Sotomayor: 'fidelity to the law' is her guide

In the first day of her confirmation hearing to the Supreme Court, Judge Sonia Sotomayor described her judicial philosophy in four words: "fidelity to the law." Some senators have said Sotomayor compromises her impartiality as a judge by relying too heavily on her personal background. Sotomayor said to them, "My personal and professional experiences help me listen and understand, with the law always commanding the result in every case." National Public Radio has photos and transcripts of the opening statements.

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SUPREME COURT DISCRETIONARY APPEALS Grants & Denials List
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Court: TSC

http://www.tba2.org/tba_files/TSC/2009/certlist_071309.pdf


JELD-WEN, INC. v. MARVIN L. CLARK

Court: TWCA

Attorneys:

Richard C. Mangelsdorf, Jr., Nashville, Tennessee, for the appellant, Jeld-Wen, Inc.

Donald P. Zuccarello, Nina H. Parsley, and Marshall H. McClarnon, Nashville, Tennessee, for appellee, Marvin L. Clark.

Judge: WALLACE

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 ordered Employer to provide pain management treatment to Employee. Employer has appealed, contending that the proposed treatment was made necessary by a pre-existing condition, an independent intervening cause, or both, rather than Employee's work injury. We affirm the judgment of the trial court.

http://www.tba2.org/tba_files/TSC_WCP/2009/clarkm_071309.pdf


JANIE VINCENT v. CALSONIC KANSEI NORTH AMERICA, INC., ET AL.

Court: TWCA

Attorneys:

Thomas W. Tucker, III, Nashville, Tennessee, for the appellants, Calsonic Kansei North America, Inc., and Travelers Indemnity Company.

Donald D. Zuccarello and Nina H. Parsley, Nashville, Tennessee, for the appellee, Janie Vincent.

Judge: WALLACE

This workers' compensation appeal has been referred to the Special Workers Compensation Appeals Panel 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. The trial court held that Employee suffered a compensable injury to her left shoulder; that she did not make a meaningful return to work and the statutory cap therefore did not apply; and awarded her benefits based upon a vocational disability of 35% to the body as a whole. Employer and its insurance company appealed. Upon our review of the record, we affirm the judgment of the trial court.

http://www.tba2.org/tba_files/TSC_WCP/2009/vincentj_071309.pdf


TODAY'S NEWS

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New IOLTA rule praised
The Commercial Appeal explains how the IOLTA (Interest On Lawyer's Trust Accounts) program works and praises last week's Supreme Court ruling to make participation mandatory, saying it "should provide more money to help the poor with their legal issues." The board chairman of the Tennessee Bar Foundation, which administers the program, says TBA immediate past president Buck Lewis "deserves a special salute" for helping institute the new rule. "There is no greater or more resolute champion than Buck Lewis," Riney Green said in a prepared release.
Read it in the Commercial Appeal
Guns-in-bars law challenge rejected
Tennessee handgun carry permit holders will be allowed to take their guns into establishments serving alcohol beginning at midnight, under a new law. Chancellor Claudia Bonnyman rejected today on procedural grounds a claim for a temporary injunction, which would have prevented the law from taking effect. Earlier today, some high-profile organizations filed affidavits in support of the legal challenge to the guns-in-bars law, including Metro Police Chief Ronal Serpas, the Nashville Area Chamber of Commerce and the Nashville Convention and Visitors Bureau.
Read about it in the City Paper
Guns-in-parks law 'too vague,' opinion says
In Memphis, County Attorney Brian Kuhn, responding to a request from Mayor A C Wharton, issued an opinion released today saying that the laws regarding local governments opting out of the guns-in-parks state legislation and restaurants banning guns in their establishments were too vague and diluted. The opinion also asserts that the state's guns-in-parks and guns-in-restaurants laws are unconstitutional.
The Commercial Appeal reports
Interest high for Oaks' former public defender spot
Three attorneys have expressed interest in filling the public defender position, open since Bob Oaks' death June 7, the Times News reports. They are Assistant Public Defender Jeff Kelly, Assistant Public Defender Bill Fransisco and Jerome Cochran, an Elizabethton attorney and a former state representative.
Find out more
Holder may probe Bush interrogation practices
U.S. Attorney General Eric Holder is considering whether to appoint a criminal prosecutor to investigate the Bush administration's interrogation practices, the Associated Press reports. This would be a controversial move running counter to President Barack Obama's wishes to leave the issue in the past.
The Times Free Press reported this AP story
Massey appeal set for September
The West Virginia Supreme Court has scheduled the third round of arguments in coal giant Massey Energy's appeal of $50 million jury verdict awarded to rival Harman Mining. On Friday, the court put the case on its Sept. 8 calendar. Retired Putnam County Circuit Judge James Holliday will replace disqualified Chief Justice Brent Benjamin.
TriCities.com reported this AP news
Upcoming
New 'Scopes' play hopes to revive festival
The annual Scopes Trial Festival in Dayton, Tenn., will have a new twist this year -- a new play with a different angle. "One Hot Summer," focuses more on F.E. Robinson, owner of a Dayton drug store, and George Rappelyea, a local mining engineer. Those two teamed together to cook up the plan to land the evolution case in Dayton in order to bolster business. The new version will take place in the main courtroom of the Rhea County Courthouse July 17 at 8 p.m. and July 18 at 3 p.m. and 8 p.m. Tickets are $5 with open seating, pay at the door.
The Rhea Herald-News has the story
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