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| Monday, July 20, 2009 |
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CLE Webcast: DUI law for civil attorneys
Even if you don't practice criminal law, there's a good chance that a friend, family member or client will ask you about the dangers of imbibing too much alcohol (or other drug) and getting behind the wheel. Don't let them down. This July 22 TennBarU webcast from Stephen Ross Johnson, a partner with Ritchie, Dillard, & Davies, PC, will provide you an entertaining overview of DUI law in Tennesee
Find out more or register online now
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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.
01 - TN Supreme Court
00 - TN Worker's Comp Appeals
00 - TN Supreme Court - Rules
03 - 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.
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SUPREME COURT DISCRETIONARY APPEALS Grants & Denials List
no grants or denials
Court: TSC
http://www.tba2.org/tba_files/TSC/2009/certlist_072009.pdf
KNOX COUNTY, TENNESSEE, on the relationship of ENVIRONMENTAL TERMITE & PEST CONTROL, INC., qui tam
Court: TCA
Attorneys:
David S. Wigler, Knoxville, Tennessee, for appellant.
John E. Owings, Knox County Law Director and Robert C. McConkey, Deputy Law Director, Knoxville, Tennessee, for appellee.
Judge: FRANKS
Plaintiff filed this action as a "qui tam claim" pursuant to the Tennessee False Claims Act. Tenn. Code Ann. section 4-18-101 et seq. The Trial Court awarded plaintiff proceeds from the settlement under the Act and both parties have appealed. On appeal we hold that plaintiff did qualify under the statute as an original source, and the Trial Court had jurisdiction to award a recovery. However, we hold there is not sufficient evidence to affirm the award. We vacate the award and remand pursuant to Tenn. Code Ann. section 27-3-128.
http://www.tba2.org/tba_files/TCA/2009/knoxcounty_072009.pdf
QUOC TU PHAM, ET AL. v. CITY OF CHATTANOOGA, ET AL.
Court: TCA
Attorneys:
Kenneth O. Fritz, Chattanooga, Tennessee, for the Appellants, City of Chattanooga and the Chattanooga City Council.
Arvin H. Reingold, Chattanooga, Tennessee, for the Appellees, Quoc Tu Pham and An Lee Pham.
Judge: MCCLARTY
The plaintiffs filed an action for declaratory judgment to review an Ordinance changing the zoning of the plaintiffs' property. Upon concluding that the defendants improperly changed the zoning on the subject property, the trial court invalidated the Ordinance. The defendants appeal. We affirm.
http://www.tba2.org/tba_files/TCA/2009/phamq_072009.pdf
TOM SPEARS, ET AL. v. TENNESSEE FARMERS MUTUAL INSURANCE COMPANY
Court: TCA
Attorneys:
Tim L. Bowden, Goodlettsville, Tennessee, for the appellants Tom spears and Dana Spears.
Arthur E. McClellan, Gallatin, Tennessee, for the appellee, Tennessee Farmers Mutual Insurance Company.
Judge: DINKINS
Owners of an insured vehicle that was damaged by fire filed suit against their insurance company for breach of contract, failure to pay insurance claim in good faith, and violations of the Tennessee Consumer Protection Act. Insurer filed a counter-complaint alleging that one of the insureds had
no right of recovery under the policy because she had no insurable interest in the vehicle and that the other insured was barred from seeking recovery under the policy because the insured failed to answer questions under oath when asked by the insurer. The trial court granted summary judgment to the insurer. Finding no error, we affirm.
http://www.tba2.org/tba_files/TCA/2009/spearst_072009.pdf
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| TODAY'S NEWS |
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Legal News
Politics
TBA Member Services
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| Legal News |
| Lewis elected ATJ Commission vice chair |
| Memphis lawyer Buck Lewis was elected vice chair of the newly formed Access to Justice Commission last week.
Lewis, who is immediate past president of the Tennessee Bar Association, was unanimously elected by the 10 members of the commission.
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Find out more about the commission
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| 'Guns-in-parks' law may get court challenge |
| The list of cities and counties opting out of Tennessee's new law that allows people with gun permits to take their weapons into public parks keeps getting longer.
But a Nashville lawyer who has worked more than a decade to allow gun permit holders to bear arms in public parks said he is considering a court challenge.
Tennessee Firearms Association director John Harris said the opt-out provision for local governments is a "travesty" and might be challenged in court. The AP reported this story. |
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| Burnette honored by national employment law group |
| Chattanooga lawyer Harry Burnette was recognized recently by the national College of Labor and Employment Lawyers in Washington, D.C. He is the first Chattanooga lawyer to be inducted into the organization. He was honored for his efforts in the area of work-related discrimination. |
Read more about him in the Chattanooga Times Free Press
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| Judge: Wipe that look off your face, young lady |
| A Georgia appeals court has reversed a judge's contempt order that sent a lawyer to jail for making a sarcastic face.
Chief Judge A.J. "Buddy" Welch Jr. of Henry County Juvenile Court had found lawyer Ella A. S. Hughes in contempt for "giving sarcastic, unprofessional looks, body action that showed her disgust for the court's ruling and disrespect for the court in its entirety." Hughes was reacting to Welch's order requiring her client's children be taken into custody by child welfare authorities, according to the story. Hughes said she was just bowing her head to write down what the judge was saying. |
ABAJournal.com reports
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| Reeves' column sheds light on disciplinary process |
| In her regular column, Knoxville lawyer Pam Reeves explains to the public how the Professional Rules of Conduct hold lawyers to the highest standards. |
Read her in the News Sentinel
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| Senate hearings portray Sotomayor 3 ways |
| The National Law Journal analyzes
"at least three Sonia Sotomayors" portrayed before the Senate Judiciary Committee at its four-day confirmation hearing last week. She is described as shackled (by precedent with no leeway to advance a personal agenda, even if she had one), activist and the "soon-to-be-unleashed Sonia Sotomayor who will reveal her long-hidden liberal stripes once she joins a Supreme Court that can do absolutely anything it wants."
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Law.com carried this wrap-up
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| Politics |
| Herenton says July 30 is retirement day ... really |
| Memphis Mayor Willie Herenton confirmed today that he is planning to retire on July 30.
Herenton also told members of the media that he had "ample reasons" for delaying his retirement earlier this month. A five-term mayor, Herenton had originally pledged to step down July 10 but later pushed his resignation date to July 30, fueling questions about whether he would resign at all. |
The Commercial Appeal has the story
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| TBA Member Services |
| TBA, Bank of America team up for no-fee credit card |
| The TBA World Points Rewards MasterCard from Bank of America places a new world of rewards, privileges, and service at your command -- with no annual fee.
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Click here to learn more
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Discontinue your TBA Today subscription? ... Surely not!
But if you must, visit the TBALink web site at:
http://www.tba2.org/tbatoday/unsub_tbatoday.php
Questions, comments: Email us at TBAToday@tnbar.org
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
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