Bar exam results now available

Results from the July 2008 Tennessee Bar Exam are now available from the Tennessee Board of Law Examiners. The Board reports that 597 candidates were successful on the exam.

See the list of successful applicants

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
02 - TN Court of Appeals
00 - 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.

HOME BUILDERS ASSOCIATION OF MIDDLE TENNESSEE v. WILLIAMSON COUNTY, ET AL.

Court: TCA

Attorneys:

John P. Williams, Nashville, TN for Appellant.

Thomas V. White, Nashville, TN for Appellant.

Jeffrey D. Moseley, Franklin, TN for Appellee.

Lisa M. Carson, Franklin, TN for Appellee.

Judge: STAFFORD

Appellants, a group of homebuilders, appeal the trial court's grant of summary judgment in favor of Appellee Williamson County. Homebuilders filed a complaint for declaratory judgment against Williamson County, seeking interpretation of Chapter 118 of the Private Acts of 1987 as amended. Under the alleged authority granted by the Act, Williamson County levied additional adequate facilities taxes on homebuilders based upon its audit of actual square footage built. Builders contend that Williamson County exceeded its authority under the Act by calculating taxes at the time of the issuance of the certificate of occupancy as opposed to the time the building permit was issued. Finding that the Legislature intended to give the County broad authority to levy its tax at the time of the issuance of the building permit or at the time of the issuance of the certificate of occupancy, we affirm.

http://www.tba2.org/tba_files/TCA/2008/homebuilders_101008.pdf


KEVIN ORNDORFF ET AL. v. EDWARD RON CALAHAN ET AL.

Court: TCA

Attorneys:

Fred C. Dance, Franklin, Tennessee, for the appellants, Edward Ron Calahan and wife, Diane R. Calahan.

Phillip P. Welty, Nashville, Tennessee, for the appellees, Kevin Orndorff and wife, Marguerite Orndorff.

Judge: BENNETT

The buyers of a home in Nashville sued the sellers for misrepresentation, fraud, and breach of contract. The proof showed the sellers did not acquire the proper permits and inspections required by the applicable building codes and that work on the plumbing, the electrical system, and the heating and air conditioning system was not performed in accordance with the codes. The sellers did not disclose the lack of permits and improper work on the statutorily required disclosure form. The chancellor found for the buyers. The sellers appealed. We affirm.

http://www.tba2.org/tba_files/TCA/2008/orndorffk_101008.pdf


Expenditure of Hotel-Motel Tax Revenues on "Tourist Related Activities"

TN Attorney General Opinions

Date: 2008-10-10

Opinion Number: 08-158

http://www.tba2.org/tba_files/AG/2008/ag_08_158.pdf

Contracts for Termite Inspection and Protection

TN Attorney General Opinions

Date: 2008-08-15

Opinion Number:

http://www.tba2.org/tba_files/AG/2008/ag_08_159.pdf

State Licensing of Halfway Houses

TN Attorney General Opinions

Date: 2008-10-08

Opinion Number: 08-160

http://www.tba2.org/tba_files/AG/2008/ag_08_160.pdf

Workers' Compensation -- Ex Parte Communication Between Case Managers and Employees

TN Attorney General Opinions

Date: 2008-10-10

Opinion Number: 08-161

http://www.tba2.org/tba_files/AG/2008/ag_08_161.pdf

TODAY'S NEWS

Legal News
Politics
Disciplinary Actions
Upcoming
TBA Member Services

Legal News
Bank failures worry lawyers holding client trust accounts
With the failure of California's IndyMac and the continuing financial crisis facing the nation, lawyers across the country are asking whether they have any responsibility for client trust accounts if a bank fails.
The National Law Journal offers some guidance
Court rules on author royalties
The woman who took care of science fiction and fantasy author Andre Norton in the final years of her life in Tennessee has been awarded the copyrights and royalties to most of her works in an opinion issued this week by the Tennessee Court of Appeals.
Read more in the Daily News Journal
Hooker fights to keep law license
John Jay Hooker's career has taken many turns during his four decades in Tennessee politics, and his latest journey of filing lawsuits challenging Tennessee courts on Thursday took him before a specially appointed judge in a fight to keep his law license.
Read more in the Tennessean
Legal aid society names leadership
The Legal Aid Society has announced the leadership of its board of directors for 2008-2010. Officers are N. Houston Parks, president; Sue Kay, first vice president; Clisby Barrow, second vice president; Jim Weatherly, third vice president; Drew Goddard, treasurer; Turner McCullough, secretary; Kathryn Edge, immediate past president; and Charlie Warfield, at-large member.

Politics
Kurita case goes before federal judge
Federal Judge Robert Echols today heard the dispute between state Senator Rosalind Kurita and the Tennessee Democratic Party and is expected to issue a decision next week. Kurita filed suit against the party and the state over a decision by the party's executive committee to strip her of a state-certified, 19-vote win in the Democratic primary for Tennessee's 22nd Senate district.
Read more in the Nashville Post (subscription required)
Disciplinary Actions
Knoxville lawyer suspended
Knoxville lawyer M. Josiah Hoover was suspended for 30 days by the Tennessee Supreme Court, the imposition of which was suspended in conjunction with a 30-day probation. Hoover was found to have violated disciplinary rules by failing to adequately communicate with clients and failing to promptly turn over files and monies to a client, notify a client of the receipt of funds from the sale of her home, and surrender all property and papers to a client after termination of his representation.
Read the full BPR release
Jackson lawyer receives public censure
Jackson lawyer Blair A. Presson received a public censure from the Tennessee Supreme Court after being found to have violated the Rules of Professional Conduct by engaging in conduct that reflects adversely on the lawyer's honesty, trustworthiness, or fitness as a lawyer.
Read the full BPR release
Upcoming
Yale Law prof, author Carter to appeal at book festival
Yale Law School professor and best-selling novelist Stephen L. Carter will read and discuss his book "Palace Council" Saturday at 10 a.m. in the Tennessee House Chambers during the Southern Festival of Books. Carter, who once clerked for former Supreme Court Justice Thurgood Marshall, has written for many major publications on such subjects as law and justice, religion and spirituality, and currently is a columnist for the magazine Spirituality Today.
Read more in the Nashville City Paper
Women attorneys group holds annual banquet
The Association for Women Attorneys will hold its annual banquet Oct. 23 at 5:30 p.m. at the University of Memphis Holiday Inn. Attorney Jennifer Hagerman will be inducted as the new president and attorney Ruby R. Wharton, Shelby County Mayor A C Wharton's wife, will be honored as the Marion Griffin-Frances Loring Award recipient for outstanding service in the legal profession. The public is invited to attend. Please contact Lucie Brackin at (901) 682-1712 or Lbrackin@brackinlawoffice.com for tickets.

TBA Member Services
Discounts from Office Depot
Are you saving yet? Sign up for the TBA-Office Depot Program and begin saving. TBA Members receive significant discounts on office supplies from Office Depot.
Find out more

 
 
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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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