'Anatomy of a Hoax' a part of TBA Convention programming

The Duke University Lacrosse team scandal made headlines across the country and rocked the respected North Carolina university. Now you can hear from the attorneys who were ethics prosecutors in the case -- James Cooney, Wade Smith and Joseph Cheshire -- as they give their fascinating "Anatomy of a Hoax" presentation at the annual Tennessee Bar Association Convention this June 18-20 at the Peabody Hotel in Memphis.

Register now or find out more about this program and other convention events

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.

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

SUPREME COURT DISCRETIONARY APPEALS Grants & Denials List

Court: TSC

http://www.tba2.org/tba_files/TSC/2009/certlist_042709.pdf


CLAYTON DYE, and wife, EVELYN DYE, v. HOWARD D. LIPPS, and wife, MARGARET L. LIPPS, and WILLIAM E. PHILLIPS, TRUSTEE OF A DEED OF TRUST SECURING THE CITIZENS BANK OF EAST TENNESSEE

Court: TCA

Attorneys:

Arthur M. Fowler, III., Johnson City, Tennessee, for appellants Howard D. Lipps and wife Margaret L. Lipps.

Timothy R. Wilkerson, Kingsport, Tennessee, for appellees, Clayton Dye and wife Evelyn Dye.

Judge: FRANKS

Plaintiffs brought an action alleging defendants had created a nuisance on their property which damages plaintiffs' adjoining property. Following an evidentiary hearing, the Trial Judge found a temporary nuisance existed and awarded damages to plaintiffs. Defendants appealed on the sole issue of the amount of damages. We affirm the Trial Court's Judgment.

http://www.tba2.org/tba_files/TCA/2009/dyec_042709.pdf


TODAY'S NEWS

Judicial Selection, Retention
Legal News
Politics
Disciplinary Actions
TBA Member Services

Judicial Selection, Retention
Judicial selection debated
The debate over judicial merit selection is heating up, with several bills in the legislature that could maintain or drastically change the way Tennesseans get their appellate judges. "We have had a judicial branch which has been very well-regarded," Tennessee Bar Association president said in an interview with the Tennessean. "We have very little campaign spending, and people are able to get selected on their merits, not because of their political connections, because of the selection commissions." The House is set to debate three bills in coming weeks that will extend the judicial commissions. Legislation on the issue is also moving in the Senate, where Sen. Ron Ramsey is trying to build support for a plan that would put a constitutional amendment before voters in 2014 dealing with the selection of judges.
The Tennessean has the story
Legal News
Vick named BPR ethics counsel
The Board of Professional Responsibility has named James A. Vick to the newly created position of ethics counsel. He has more than 13 years of experience as a disciplinary counsel and has most recently served as the deputy chief for the board's Investigations Section. The ethics counsel will respond to all inquiries of Tennessee lawyers concerning their own compliance with the Rules of Professional Conduct. Beginning May 1, Vick will assist the board in drafting formal and informal ethics opinions and will develop continuing legal education materials for the office.

Victim advocates concerned over possible loss of funding
As National Crime Victims' Rights Week gets underway, advocates are worried about proposed funding cuts that will come out of programs meant to prevent victimization in the first place: home visits with caregivers unexpectedly raising family members, family resource centers and other programs that focus on reaching children before they become offenders. "There are a number of programs ... and some are children's mental health programs, that will lose or see reduced funding at the end of June," said Linda O'Neal, director of the Tennessee Commission on Children and Youth.
Read more in the Tennessean
Knoxville lawyers add to book on Judge Taylor
A new book is available about the late federal Judge Robert L. Taylor, who held the position more than 35 years, longer than any other federal judge in the Eastern District of Tennessee. Remembering United States District Judge Robert L. Taylor, was edited by Charles D. Susano Jr., a judge on the Tennessee Court of Appeals. Taylor was a judge from late 1949 to early 1985. Read about the book in the News Sentinel -- and watch for an upcoming review by Donald F. Paine in the May Tennessee Bar Journal.

Ogletree, Deakins to expand
Amid daily news of lawyer layoffs, at least one firm is adding jobs. Ogletree, Deakins, Nash, Smoak & Stewart PC will open a new office this Friday in New Orleans "to help meet the growing need of New Orleans-area businesses for labor and employment law services," according to a press release. The firm has 35 offices, including in Memphis and Nashville.
ABAJournal.com tells you more
Politics
Berke is out of race
State Sen. Andy Berke (D-Chattanooga) has told media sources this afternoon that he will not be a candidate for governor in 2010. Berke is currently serving his first full term in the State Senate.
NashvillePost.com reports
Disciplinary Actions
Carthage attorney suspended
Carthage lawyer Jacquelyn M. Scott was suspended by the Tennessee Supreme Court on April 22 for one year and four months, retroactive to her Nov. 8, 2007, temporary suspension. Scott has substantially complied with her Tennessee Lawyer's Assistance Program (TLAP) Monitoring Agreement for six months.
Read the BPR news release
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.

© Copyright 2009 Tennessee Bar Association