effort to find promising minority students at an earlier stage, reports the National Law Journal. Scholarships, mentoring programs and debate programs are among the outreach efforts being undertaken to spur interest in the law among high school and college students. But the approach has met skepticism by those who say firms should focus on retaining minorities and women already in the profession.
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Law.com has the report
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| Do men and women pursue the law for different reasons? |
| A study by Harvard Law School students find that women view a career in the law as a way to do good for others, while men are less likely to offer that response when asked why they are pursuing a law degree. Women also are less likely to think of personal interests or a desire to obtain a position of power when deciding what career to chose, the study says.
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The ABA Journal explores the issue
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| Growing number of law schools offer practical skills |
| A number of prominent law schools, including Harvard and Stanford, have responded to criticisms that schools do not prepare graduates for the workplace by rethinking how they teach. Now Washington & Lee University in Virginia is planning fundamental changes likely to spark debate in the legal community. In a nutshell, the school plans to have students spend their final year in practicum courses that will imitate real-world lawyering.
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The AP reports on this trend in the Washington Times
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| Legislative News |
| Legislature ratifies court rules package |
| The General Assembly has ratified and approved amendments and revisions to the Tennessee Rules of Civil Procedure, Rules of Appellate Procedure, Rules of Evidence, Rules of Criminal Procedure and Rules of Juvenile Procedure. The amendments take effect July 1.
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Learn more about the changes
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| Track legislation of interest to Tennessee attorneys |
| The TBA Action List tracks bills in the General Assembly that the TBA has a direct interest in. This means it has either initiated the legislation, taken a postiion on the bill or has a policy on the issue. The TBA Watch List is a broader list of bills of interest to the Tennessee legal community. |
TBA Bill Tracking Service
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| Upcoming |
| Lecture marks anniversary of church-state separation ruling |
| Dr. Jim McCollum, whose mother's lawsuit against his public school system resulted in the landmark U.S. Supreme Court decision McCollum v. Board of Education, will appear March 17 at two area universities. From 7:30 to 9 a.m., he will speak at Vanderbilt University and from 1 to 2 p.m., he will speak at Middle Tennessee State University, reports the Murfreesboro Post. The events are sponsored by the Nashville chapter of Americans United for Separation of Church and State. For more information or to RSVP call (615) 646-9946.
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| TBA Member Services |
| CompuPay offers deals for TBA members |
| CompuPay is proud to serve as the official payroll services provider for the Tennessee Bar Association. To serve Tennessee attorneys the company is offering two months of free payroll processing for all TBA members and waiving set up fees for members with up to 99 employees. |
Learn more about CompuPay's benefits
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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.
© Copyright 2008 Tennessee Bar Association
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