Law firm support boosts TBA Convention

Law firms in Memphis and across Tennessee have stepped forward to underwrite and sponsor a number of exciting events and compelling programs at the upcoming TBA Annual Convention, June 18-20 at the Peabody Hotel in Memphis. Their support and commitment to the TBA convention make possible big events such as the Memphis Music Extravaganza and marquee CLE programming, featuring four former Tennessee Supreme Court Justices, former Sen. Howard Baker and former U.S. Rep Harold Ford Jr., ABA Spirit of Excellence Award winner Cesar Alvarez, ethics prosecutors from the Duke University LaCrosse case and more.

Underwriters include: Adams and Reese LLP; Allen, Summers, Simpson, Lillie & Gresham PLLC; Baker, Donelson, Bearman, Caldwell & Berkowitz PC; Bass Berry & Sims PLC; Bourland Heflin Alvarez Minor & Matthews PLC; Butler, Snow, O'Mara, Stevens & Cannada PLLC; Farris Mathews Branan Bobango Hellen & Dunlap PLC; The Hardison Law Firm PC; Glassman, Edwards, Wade and Wyatt PC; Lewis, King, Krieg & Waldrop PC; Rainey, Kizer, Reviere & Bell PLC; Rice, Amundsen & Caperton PLLC; and Thomason, Hendrix, Harvey, Johnson, & Mitchell PLLC.

Learn more about opportunities at the 2009 TBA Convention

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
01 - TN Worker's Comp Appeals
00 - TN Supreme Court - Rules
01 - TN Court of Appeals
02 - 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 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.

STEVE IACONO v. SATURN CORPORATION

Court: TWCA

Attorneys:

Larry R. McElhaney, II, Nashville, Tennessee, for the appellant Steve Iacono.

Kenneth M. Switzer, Nashville, Tennessee, for the appellee Saturn Corporation.

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 hearing and reporting to the Supreme Court of findings of fact and conclusions of law. On appeal, Employee contends that the trial court erred in finding that Employee's permanent partial disability award should be capped at one and one-half times his medical impairment rating. Because the evidence does not preponderate against the findings, we affirm the judgment of the trial court.

http://www.tba2.org/tba_files/TSC_WCP/2009/iaconos_031309.pdf


TOTAL BUILDING MAINTENANCE, INC., v. J & J CONTRACTORS/RAINES BROTHERS, a Joint Venture, J & JCONTRACTORS, IN., RAINES BROTHERS, INC., ST. PAUL FIRE & MARINE INSURANCE COMPANY, and FIDELITY & DEPOSIT CO. OF MARYLAND

Court: TCA

Attorneys:

Timothy M. Gibbons, Chattanooga, Tennessee, for appellant.

Randy Wilson and Robert F. Parsley, Chattanooga, Tennessee, for appellees.

Judge: FRANKS

In this action plaintiff sued for money owed under its subcontract with the defendant contractor. The defendants' contractor denied liability, raised as affirmative defenses, waiver/estoppel, unclean hands and breach of contract, filed a counter-claim alleging that plaintiff failed to complete its work in a timely and proper manner and permitted the roof to be harmed by others during the construction and generally failed to cooperate. Following an evidentiary hearing, the Trial Judge determined that both parties had breached the contract, that plaintiff was guilty of unclean hands, denied both parties any recovery and dismissed the case. On appeal, we affirm.

http://www.tba2.org/tba_files/TCA/2009/totalbuilding_031309.pdf


STATE OF TENNESSEE v. JAMES EDWARD MCCLAIN, III

Court: TCCA

Attorneys:

Robert L. Vogel, Knoxville, Tennessee, for the appellant, James Edward McClain, III.

Robert E. Cooper, Jr., Attorney General and Reporter; John H. Bledsoe, Assistant Attorney General; J. Scott McCluen, District Attorney General, and Frank Harvey, Assistant District Attorney General, for the appellant, State of Tennessee.

Judge: SMITH

Appellant, James McClain, pled guilty to several charges in several different cases in Loudon County, including theft of property between $1,000 and $10,000, theft of property between $500 and $1,000, two counts of aggravated burglary, theft of property between $10,000 and $60,000, and burglary. These convictions resulted in a total effective sentence of five years. The sentences were to run consecutively to Appellant's prior sentences from Knox County. At a sentencing hearing, the trial court denied Appellant's request for alternative sentencing. On appeal, Appellant seeks a review of the trial court's decision to deny probation. We determine that the trial court properly denied probation to Appellant, whose lengthy criminal history evinces a clear failure of rehabilitation through measures less restrictive than confinement. Accordingly, the judgments of the trial court are affirmed.

http://www.tba2.org/tba_files/TCCA/2009/mcclainj_031309.pdf


STATE OF TENNESSEE v. MALCOLM DUDLEY THOMAS

Court: TCCA

Attorneys:

Robert E. Cooper, Jr., Attorney General and Reporter; Elizabeth B. Marney, Assistant Attorney General; Ronald L. Davis, District Attorney General; and Mary Katherine White and Jennifer Moore, Assistant District Attorneys General, for the appellant, State of Tennessee.

Gene Honea (on appeal) and Robert H. Hassell (at trial), Franklin, Tennessee, for the appellee, Malcolm Dudley Thomas.

Judge: GLENN

The defendant, Malcolm Dudley Thomas, was convicted of two counts of aggravated sexual battery. Subsequently, the trial court granted the defendant's motion for judgment of acquittal as to one of the counts, finding that the victim's account of the crimes was "impossible, absolutely impossible." The State filed a timely appeal, and, following our review, we conclude that the trial court erred in this ruling. Accordingly, we reinstate the defedant's conviction and the $15,000 fine imposed by the jury and remand this matter to the trial court for entry of a judgment showing that the defendant was found guilty as to Count 3 of the indictment, charging him with aggravated sexual battery, and for sentencing for this conviction. The defendant is to be returned to custody pending sentencing.

http://www.tba2.org/tba_files/TCCA/2009/thomasm_031309.pdf


TODAY'S NEWS

Legal News
Disciplinary Actions
TennBarU CLE
TBA Member Services

Legal News
Justice Lee relates stories of World War II heroes
Tennessee Supreme Court Justice Sharon Lee was keynote speaker at the 12th Judicial District Dinner Thursday night at Sewanee. Justice Lee related the story of three American heroes of World War II -- her father and the fathers of two other Tennessee judges. The three men were all captured and suffered greatly as prisoners of war, but all returned with the love for their families and their country intact. "During the war they all saw so much death and violence that after that experience, each day was a gift," Lee told the gathering. "Each day was a great day. Each day had to be lived to the fullest." Also addressing those at the dinner were Tennessee Association for Justice President Daniel Clayton and TBA President Buck Lewis.
Read the full draft of Justice Lee's speech
TBA electronic voting ends Sunday
The electronic voting portion of this year's TBA election process ends this Sunday. All TBA members with email addresses on file at the TBA should have received directions on how to vote electronically. Those who have not voted by Sunday will receive a paper ballot that they can cast during the month of April. Members this year are choosing from two candidates -- Jackson attorney Linda Warren Seely and Memphis attorney Danny Van Horn -- who are competing to be the next TBA vice president. This person will advance to become president-elect in 2010 and then TBA president in 2011.

Campbell County looks to jail improvements
While construction of a full-fledged justice center with courtrooms and more prisoner housing is unlikely in the current economic climate, Campbell County officials are looking at replacing kitchen and laundry facilities.
Read more in the LaFollette Press
Disciplinary Actions
Brentwood lawyer disbarred
Brentwood lawyer William G. Weaver III of Brentwood was disbarred by Order of the Tennessee Supreme Court on March 9. Weaver had been charged with mishandling funds.
Read the full release from the Board of Professional Responsibility
Florida lawyer suspended, censured
William Lawrence Embry of Summerland Key, Fla., was suspended from the practice of law in Tennessee for thirty-six (36) days with credit for thirty-six (36) days already served while he was temporarily suspended in 2001. In addition, he was publicly censured for engaging in the unauthorized practice of law.
Read the full release from the Board of Professional Responsibility
TennBarU CLE
GIS, GPS: Cutting-edge technologies for lawyers
Global Positioning Systems (GPS) can do a lot more than guide your car to the mall. Join Tennessee State University professor Robert Harrison in the TBA's next TennBarU webcast, when he explores GPS and GIS systems and tells how attorneys can use these cutting-edge technologies to provide a level of precision measurement, documentation, and analysis that previously would have required an entire team of costly experts. The program starts at noon central time on Tuesday, March 17.
Learn more about this webcast or register now
TBA Member Services
Free online legal research is hot TBA benefit
Online legal research is available free to all Tennessee Bar Association members through an agreement with Fastcase, a leading online legal research firm. The new TBA member benefit is national in scope and offers TBA members unlimited usage, unlimited customer service and unlimited printing -- all at no cost.
Log in now to try it out

 
 
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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 2009 Tennessee Bar Association