Study of law graduate salaries shows great divide

Research on salaries of recent law school graduates illustrate a striking finding: The bulk of new lawyers are almost evenly divided into higher and lower salary categories. A professor at the Indiana Law School sees a connection between this salary distribution and the possible demise of the "Cravath system" of hiring by the big law firms, and a possible new business model for the legal profession. Read more in the ABA Journal.
TODAY'S OPINIONS
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JAN BOTTORFF v. ROBERT E. BOTTORFF, JR.

Court: TCA

Attorneys:

Jon S. Jablonski, Nashville, Tennessee, for the appellant, Robert E. Bottorff, Jr.

Philip E. Smith, Nashville, Tennessee, for the appellee, Jan Bottorff.

Judge: CLEMENT

In this divorce action, Husband appeals numerous aspects of the trial court's ruling. The trial court granted a divorce to Wife and awarded her alimony in futuro and attorney's fees and ordered Husband to maintain a life insurance policy to secure his alimony obligation. Husband appeals, contending the duration and amount of alimony is excessive, the award of attorney's fees is inappropriate under the circumstances, and the requirement that he maintain a $200,000 life insurance policy for the benefit of Wife is unnecessary. Finding, inter alia, the parties' relative income and standard of living to be disproportionate, we affirm the trial court in all respects.

http://www.tba2.org/tba_files/TCA/2008/bottorffj_072208.pdf


IN RE: B.R.W., ET AL.

Court: TCA

Attorneys:

B. Kyle Sanders, Dickson, Tennessee, for the appellant, L.M.W.

Robert E. Cooper, Jr., Attorney General and Reporter, and Lauren S. Lamberth, Assistant Attorney General, for the appellee, Tennessee Department of Children's Services.

Judge: CLEMENT

The mother of five children appeals the termination of her parental rights. The juvenile court terminated mother's rights on the ground of severe child abuse due to her failure to protect the children from sexual abuse by her husband. The court also found that terminating her parental rights was in all five children's best interests. We affirm.

http://www.tba2.org/tba_files/TCA/2008/brw_072208.pdf


STATE OF TENNESSEE, DEPARTMENT OF CHILDREN'S SERVICES v. GARY DALTON and ANGIE DALTON, v. WILMA RHEA

Court: TCA

Attorneys:

Denise Terry Stapleton, Morristown, Tennessee, for appellant.

Douglas T. Jenkins, Rogersville, Tennessee, for appellee.

Judge: FRANKS

In this action, the parents of the minor child in the custody of the father's aunt by previous proceedings in the Juvenile Court, petitioned the Circuit Court to change the custody from the aunt to them. Following a trial, the Trial Court ruled that the parents did not prove a change in circumstances to enable the Court to vest custody of the child in the parents. On appeal, we affirm.

http://www.tba2.org/tba_files/TCA/2008/daltong_072208.pdf


JENNIE EVELYN GOODMAN by Next Friends JAMES B. GOODMAN and PHYLLIS GIGER v. HOME AWAY FROM HOME, INC., HOME AWAY FROM HOME OF MARYVILLE, LLC, TUCKALEECHEE TRAIL, LLC, RONNY DEAN COSTNER, LYNN COSTNER, CURTIS SORRELS and EDWINA SORRELS

Court: TCA

Attorneys:

Eugene B. Dixon, Maryville, Tennessee, for appellants.

W. Andrew Fox, Knoxville, Tennessee, for appellants.

David Boyd, Knoxville, Tennessee, for appellees.

Judge: FRANKS

Plaintiff mother and next friend children, sued the mother's landlord and others for damages resulting from a fire, and the Trial Court issued a restraining order which Trial Court ultimately found defendants and their attorney had violated the order and held defendants in contempt. Another daughter of plaintiff mother, acting under a power of attorney released the defendants from all claims for $5,000.00 consideration. The Trial Court voided the release entered between the defendants and the daughter. On appeal, we reverse the contempt citation judgments and remand for further evidence on the issue of the validity of the release.

http://www.tba2.org/tba_files/TCA/2008/goodmanj_072208.pdf


DOUGLAS TOMANELLI v. NANCY TOMANELLI

Court: TCA

Attorneys:

John R. Meldorf, III., Hixson, Tennessee, for appellant.

Lisa Z. Bowman, Chattanooga, Tennessee, for appellee.

Judge: FRANKS

The Trial Court in this divorce action overruled the wife's Motion for attorney's fees and litigation expenses. On appeal, we affirm.

http://www.tba2.org/tba_files/TCA/2008/tomanellid_072208.pdf


STATE OF TENNESSEE v. ARDIE MAE CULBREATH

Court: TCCA

Attorneys:

Comer L. Donnell, District Public Defender, and Shelley J. Thompson, Assistant Public Defender, for the appellant, Ardie Mae Culbreath.

Robert E. Cooper, Jr., Attorney General and Reporter; Clarence E. Lutz, Assistant Attorney General; Tom P. Thompson, Jr., District Attorney General; and Robert N. Hibbett, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: TIPTON

The defendant, Ardie Mae Culbreath, pled guilty to theft of property valued at $10,000 or more but less than $60,000, a Class C felony. See T.C.A. sections 39-14-103 (theft of property); -105 (grading of theft offenses). She was granted judicial diversion, subject to her successful completion of three years of probation and making restitution of $10,000. In this appeal, the defendant argues that the trial court erred in establishing the restitution amount without sufficient proof of the victim's losses and without considering her financial resources and future ability to pay. The state argues that the trial court erred in not awarding the full amount of restitution the victim sought, $16,020. We hold that the trial court was permitted by Code section 40-20-116(a) to set restitution at $10,000 but that it failed to consider the victim's losses and future ability to pay in setting this restitution amount as a condition of probation, contrary to Code section 40-35-304. We affirm in part and remand the case for further consideration.

http://www.tba2.org/tba_files/TCCA/2008/culbreatha_072208.pdf


STATE OF TENNESSEE v. JOSEPH BRENT PAINTER

Court: TCCA

Attorneys:

Nat H. Thomas and Daniel B. Minor, Kingsport, Tennessee, for the appellant, Joseph Brent Painter.

Robert E. Cooper, Jr., Attorney General and Reporter; Renee W. Turner, Assistant Attorney General; Joe Crumley, District Attorney General; and Kenneth C. Baldwin, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: SMITH

Appellant, Joseph Brent Painter, pled guilty to one count of solicitation of a minor in violation of Tennessee Code Annotated section 39-13-528. At the sentencing hearing, Appellant sought judicial diversion and/or probation. The trial court denied both requests and sentenced Appellant to eleven months and twenty-nine days, with ten days to be served in confinement and the remainder of the sentence to be served on probation. Appellant appeals this decision. We determine that there was substantial evidence to support the trial court's denial of diversion and that the trial court did not err in denying full probation. Therefore, we affirm the judgment of the trial court.

http://www.tba2.org/tba_files/TCCA/2008/painterj_072208.pdf


STATE OF TENNESSEE v. JENNIFER LESLIE PENDLETON

Court: TCCA

Attorneys:

Richard A. Spivey, Kingsport, Tennessee, for the appellant, Jennifer Leslie Pendleton.

Robert E. Cooper, Jr., Attorney General and Reporter; Sophia S. Lee, Assistant Attorney General; Greeley Wells, District Attorney General; and Joseph E. Perrin, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: SMITH

Following the Grand Jury of Sullivan County's presentment charging Appellant, Jennifer Leslie Pendleton, with four separate counts, including possession of cocaine over twenty-six grams, Appellant pled guilty as charged. She was sentenced to eight years for the possession of cocaine over twenty-six grams conviction. Her other convictions were for lesser crimes, and the sentences were ordered to run concurrently to the eight-year sentence. Appellant requested that she be placed on community corrections, relying on the special needs provision. After a hearing, the trial court denied the request. On appeal, Appellant argues that the trial court erred in denying her request. After a thorough review of the record on appeal, we affirm the trial court's decision because Appellant is not legally eligible for community corrections based upon the special needs provision.

http://www.tba2.org/tba_files/TCCA/2008/pendletonj_072208.pdf


Filling a Vacancy in the Office of County Mayor

TN Attorney General Opinions

Date: 2008-07-22

Opinion Number: 08-125

http://www.tba2.org/tba_files/AG/2008/ag_08_125.pdf

TODAY'S NEWS

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Legal News
Eminent domain challenged on Music Row
The owner of a Nashville Music Row publishing house and record label is challenging the city's request to seize her property, arguing that the effort violates state and federal law. Attorneys, including a national organization of property rights activists, asked a Nashville court Monday to throw out the Metropolitan Development and Housing Agency's petition to take the building. Lawyers said Tennessee law has changed since the U.S. Supreme Court decided in a landmark 2005 case that local governments can claim private property for redevelopment.
Read more in the Tennessean.
Anderson County Justice Center proposed
In Clinton, the county commission is deadlocked after more than a year of trying to decide the future location of the Anderson County Juvenile Court. After much debating and tie votes, the commission now plans to consider a detailed study of a new justice center and to vote on funding.
The Knoxville News Sentinel has details
Cooper believes jurors intimidated in deliberations
Political operative and government informant Joe Cooper said Monday he believes there was tampering with the jury that acquitted former Memphis City Council member Edmund Ford of bribery charges earlier this year. He said 10 anonymous businessmen have offered to pay $10,000 for information that leads to an indictment and conviction of anyone who tampered with the federal court jury.
The Commercial Appeal has more
March lawyer seeks bankruptcy protection
Nashville lawyer John Herbison, who is known for representing notorious clients, including convicted murderer Perry March, has filed for chapter 13 protection in bankruptcy court.
Read the story in the Tennessean.
Lee drops lawsuit against Anderson County Election Commission
Nearly two years after the election, Oak Ridge resident Joseph Lee has dropped his lawsuit against the Anderson County Election Commission over what he viewed as violations during the voting process. One candidate -- Oak Ridge resident David Stuart, who has a legal practice in Clinton -- is still fighting the county Election Commission over perceived violations of state law during the county general election.
The Oak Ridger has more
Pera to serve on Advisory Board
Lucian T. Pera, a partner with the Memphis office of Adams and Reese LLP, has been invited to serve on the Advisory Board of the Miller-Becker Institute for Professional Responsibility. The Institute, which is associated with University of Akron Law School in Akron, Ohio, provides lectures, symposia, and other programs and activities to enhance ethical awareness among those who practice, adjudicate, teach and study the law. Pera's service will commence in Fall 2008.
Read more here
Upcoming
Investiture ceremony set for McMullen
An investiture ceremony for Court of Criminal Appeals Judge Camille McMullen will be held at 2:30 p.m., July 30, in the Memphis City Council Chambers, 125 N. Main St. Governor Phil Bredesen, who appointed McMullen to the bench in June, will participate in the ceremony. A reception, sponsored by the National Bar Association, will follow in the Hall of Mayors.

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