TBA Convention opens with record numbers

Tennessee lawyers from across the state began gathering in Memphis today for the Annual TBA Convention. With some 400 lawyers registered in advance, it promises to be the largest event in recent history. Kicking off activities today was a joint education session with the Tennessee Judicial Conference, followed by an address from former University of Tennessee coach Phil Fulmer. In his speech, Fulmer reflected on TBA President Buck Lewis' theme for the year -- Leaving a Proud and Enduring Legacy -- with his own thoughts about building a legacy.

Read more about Fulmer's address and see photos from the event

TODAY'S OPINIONS
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01 - TN Supreme Court
01 - TN Worker's Comp Appeals
00 - TN Supreme Court - Rules
01 - TN Court of Appeals
00 - TN Court of Criminal Appeals
01 - 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.

BRANDON T. BEAN v. STEVE BAILEY ET AL.
CORRECTION: On pages 1 and 9 Steve Bailey has been removed as a party


Court: TSC

Attorneys:

John T. Milburn Rogers, Greeneville, Tennessee, for the appellant, Brandon T. Bean.

Thomas L. Kilday and Thomas J. Garland, Jr., Greeneville, Tennessee, for the appellees, Terri Lynn Lemons and Thomas N. Sturgill.

Judge: HOLDER

In this extraordinary appeal pursuant to Rule 10 of the Tennessee Rules of Appellate Procedure, the plaintiff asserts that the trial court erred in denying the plaintiff's recusal motion. We conclude that the trial court erred by considering the opinion of a third party in violation of Tennessee Supreme Court Rule 10, Canon 3(B)(7) and applying an erroneous standard in evaluating the motion for recusal. Further, we conclude that a person of ordinary prudence in the judge's position would find that the contentious history between the judge and the plaintiff's counsel provides a reasonable basis for questioning the ability of the trial court to be fair and impartial. We reverse the decision of the trial court and remand for proceedings consistent with this opinion.

http://www.tba2.org/tba_files/TSC/2009/beanb_corr_061809.pdf


TERRY WAYNE BYNUM v. ROBERTS PETROLEUM COMPANY, INC. ET AL.

Court: TWCA

Attorneys:

E. Patrick Lancaster, Olive Branch, Mississippi, for the appellant, Roberts Petroleum Company, Inc.

Jeffrey A. Garrety and Michael J. Cash, Jackson, Tennessee, for the appellee, Terry Wayne Bynum.Robert E. Cooper, Jr., Attorney General & Reporter; Michael E. Moore, Solicitor General; Diane Dycus, Deputy Attorney General and Juan G. Villasenor, Assistant Attorney General, for the appellee, the Second Injury Fund.

Judge: ALISSANDRATOS

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. Employee suffered a significant work-related injury to his left Shoulder. An attempt to repair the injury by surgery failed. Employee had sustained a previous injury to his right shoulder. After the left shoulder injury occurred, he reported symptoms of bilateral carpal tunnel syndrome. The trial court found him to be permanently and totally disabled. It determined that his earlier injury had caused a disability of 15% to the body as a whole. On that basis, it assigned 85% of the liability for the present injury to Employer and 15% to the Second Injury Fund. Employer has appealed, arguing that the trial court erred by finding that Employee was permanently and totally disabled. Employer and the Second Injury Fund also contend that the trial court erred in its method of apportioning the award. We affirm the finding of permanent and total disability. We agree that the method used to apportion the award was incorrect and remand the case for additional proceedings on that issue.

http://www.tba2.org/tba_files/TSC_WCP/2009/bynumt_061809.pdf


WILL MYERS v. HIDDEN VALLEY LAKES TRUSTEES, INC., ET AL.

Court: TCA

Attorneys:

Will Myers, Nunnelly, TN, pro se

Brian Casper, Nashville, TN, for Appellee

Judge: STAFFORD

In this appeal, we are asked to determine whether the trial court erred in dismissing Mr. Myers' suit against Hidden Valley, finding that Hidden Valley had substantially complied with the requirements of Tennessee Code Annotated section 48-57-201. We affirm the decision of the trial court and award attorney fees to Hidden Valley.

http://www.tba2.org/tba_files/TCA/2009/myersw_061809.pdf


Constitutionality of Section 2 of Amendment No. 1 to SB 2133 Limiting Applicability to School District Population

TN Attorney General Opinions

Date: 2009-06-17

Opinion Number: 09-122

http://www.tba2.org/tba_files/AG/2009/ag_09_122.pdf

TODAY'S NEWS

Legal News
Politics
Legislative News
TBA Member Services

Legal News
Firms honored for pro bono work; see photos
The Hardison Law Firm of Memphis and the FedEx Legal Department were honored earlier this week for their commitment to access to justice ideals and pro bono service during the Third Annual TBA Corporate Counsel Pro Bono Initiative Gala in Memphis.
See photos from the event now
Lockett recall effort underway
As criminal investigations swirl around Knox County Law Director Bill Lockett, a group of residents is launching an effort to recall him. In a statement issued yesterday, Lockett said no clients were hurt by his actions, but declined to comment on the recall effort or any other aspect of the investigation.
Read more in the News Sentinel
Commissioners dismiss Lockett's statement
Two Knox County commissioners called Law Director Bill Lockett's first prepared comments since his admission of financial improprieties a "non-statement," and at least two said they plan to present proposals Monday that could lead to Lockett's removal from office.
Learn more in the News-Sentinel
AG says localities have no say over guns in bars
The state attorney general's office has ruled that municipalities have no authority to ban guns in local restaurants because the state legislature has exclusive jurisdiction over gun issues. A number of local governments have indicated their desire to keep guns out of restaurants after a new state law authorized greater rights for concealed carry permit holders.
Read more on Chattanoogan.com
Rainey Kizer Named 'Go-To Law Firm' for litigation needs
Corporate Counsel magazine has named Rainey, Kizer, Reviere & Bell PLC a "Go-To Law Firm" in the area of litigation based on surveys from Fortune 500 companies. With offices in Jackson and Memphis, the firm's practice areas include alternative dispute resolution, banking and creditor relations, education law, employment law, general corporate practice, health care and professional liability law, insurance defense, real estate transactions and tort litigation. The Memphis Daily News reported the story.

Politics
Herenton files for congressional race
Late yesterday afternoon Memphis Mayor Willie Herenton made his candidacy for the Ninth Congressional District official. He will face incumbent Democrat Steve Cohen in the primary. Though Herenton announced in April that he intended to form an exploratory committee, the papers filed with the Federal Election Commission bypass that move.
The Memphis Daily News has more
Chattanooga lawyer formalizes run for Congress
Chattanooga attorney Charles "Chuck" Fleischmann will kick off his campaign for the Third Congressional District next week. He had announced formation of an exploratory committee in April. Fleischmann has practiced law for 23 years and served as a special judge on a number of occasions. He earned his law degree from the University of Tennessee in 1986. He joins Hamilton County Sheriff Tim Gobble in the Republican primary to replace Rep. Zach Wamp. Former State Commerce and Insurance Commissioner Paula Flowers of Oak Ridge is seeking the Democratic nomination.
WRCB-TV has the story
Legislative News
Lawmakers send $26.9 billion budget to governor
The House and Senate agreed late Wednesday night on a $29.6 billion spending plan for the state and sent the measure to the governor. The budget cuts about 10 percent in spending, and includes layoffs of more than 700 state employees. Late night action by the legislature also included final demise of the state Ethics Commission as a standalone entity.
The Nashville City paper reports
TBA Member Services
CompuPay offers deals for TBA members
CompuPay is proud to serve as the official payroll services provider for the Tennessee Bar Association. To serve Tennessee attorneys the company is offering two months of free payroll processing for all TBA members and waiving set up fees for members with up to 99 employees.
Learn more about CompuPay's benefits

 
 
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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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