Ceremonies welcome new Tennessee lawyers

The Tennessee Supreme Court welcomed the latest class of attorneys into the practice of law during admission ceremonies today at the Tennessee Performing Arts Center in Nashville. The Tennessee Bar Association hosted many of the new attorneys and their families at an Open House luncheon in the Tennessee Bar Center after the swearing in. See photos from the events


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Court: TSC



Court: TCA


James G. Thomas, William T. Ramsey, Nashville, Tennessee; Andrew Lampros, Atlanta, Georgia, for the appellant, Andrew H. Blackburn.

Christopher W. Cardwell, Mary Taylor Gallagher, Nashville, Tennessee, for the appellee, CSX Transportation, Inc.


We granted an application for extraordinary appeal to determine whether the trial court erred when it granted a new trial in this case. The trial court granted the railroad a new trial based on insufficiency of the evidence, thereby setting aside an almost three million dollar verdict for plaintiff in this case under the Federal Employers' Liability Act ("FELA"). Since we find that the federal standard requiring the verdict to be against the "clear weight" of the evidence governs and that the trial court erroneously applied the Tennessee standard, we vacate the judgment granting a new trial and remand the case for consideration of the motion for new trial in accordance with this opinion.



Court: TCA


Mike Parsons, Arlington, TN, pro se

Duke H. Brasfield, Covington, TN; Robert V. Redding, Kate R. Armes, Jackson, TN, for Appellees


This appeal involves an election contest filed by a losing candidate for county executive. According to the plaintiff’s complaint, the county election commission provided the minimum number of voting machines required by state law. However, the plaintiff alleged that the commission should have provided more voting machines because long lines at some voting locations caused many people to leave without voting. The trial court dismissed the complaint for failure to state a claim, among other things. The plaintiff appealed. We affirm.



Court: TCA


William D. Leader, Jr., and John B. Carlson, Nashville, Tennessee, for the appellant, James G. Thomas, Jr., brother and next of kin of Karen G. Thomas, deceased.

C. J. Gideon, Jr., and Margaret Moore, Nashville, Tennessee, for the appellee, Crockett Hospital, LLC.


The issue on appeal in this medical malpractice action is whether the hospital is vicariously liable for the acts or omissions of an emergency room physician. The trial court summarily dismissed all claims against the hospital finding that it was not vicariously liable for the conduct of the emergency room physician because he was neither its actual or apparent agent. We find the trial court correctly granted summary judgment to the hospital on the issue of actual agency because there are no material facts in dispute and the hospital is entitled to summary judgment on the issue of actual agency as a matter of law. We, however, find that material facts are in dispute concerning whether the hospital held itself out to the public as providing medical services; whether the plaintiff looked to the hospital rather than to the individual physician to perform those services; whether the patient accepted those services in the reasonable belief that the services were provided by the hospital or a hospital employee; and, if so, whether the hospital provided meaningful notice to the plaintiff at the time of admission that the emergency room physician was not its agent. Accordingly, we have determined the hospital was not entitled to summary judgment on the issue of apparent agency. Therefore, we remand to the trial court the issue of apparent agency for further proceedings consistent with this opinion.



Court: TCCA


Rebecca G. Coffee, Memphis, Tennessee, for the appellant, Khalfani Marion.

Robert E. Cooper, Jr., Attorney General and Reporter; Sophia S. Lee, Assistant Attorney General; William L. Gibbons, District Attorney General; and Stacy McEndree, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: GLENN

The defendant, Khalfani Marion, was convicted of four counts of aggravated robbery, a Class B felony, and one count of especially aggravated kidnapping, a Class A felony. The trial court merged the four aggravated robbery counts into two convictions and sentenced the defendant to twenty years for the especially aggravated kidnapping conviction and nine years for each aggravated robbery conviction, ordering all sentences to be served consecutively on the basis that the defendant was a dangerous offender. On appeal, the defendant argues that the evidence was insufficient to support his convictions and alleges numerous sentencing errors by the trial court. We conclude that the evidence was sufficient to support the defendant's convictions and that the trial court did not err in imposing consecutive sentences. Accordingly, we affirm the judgments of the trial court.



Court: TCCA


Walter B. Johnson, II (at trial and on appeal), and Joe H. Walker (on appeal), Harriman, Tennessee, for the appellee, Robert L. Moore.

Robert E. Cooper, Jr., Attorney General and Reporter; Renee W. Turner, Assistant Attorney General, for the appellee, State of Tennessee.

Judge: OGLE

The petitioner, Robert L. Moore, filed in the Morgan County Criminal Court a petition for a writ of habeas corpus. The habeas corpus court dismissed the petition, and, on appeal, the petitioner challenges the dismissal. In response, the State filed a motion requesting that this Court affirm the trial court's ruling pursuant to Rule 20, Rules of the Court of Criminal Appeals. Upon review of the record and the parties' briefs, we conclude that the petition was properly dismissed. Accordingly, the State's motion is granted and the judgment of the trial court is affirmed.



Legal News
Disciplinary Actions
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Disciplinary Actions
Memphis attorney disbarred
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Read the BPR release
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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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