Transactional practice CLE focuses on business formation

Business attorneys can gain the information, tools and tips they need to successfully handle the formation of business entities at the upcoming TennBarU Transactional Practice CLE program, Oct. 22 in Nashville. The six-hour seminar -- sponsored by the TBA's Young Lawyers Division -- will offer an overview of different business entities, with an emphasis on what entities are best for various clients and business plans. The course also will feature a tax attorney discussing the implications associated with various business entities, a presentation on mergers and acquisitions -- including the ethical considerations that arise in M&A work -- and a panel discussion about the conflicts of interests business attorneys may face.

Learn more or register at TennBarU

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.

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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.

ROBERT W. HAWLEY v. BILLY JOE MAULDIN, ET AL.

Court: TCA

Attorneys:

Billy Joe Mauldin, Paris, Tennessee, pro se.

W. Brown Hawley, II, Paris, Tennessee, for the Appellee, Robert W. Hawley.

Judge: STAFFORD

This appeal arises from a judgment entered by the trial court in favor of plaintiff. In his complaint, plaintiff asked the trial court to remove a cloud from the title to his property and to enjoin defendant from making certain fraudulent claims in the future. Defendant asserts that the trial court did not have subject matter jurisdiction over the dispute. On review, we find that the chancery court has the authority to grant the equitable relief requested by plaintiff. The court therefore had subject matter jurisdiction over the dispute. The judgment is affirmed.

http://www.tba2.org/tba_files/TCA/2009/hawleyr_091009.pdf


SCOTT PEATROSS, Administrator of the Estate of BLANCHARD GREENWOOD, deceased v. SHELBY COUNTY, TENNESSEE, ET AL.

Court: TCA

Attorneys:

Jeffrey S. Rosenblum and Marc E. Reisman, Memphis, Tennessee for the Appellant, Scott Peatross.

Debra L. Fessenden, Memphis, Tennessee for the Appellee, Shelby County Tennessee.

Gail O. Mathes, Memphis, Tennessee for the Appellee, City of Memphis.

James F. Kyle and Jessica M. Hackett, Memphis, Tennessee, for the Appellee, Shelby County Healthcare Corporation d/b/a Regional Medical Center at Memphis ("the Med").

Christopher V. Vescovo, Edd L. Peyton, Memphis, Tennessee, for the Appellee, Amos Raymond, M.D.

Judge: STAFFORD

This appeal results from the trial court's grant of summary judgment in favor of defendants. The issue before the trial court was the scope of a release agreement signed by the decedent's children and one of the defendants ("the Med"). The remaining defendants argued that this agreement provided for the release of claims against all potential defendants. Plaintiff responded that the parties to the agreement had no intention of releasing additional parties. Examining the language of the release and the circumstances surrounding its execution, we agree with the trial court's finding that plaintiff's claims against defendants were released. We also agree with the trial court's finding that the agreement released any civil rights claims that plaintiff might assert against the Med. The judgment of the trial court is therefore affirmed.

http://www.tba2.org/tba_files/TCA/2009/peatrosss_091009.pdf


STATE OF TENNESSEE v. NATHAN BRAD CORNWELL

Court: TCCA

Attorneys:

Blake E. Sempkowski, Morristown, Tennessee, for the appellant, Nathan Brad Cornwell.

Robert E. Cooper, Jr., Attorney General and Reporter; Clarence E. Lutz, Assistant Attorney General; C. Berkeley Bell, Jr., District Attorney General; and Kevin Keeton, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: OGLE

A Hamblen County Criminal Court jury convicted the appellant, Nathan Brad Cornwell, of driving under the influence, third offense, a class A misdemeanor. He was sentenced to eleven months and twenty-nine days and fined one thousand, one hundred and ten dollars. The court also ordered that his driving license be suspended for three years. On appeal, he challenges the sufficiency of the convicting evidence. Upon review, we affirm the judgment of the trial court.

http://www.tba2.org/tba_files/TCCA/2009/cornwelln_091009.pdf


STATE OF TENNESSEE V. TERRY PHELPS

Court: TCCA

Attorneys:

Emeterio R. Hernando, Lewisburg, Tennessee, for the Appellant, Terry Phelps.

Robert E. Cooper, Jr., Attorney General and Reporter; Michael E. Moore, Solicitor General; Rachel West Harmon, Assistant Attorney General; Chuck Crawford, District Attorney General; Michael D. Randles, Assistant District Attorney General, for the Appellee, State of Tennessee.

Judge: WEDEMEYER

A Bedford County grand jury indicted the Defendant, Terry Phelps, on charges of violating the sex offender registry statute due to failure to register a change of residence. He pled guilty, agreeing to allow the trial court to determine his sentence. Before the sentencing hearing, the Defendant filed a motion to withdraw his guilty plea, which the trial court denied. The trial court sentenced him to three years in the Tennessee Department of Correction ("TDOC") as a Range II offender. The Defendant now appeals, contending: (1) the trial court erred when it denied his motion to withdraw his guilty plea; and (2) the trial court erred in setting the length and range of his sentence. After a thorough review of the record and the applicable law, we affirm the trial court's judgment.

http://www.tba2.org/tba_files/TCCA/2009/phelpst_09109.pdf


Accident Service Fees Charged by Fire Departments

TN Attorney General Opinions

Date: 2009-09-10

Opinion Number: 09-153

http://www.tba2.org/tba_files/AG/2009/ag_09_153.pdf

TODAY'S NEWS

Legal News
Disciplinary Actions
Passages
Upcoming
Correction
TBA Member Services

Legal News
Obama names Oak Ridge legal aid lawyer to TVA board
President Barack Obama today announced his intent to nominate Oak Ridge lawyer Neil McBride to the Tennessee Valley Authority Board of Directors. McBride, who serves as general counsel with the Legal Aid Society of Middle Tennessee and the Cumberlands, has been involved in TVA issues for 35 years. He also is a member of the TBA House of Delegates and an adjunct professor at the University of Tennessee College of Law. McBride earned his law degree in 1970 from the University of Virginia School of Law.
Read the announcement
Memphis law professor publishes general sessions text
University of Memphis Law School professor Lawrence A. Pivnick has written a new textbook on civil practice in General Sessions Court -- the first such volume published in 40 years. The book is designed to be a primer on General Sessions Court practice for attorneys in the early years of their careers, law students participating in clinical programs and individuals representing themselves in court. Copies of the text may be purchased directly from Pivnick at 5169 Walnut Grove Road, Memphis, TN 38117. Cost is $90. Attorneys providing pro bono services through Memphis Area Legal Services may purchase the book for $45.

DA back in Clarksville office
District Attorney John Carney is back at work after battling an undisclosed health ailment for several months. While he declined to talk about the nature of the health problem, Carney said it would not impede his ability to carry out his duties.
The Clarksville Leaf-Chronicle has the latest
Business lawyers get in the pro bono game
Memphis Area Legal Services has announced that the Memphis Bar Association's Business Law Section will participate in its nonprofit pro bono program, a partnership with the Alliance for NonProfit Excellence that pairs business lawyers with nonprofit groups in need of legal counsel. Volunteers will handle a range of issues, including leases, contracts, dissolutions and employment matters. For more information about the program contact Linda Warren Seely with MALS at lseely@malsi.org

Sumner County attorney fights disbarment
Jocelyn D. Mims was disbarred by the Board of Professional Responsibility after pleading guilty to one count of conspiracy and one count of criminal attempt to introduce drugs into a penal facility. Now she is appealing the conviction and challenging the disbarment, of which she says she never received notice.
Read more in the Tennessean
Environmental writing competition underway
The TBA Environmental Law Section has announced the 2010 Jon E. Hastings Memorial Award writing competition for law student members of the section. The competition is held each year in memory of one of the section's most outstanding founding members and has a cash prize pool of $1,200. It is a juried competition for the best legal writing on a topic related to Tennessee or federal environmental law. Entries are due March 27.
Learn more about the contest
Ingram appointed to bar foundation board
Memphis lawyer Yolanda Wesley Ingram has been appointed to the board of directors for the Memphis Bar Foundation. Ingram is the assistant dean for student affairs at the University of Memphis School of Law, director of the Tennessee Institute for Pre-Law and an adjunct professor in paralegal studies. She earned her law degree from the Washburn University School of Law in Topeka, Kan.
The Memphis Daily News has this feature of Ingram
Disciplinary Actions
Memphis lawyer suspended
Memphis lawyer Michael E. Latimore was suspended on Sept. 1 for failing to respond to a disciplinary complaint of ethical misconduct. The suspension will remain in effect until dissolution or modification by the Supreme Court.
Download the BPR notice
Passages
Memphis lawyer dies
Memphis lawyer James Thomas Wilkinson Jr. died Sept. 5. He was a graduate of the University of Mississippi Law School and practiced law for 55 years. Wilkinson was buried earlier this week at Barbee Cemetery in Lula, Miss. Memorials may be sent to King's Daughters and Sons Home in Bartlett or a charity of the donor's choice.

Upcoming
TBA YLD plans Memphis Law School visit
The TBA Young Lawyers Division will launch its 2009 fall law school outreach efforts next week with a visit to the University of Memphis Cecil C. Humphreys School of Law on Tuesday, Sept. 15. All TBA members are invited to stop by the law school between 11 a.m. to 4 p.m. to interact with students, or attend an evening reception from 5:30 to 7 p.m. at the Grove Grill. For more information or to RSVP contact the YLD

Correction
The Sept. 8 issue of TBA Today included a story about the Supreme Court's proposed pro bono reporting rule. The proposal, if adopted, would call for voluntary reporting of pro bono hours, not mandatory reporting as suggested in the story. The proposed rule is out for public comment until Sept. 30.
Read the rule here
TBA Member Services
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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