Bar exam results released this Friday

The Board of Law Examiners has said it will release the names of successful candidates from the July bar exam on Friday around mid-day. The list will be posted on tba.org as soon as it is available.
TODAY'S OPINIONS
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WENDELL P. BAUGH, III, ET AL. v. HERMAN NOVAK, ET AL.
CORRECTION page 9 second paragraph line 7, line 8 and page 10 line 1


Court: TCA

Attorneys:

Paul R. White and Keith A. Turner, Nashville, Tennessee, for the appellants, Herman Novak and Faith Novak.

Stephen C. Knight and Nader Baydoun, Nashville, Tennessee for the appellees, Wendell P. Baugh, III, and Laura W. Baugh.

Judge: FARMER

This case arises out of a business agreement between the parties. Plaintiffs executed a note to purchase a company. The note contained a stock transfer restriction. Subsequently, Plaintiffs entered into a business agreement with Defendants. The subject of that agreement is disputed in this lawsuit, but Plaintiffs contend that Defendants purchased one-half of the company and executed an indemnity agreement to indemnify Plaintiffs for one-half of the note on the purchase of the company. After operating for nearly ten years, the company failed. At trial, Plaintiffs sought to enforce the indemnity agreement, and Defendants counterclaimed to recover $73,000.00 that they paid to Plaintiffs before they allegedly executed the contract. The trial court found in Plaintiffs' favor. Defendants now appeal claiming that the trial court made several evidentiary errors, that the contract is unenforceable because it violated the statute of frauds, that parol evidence regarding the terms of the contract was inadmissible, and that the corporation cannot continue its existence and sell stock after dissolution. We reverse the trial court's determination based on our finding that the contract is unenforceable as a matter of public policy.

http://www.tba2.org/tba_files/TCA/2009/baughw_CORR_101309.pdf


DEJA VU OF NASHVILLE, INC. ET AL. v. THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY ET AL.

Court: TCA

Attorneys:

Bob Lynch, Nashville, Tennessee, and Bradley J. Shafer, Lansing, Michigan, for the appellants, Deja Vu of Nashville, Inc., d/b/a Deja Vu, Meroney Entertainment, Inc., d/b/a Ken's Gold Club, D.F. Group, Inc. d/b/a Anthony's Showplace, and Stephanie's Cabaret of Tennessee, LLC d/b/a Stephanie's Cabaret, Jane Doe I and Jane Doe II.

Francis H. Young, Nashville, Tennessee, for the appellee, The Metropolitan Government of Nashville and Davidson County, et al.

Judge: CLEMENT

Appeal from the dismissal of Plaintiffs' claims on a Tenn. R. Civ. P. 12.02(6) Motion to Dismiss for failure to state a claim upon which relief can be granted. Plaintiffs, several sexually oriented businesses and two exotic dance entertainers, filed suit against the Metropolitan Government of Nashville and Davidson County and the Metropolitan Sexually Oriented Business Licensing Board challenging Chapter 6.54 of the Metropolitan Code of Laws, which governs the licensing and regulation of sexually oriented businesses. Plaintiffs alleged that the Ordinance was unconstitutional, both facially and as applied, under the Tennessee Constitution for, inter alia, violations of their rights to free speech, expression, privacy, association, equal protection, and due process. Two years after their first Motion to Dismiss was denied, Defendants filed a Renewed Motion to Dismiss, which the trial court granted. This appeal followed. We affirm the dismissal of Plaintiffs' claims as Plaintiffs have asserted no factual allegations which support an "as applied" constitutional challenge to the Ordinance, nor have they alleged any basis for a facial challenge to the Ordinance other than vague, conclusory legal statements.

http://www.tba2.org/tba_files/TCA/2009/dejavu_101309.pdf


IN RE MALICHI C.

Court: TCA

Attorneys:

Kathryn J. Dugger-Edwards, Elizabethton, Tennessee, for the Appellant, Audrey C.

Jerry J. Fabus, Gray, Tennessee, for the Appellees, Amanda Griffith and Charles Griffith.

Judge: MCCLARTY

This appeal concerns the termination of parental rights. Amanda Griffith and Charles Griffith ("the Griffiths") filed a Petition seeking to terminate the parental rights of Audrey C. ("Mother") and Noah C. ("Father"), to the minor child, Malichi C. After conducting a hearing, the trial court entered an order terminating Mother' parental rights because of severe child abuse, abandonment by willful failure to pay child support, and the best interest of the child. Mother appeals. We affirm.

http://www.tba2.org/tba_files/TCA/2009/malachic_101309.pdf


WILLIAM DAVID MCLARTY v. WILMA WALKER

Court: TCA

Attorneys:

Greg Leffew, Rockwood, Tennessee for the Appellant, Wilma Walker.

James S. Smith, Jr., Rockwood, Tennessee for the Appellee, William David McLarty.

Judge: SWINEY

On remand from this Court in an earlier appeal in this case, the Trial Court entered an order on April 9, 2009 finding and holding, inter alia, that Wilma Walker ("Defendant") and her tenants, guests, and invitees were restrained from, among other things, parking in or obstructing a driveway shared by Defendant with William David McLarty ("Plaintiff"). The Trial Court's order held that Defendant would be strictly liable for violations of the restraining order by any of her tenants, or guests or invitees of her tenants. Defendant appeals the Trial Court's order to this Court. We affirm.

http://www.tba2.org/tba_files/TCA/2009/mclartyw_101309.pdf


WILLIAM F. McNEAL v. BETTY G. McNEAL

Court: TCA

Attorneys:

Jennifer Twyman King, Jackson, TN, for Appellant

Barbara Hobock, Cynthia Chandler-Snell, Humboldt, TN, for Appellee

Judge: HIGHERS

This appeal involves the enforcement of a marital dissolution agreement, which provided that the parties would jointly own various retirement accounts after their divorce. Several years after the divorce, the wife filed a petition for relief alleging that the husband was using the funds in the retirement accounts for his own benefit and denying her access to the funds. The trial court essentially divided the retirement funds between the parties and ordered the husband to repay the wife one-half of the funds he had withdrawn since the divorce. The husband appeals. We affirm.

http://www.tba2.org/tba_files/TCA/2009/mcnealw_101309.pdf


DOROTHY MORTON v. COVENANT HEALTH CORP., ET AL.

Court: TCA

Attorneys:

Robert L. Bowman, Knoxville, Tennessee, and Jeffrey A. Phillips, Greenville, South Carolina, for the Appellant, Dorothy Morton.

Jay W. Mader, Knoxville, Tennessee, for the Appellees, Covenant Health Corporation and Parkwest Medical Center.

Judge: SWINEY

This is a retaliatory discharge lawsuit filed by Dorothy Morton ("Plaintiff") against Parkwest Medical Center and Covenant Health Corporation ("Defendants"). While employed by Defendants as a surgical tech, Plaintiff informed an unwed new mother, a patient at Parkwest Medical Center, that she was aware of a couple that might be interested in adopting the baby. The couple interested in adopting the baby were the son and daughter-in-law of one of Plaintiff's friends. Plaintiff admitted that her conduct violated Parkwest Medical Center's policy regarding adoptions, but she insisted that she was not aware of that policy at the relevant time. Plaintiff's employment was terminated because of her actions. Plaintiff sued, arguing that her termination constituted a retaliatory discharge because it was in violation of rights given to her by statute and because it violated the clear public policy of the State of Tennessee. Both Plaintiff and Defendants filed motions for summary judgment. The Trial Court granted Defendants' motion for summary judgment. Plaintiff appeals. We agree with the Trial Court that Plaintiff's termination did not violate a Tennessee statute or a clear public policy of this State and, therefore, affirm the judgment of the Trial Court.

http://www.tba2.org/tba_files/TCA/2009/mortond_101309.pdf


In re T.D.M.C. AND D.M.A.

Court: TCA

Attorneys:

Anita Lynn Vinson Coffinberry, Erin, Tennessee, for the appellant, J.S.A.

James Leonard Baum, Burns, Tennessee, for the appellant, M.H.D.M.

Robert E. Cooper, Jr., Attorney General and Reporter; Michael E. Moore, Solicitor General; Douglas Earl Dimond and Joshua Davis Baker, Assistant Attorneys General; for the appellee, State of Tennessee.

Judge: BENNETT

Mother appeals from a juvenile court order terminating her parental rights to her two children. Father appeals an order terminating his parental rights to his child with Mother. Finding clear and convincing evidence to support the juvenile court's determination, we affirm.

http://www.tba2.org/tba_files/TCA/2009/tdmc_101309.pdf


STATE OF TENNESSEE v. RANDY JOE MCNEW

Court: TCCA

Attorneys:

J. Matthew King (on appeal and at trial), and Jason R. McClellan (at trial), Kingsport, Tennessee, for the appellant, Randy Joe McNew.

Robert E. Cooper, Jr., Attorney General and Reporter; Clark B. Thornton, Assistant Attorney General; H. Greeley Wells, Jr., District Attorney General; and Brandon Haren and Julie Canter, Assistant District Attorneys General, for the appellee, State of Tennessee.

Judge: WITT

A Sullivan County Criminal Court jury convicted the defendant, Randy Joe McNew, of driving after having been declared a motor vehicle habitual offender, see T.C.A. section 55-10-616 (2004), violating the vehicle registration law, see id. section 55-5-115, and driving under the influence, see id. section 55-10-401. The trial court imposed an effective sentence of four years to be served in the Department of Correction. On appeal, the defendant challenges the sufficiency of the convicting evidence, argues that a violation of the rule of sequestration rendered a State's witness incompetent to testify, claims that the trial court erred by refusing to rule prior to trial on the admissibility of evidence of the defendant's prior convictions, and attacks the sentencing decision of the trial court. Discerning no error, we affirm the judgments of the trial court.

http://www.tba2.org/tba_files/TCCA/2009/mcnewr_101309.pdf

TIPTON concurring
http://www.tba2.org/tba_files/TCCA/2009/mcnewr_CON_101309.pdf


TODAY'S NEWS

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Legal News
Happy 100th Birthday, Shelby County Courthouse!
The Shelby County Courthouse is 100 years old and Memphians are celebrating. The Centennial Celebration began this afternoon and includes tours of the building and its historical attractions, including a bust of President Andrew Jackson, one of the city's founding fathers. The stately $1.6 million courthouse with its patterned marble floors and towering ceilings is also made of blue limestone, granite, bronze, mahogany and glass. Don't miss the third-floor antique courtroom that has been restored to its 1909 appearance with rubber floor tiles and the original mahogany judge's bench and witness chair. The radiators, however, are just for show.
The Commercial Appeal has the story
Advocacy group challenges foster care law
U.S. District Court Judge Todd Campbell heard arguments today in Knoxville from attorneys for Children's Rights, a New York-based nonprofit that successfully sued the Department of Children's Services in 2001 over issues of care. The group is asking the courts to block a new Tennessee law it claims unfairly pressures judges to keep children out of foster care.
The News Sentinel reports
Montgomery County Teen Court sworn in
Members of the 2009-2010 Montgomery County Teen Court were sworn in by Judge Ray Grimes recently. As part of teen court, students take turns assuming the roles of bailiff, clerk, prosecutor, juror and defense attorney during the court proceeding. Through their roles, they help present facts and evidence, defend the accused juvenile and take care of the sentencing. Local attorneys from the Montgomery County Bar Association fill the roles of judges and mentors for the teens.
The Leaf-Chronicle has more
Supreme Court Report
Court will hear Enron CEO Skilling's appeal
The U.S. Supreme Court will decide whether the "honest services" law was applied correctly when former Enron CEO Jeffrey Skilling was convicted for his role in the collapse of the energy company. Skilling is serving a 24-year prison term for his 2006 conviction on fraud and conspiracy charges. The U.S. Supreme Court granted cert today.
ABAJournal.com connects you to this story
Supremes talk about themselves for documentary
A documentary with interviews of all nine sitting U.S. Supreme Court justices -- and the two retired ones -- conducted in recent months may stand as the fullest visual portrait ever of the modern-day Supreme Court. "I came away understanding the personalities, which are so important to how the Court works," C-SPAN producer Mark Farkas said in an interview. "This is a human institution."
Find out more from C-SPAN
Upcoming
Downtown Nashville blood drive Nov. 4
The Red Cross will hold a blood drive for attorneys and staff Nov. 4, from 8:30 a.m. until 1:30 p.m. in Nashville. The event, sponsored by the Tennessee Bar Association and the Nashville Bar Association, will be at the Tennessee Bar Center, 221 4th Ave. North. Reservations can be made at www.givelife.org. Enter code: "bar assn" to view the times available for this drive. When you donate, you will be entered into a drawing for a free round of golf for four at the private, members-only
Old Natchez Country Club.
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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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