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| Tuesday, November 04, 2008 |
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CLE Webcast: Bankruptcy Law, Chapter 7
Learn about recent developments in Chapter 7 Bankruptcy Law from Nashville area attorney Michael Gigandet in this webcast at noon Wednesday. The program will look at discharge eligibility deadlines; documentary requirements for filing a chapter 7; dealing with procedural issues at the meeting of creditors; meeting of creditor continuance issues; responding to the U.S. Trustee's information inquiries; and changes in the Local Rules of Procedure. The presentation will include citations to relevant cases.
Learn more or register today
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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
03 - TN Worker's Comp Appeals
00 - TN Supreme Court - Rules
01 - TN Court of Appeals
01 - TN Court of Criminal Appeals
00 - 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
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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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RENE BURNS v. RANDSTAD NORTH AMERICA, L. P., ET AL.
Court: TWCA
Attorneys:
Kent E. Krause and Jason A. Lee, Nashville, Tennessee, for the appellants, Randstad North America, L.P. and ACE American Insurance Company
Jill T. Draughon, Nashville, Tennessee, for the appellee, Rene Burns
Judge: BLACKWOOD
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tennessee Code Annotated Section 50-6-225(e)(3) for a hearing and a report of findings of fact and conclusions of law. In this case, the trial court ruled that the employee, Ms. Rene Burns, sustained a 49% permanent partial disability to the hand. The employer asserts that the trial court erred because it considered Ms. Burns' disfigurement and alleged fear of equipment as part of the vocational disability award. Consequently, the employer contends that the trial court's award was excessive. We agree and modify the award to 35% permanent partial disability.
http://www.tba2.org/tba_files/TSC_WCP/2008/burnsr_110408.pdf
GLENDA OVERTON v. REGIS CORPORATION
Court: TWCA
Attorneys:
Terry L. Hill and Laurenn S. Disspayne, Nashville, Tennessee, for the appellant, Regis Corporation.
William Joseph Butler and E. Guy Holliman, Lafayette, Tennessee, for the appellee, Glenda Overton.
Judge: HARRIS
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tennessee Code Annotated section 50-6-225(e)(3) for a hearing and a report of findings of fact and conclusions of law. The trial court awarded the employee, Glenda Overton, 80% permanent partial disability to the body as a whole and temporary partial disability benefits in a stipulated amount. It also awarded a 25% lack of good faith penalty on the temporary disability for non-payment. The employer, Regis Corporation, has appealed, alleging that the trial court erred in finding that Ms. Overton sustained a permanent injury or, in the alternative, that the amount of the award is excessive. Regis also contends that the trial court erred in assessing the penalty for non-payment of the temporary disability benefits. We affirm the award of permanent disability and reverse the assessment of the penalty for non-payment.
http://www.tba2.org/tba_files/TSC_WCP/2008/overtong_110408.pdf
EDITH L. STAGGS v. TRAVELERS INDEMNITY CO., a/k/a ST. PAUL TRAVELERS
Court: TWCA
Attorneys:
Vanessa Rae Comerford, Franklin, Tennessee, for the appellant, Travelers Indemnity Co., St. Paul Travelers
Anthony C. Maxwell, and John Milton Meadows, III, Livingston, Tennessee, for the appellee, Edith L. Staggs
Judge: BLACKWOOD
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tennessee Code Annotated Section 50-6-225(e)(3) for a hearing and a report of findings of fact and conclusions of law. The employee, Edith Staggs, brought this action, claiming that she fell, injuring her hip, as a result of a slippery floor while working at Hardee's. Her employer's insurance company, Travelers Indemnity Co., claims that she fell as a result of a seizure. The trial court awarded benefits to Ms. Staggs, and found her to be a credible witness. Travelers Indemnity Co. appeals, arguing that the trial court ruled incorrectly when it determined that Ms. Staggs was a credible witness and that she sustained a compensable injury. We affirm the trial court's judgment.
http://www.tba2.org/tba_files/TSC_WCP/2008/staggse_110408.pdf
ERICA LIN v. THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY
This is a correction to a Court of Appeals opinion, originally filed on October 10, 2008.
Court: TCA
Attorneys:
James L. Harris, Nashville, Tennessee, for the Appellant, Erica Lin.
J. Brooks Fox and Elizabeth A. Sanders, Nashville, Tennessee, for the Appellee, The Metropolitan
Government of Nashville and Davidson County.
Judge: SWINEY
Erica Lin ("Plaintiff") began working as a teacher for The Metropolitan Government of Nashville
and Davidson County ("Defendant") in 2002. During her employment, Plaintiff complained of
actions which she believed to be discriminatory based on her race and alleged disability. Defendant
sent Plaintiff a letter on April 1, 2006, informing her that her employment was being terminated
effective May 26, 2006. Plaintiff eventually abandoned her race and disability discrimination claims
and proceeded only on a claim for retaliatory discharge. Defendant filed a motion for summary
judgment claiming the undisputed material facts established that Plaintiff was terminated for poor
work performance. The Trial Court granted the motion for summary judgment, and Plaintiff appeals.
We conclude that Defendant's motion for summary judgment neither negated an essential element
of Plaintiff's claim nor conclusively established an affirmative defense. Therefore, we vacate the
order granting Defendant's motion for summary judgment and remand for further proceedings.
http://www.tba2.org/tba_files/TCA/2008/line_corr_110408.pdf
STATE OF TENNESSEE v. DAMIAN R. KELLY
Court: TCCA
Attorneys:
J. Liddell Kirk, Knoxville, Tennessee, for the appellant, Damian R. Kelly.
Robert E. Cooper, Jr., Attorney General and Reporter; John H. Bledsoe, Assistant Attorney General; Mike Flynn, District Attorney General; and Robert Headrick, Assistant District Attorney General, for the appellee, State of Tennessee.
Judge: WELLES
The Defendant, Damian R. Kelly, was convicted of one count of aggravated sexual battery, a Class B felony, and sentenced as a Range I, standard offender to ten years in the Department of Correction. On this direct appeal, he contends (1) that the trial court erred in allowing the investigating detective to testify regarding his interpretations of the Defendant’s credibility based upon his physical gestures; and (2) that the trial court erred in using as a sentencing enhancement factor its finding that the Defendant committed the crime to gratify his desire for pleasure or excitement. After review, we conclude that the trial court did not commit reversible error. Accordingly, we affirm the Defendant's conviction and sentence.
http://www.tba2.org/tba_files/TCCA/2008/kellyd_110408.pdf
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| TODAY'S NEWS |
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Election 2008
Legal News
Supreme Court Report
TBA Member Services
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| Election 2008 |
| Volunteer lawyers ready for 'voter protection effort' |
| More than 100 local, state and national organizations -- more than 10,000 volunteer attorneys, law students and paralegals across the country -- have banded together to form the Election Protection Coalition, an umbrella group that calls itself the largest voter protection effort in the nation's history. Still haunted by memories of Florida in 2000 and Ohio in 2004, these civil rights organizations, public interest groups and private law firms are ready to deploy an army of lawyers on Election Day.
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Read more about the group's efforts from Legal Times
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| Kurita hopeful about write-in campaign |
| Sen. Rosalind Kurita is expecting a close vote in her write-in campaign against attorney Tim Barnes. Last August Kurita beat Barnes in the Democratic primary by 19 votes, but party officials questioned the vote and named Barnes the nominee. |
WZTV reports
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| For more about how voters in Tennessee would cast a write-in vote -- there are three ways, depending on the type of machine -- read more from |
Nashville Public Radio
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| Legal News |
| Brooks & Dunn help with entertainment law panel |
| Kix Brooks and Ronnie Dunn of the country music duo Brooks & Dunn were at the University of Tennessee's College of Law Monday afternoon to discuss entertainment law. Entertainment lawyers Joel Katz, also an alumnus of UT's College of Law, and Bobby Rosenbloum were on the panel, along with Brooks & Dunn's manager, Clarence Spalding. Addressing how technology has affected the industry, both legal and illegally, Brooks told the nearly 200 students and faculty that "it's a very exciting, very scary, very changing time. There is a lot of need for good attorneys."
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The News Sentinel reports
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| Supreme Court Report |
| 'F-word' on trial in high court? |
| Today the U.S. Supreme Court will consider the issue of vulgar speech on the nation's regulated airwaves. The last time the court ruled on the matter 30 years ago, the justices upheld a ban on airing the so-called seven dirty words before 10 p.m., when children are likely to be watching or listening.
In this test case, the FCC cited Fox for indecency when Cher said "the F-word" in an awards ceremony; the network went to court and won. The federal appeals court based in New York ruled that the agency had acted arbitrarily, that it had failed to articulate a reasoned explanation for changing its policy. And, the court said, it doubted any explanation could pass constitutional muster.
The Bush administration appealed to the U.S. Supreme Court.
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National Public Radio examines the issue
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| TBA Member Services |
| Unlimited free online legal research for TBA members |
| Online legal research is now available free to all Tennessee Bar Association members through an agreement with Fastcase, a leading online legal research firm. The TBA member benefit is national in scope and offers TBA members unlimited usage, unlimited customer service and unlimited printing -- all at no cost. |
Access Fastcase now
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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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