TBAConnect attracts members from age 24 to 80

The TBA's new TBAConnect social networking site continues to grow rapidly, attracting lawyers of all ages and practice areas from all across Tennessee. The web site -- similar to LinkedIn or Facebook but limited to TBA members and invited guests -- now has more than 200 participants ranging in age for 24 to 80. Those joining are almost equally split by urban/rural location -- 56 percent are from Memphis, Nashville, Knoxville and Chattanooga; by age -- 44 percent are 50 and older; and gender, with about 60 percent male and 40 percent female. Already members are using TBAConnect to create profiles, share photos, notify colleagues about upcoming events and blog on current issues.

Join the TBAConnect social networking site now

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.

IN THE MATTER OF: B.A.C. (d/o/b 6/16/07), A Child Under Eighteen (18) Years of Age

Court: TCA

Attorneys:

Charles L. Holliday, Jackson, Tennessee, for the Appellant.

Robert E. Cooper, Jr., Attorney General and Reporter, Michael E. Moore, Solicitor General, and Douglas Earl Dimond, Senior Counsel, for the Appellee, State of Tennessee, Department of Children's Services.

Lanis L. Karnes, Guardian Ad Litem.

Judge: FARMER

This appeal arises out of a termination of parental rights. The juvenile court terminated the parental rights of Rebecca Cornelius ("Mother") on April 7, 2009, after finding grounds of severe child abuse and persistence of conditions. We affirm.

http://www.tba2.org/tba_files/TCA/2009/bac_112409.pdf


DONNA BELLOMY v. AUTOZONE, INC.

Court: TCA

Attorneys:

Grace E. Daniell, Chattanooga, Tennessee, for the Appellant, Donna Bellomy.

Tracy E. Kern, New Orleans, Louisiana, Laurie M. Chess, Miami, Florida, and Stacy Lynn Archer, Chattanooga, Tennessee, for the Appellee, AutoZone, Inc.

Judge: SWINEY

This discrimination lawsuit was filed by Donna Bellomy ("Plaintiff") against her former employer, AutoZone, Inc. ("Defendant"). Plaintiff claimed Defendant failed to promote her because she was a female and that Defendant otherwise created a hostile environment for female employees. Plaintiff also brought various tort claims, including claims based on negligence and intentional infliction of emotional distress. The Trial Court granted Defendant's motion for summary judgment and dismissed all of Plaintiff's claims. Plaintiff appeals. We affirm the Trial Court's grant of summary judgment with respect to the various tort claims brought by Plaintiff. However, we conclude that there are genuine issues of material fact with respect to Plaintiff's Tennessee Human Rights Act claims. We vacate the grant of summary judgment on Plaintiff's Tennessee Human Rights Act claims and remand this case for further proceedings consistent with this Opinion.

http://www.tba2.org/tba_files/TCA/2009/bellomyd_112409.pdf


ELIZABETH BURKS v. THE KROGER COMPANY ET AL.

Court: TCA

Attorneys:

John C. Ryland, Memphis, Tennessee, for the appellant, Elizabeth Burks.

Michael H. Johnson and Melissa Bradford Muller, Nashville, Tennessee, for the appellant, The Kroger Company.

Winston N. Harless and Mary Beth Haltom, Nashville, Tennessee, for the appellee, Village Roofing Company, Inc.

Richard C. Mangelsdorf, Jr., Nashville, Tennessee, for the appellee, Roof Management, Inc.

William H. Poland, Clarksville, Tennessee, for the Intervenor appellant, BlueCross BlueShield of Tennessee, Administrator for Swift Industrial Health and Benefit Plan.

Judge: CLEMENT

This is a negligence action resulting from a slip and fall by a customer at a Kroger grocery store. The plaintiff slipped on a pool of water created by one of several leaks in the roof of the grocery store. The plaintiff filed suit against three defendants, The Kroger Company, Roof Management, Inc., a roofing consultant responsible for facilitating necessary repairs to the roof of the grocery store, and Village Roofing Company, Inc., the roofing contractor which made repairs to the roof when called upon to do so. Village Roofing and Roof Management each filed motions for summary judgment. The trial court granted summary judgment to both Village Roofing and Roof Management finding they did not owe a duty of care to the plaintiff and if they did owe a duty that their acts and omissions were not the proximate cause of the plaintiff's injuries. We have determined there are genuine issues of material fact that preclude a determination of whether Village Roofing or Roof Management owed a duty of care to the plaintiff or whether their actions were or were not the legal cause of Ms. Burks' injuries. Therefore, we reverse the grant of summary judgment to Village Roofing and Roof Management and remand for further proceedings.

http://www.tba2.org/tba_files/TCA/2009/burkse_112409.pdf


KARL S. DAVIDSON v. GOVERNOR PHILLIP BREDESEN, in His Individual Capacity, ET AL.

Court: TCA

Attorneys:

Joseph Howell Johnston and John Herbison, Nashville, Tennessee, for the appellant, Karl S. Davidson.

Robert E. Cooper, Jr., Attorney General and Reporter, Steven A. Hart, Special Counsel, and Janet M. Kleinfelter, Senior Counsel, for the appellees, Governor Phillip Bredesen, Commissioner, Gina Lodge, (former) TennCare Director J.D. Hickey, Commissioner David Goetz, Commissioner Paula Flowers and (former) Deputy Governor David Cooley.

Judge: FARMER

Plaintiff filed a cause of action against several State officials, in their individual capacities, asserting multiple claims after being disenrolled from TennCare following amendments to TennCare in 2005. The trial court granted Defendants' motion to dismiss Plaintiff's claims for failure to state a claim. We affirm in part, reverse in part, and remand for further proceedings.

http://www.tba2.org/tba_files/TCA/2009/davidsonk_112409.pdf


MARIO MARQUIS GRAY v. STATE OF TENNESSEE

Court: TCCA

Attorneys:

Dwight E. Scott, Nashville, Tennessee, for the Appellant, Mario Marquis Gray.

Robert E. Cooper, Jr., Attorney General and Reporter; David H. Findley, Assistant Attorney General; Victor S. Johnson, III, District Attorney General, and Rachel Sobrero, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: SMITH

Petitioner, Mario Marquis Gray, also known as Mario Marquis Grey, entered a best-interest plea in Davidson County to one count of aggravated burglary in exchange for a sentence of six years, to run consecutively to a prior conviction for which he was on probation at the time of his arrest. Petitioner sought post-conviction relief on the basis that he received ineffective assistance of counsel and that his guilty plea was unknowing and involuntary. After a hearing, the post-conviction court denied relief. On appeal, Petitioner argues that he was improperly denied relief by the post-conviction court. After a review, we determine that Petitioner has failed to show that he received ineffective assistance of counsel or that his guilty plea was entered involuntarily. Accordingly, the judgment of the post- conviction court is affirmed.

http://www.tba2.org/tba_files/TCCA/2009/graym_112409.pdf


DAVID D. MOORE v. STATE OF TENNESSEE

Court: TCCA

Attorneys:

David Moore, Pro Se.

Robert E. Cooper, Jr., Attorney General and Reporter; John H. Bledsoe, Assistant Attorney General; Victor S. Johnson, III, District Attorney General, and Bret Gunn, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: SMITH

Following an indictment by the Davidson County Grand Jury, Petitioner, David D. Moore, pled guilty to one count of conspiracy to deliver over twenty-six grams of cocaine. Petitioner filed a petition for post-conviction relief alleging ineffective assistance of counsel based upon counsel's failure to file an original motion to suppress and instead relying on the motion of a co-defendant. The post-conviction court summarily dismissed the petition for failing to state a colorable claim. When viewing the allegations in the petition in the light most favorable to Petitioner, we conclude that he has stated a colorable claim. Therefore, we reverse the post-conviction court's dismissal of the petition and remand so the post-conviction court can appoint counsel and conduct an evidentiary hearing.

http://www.tba2.org/tba_files/TCCA/2009/moored_112409.pdf


TODAY'S NEWS

Legal News
Court of the Judiciary
Upcoming
Your Practice
TBA Member Services

Legal News
Moses to lead national group of matrimonial lawyers
The American Academy of Matrimonial Lawyers has chosen Nashville attorney Marlene Eskind Moses, a partner at Moses & Townsend PLLC in Nashville, to serve as its president for the coming year.
NashvillePost.com has more
Columbia mosque's firebomber sentenced
Michael C. Golden pleaded guilty to firebombing a mosque in Columbia, Tenn., last year and yesterday was sentenced to more than 14 years in federal prison. Golden, represented by Michael Flanagan, a solo practitioner in Nashville who was court-appointed, admitted he constructed Molotov cocktails and used them to destroy the Islamic Center of Columbia in February 2008.
The Blog of Legal Times reports
Judge accused of 'abusing her discretion'
Attorney Bruce Poston argued before the state Court of Criminal Appeals today that Knox County Judge Mary Beth Leibowitz "abused her discretion" in sentencing decisions in the case of Eric McLean. Poston contends the judge bowed to pressure from prosecutor Bill Crabtree and sentenced McLean "based on emotions" rather than facts. Charged with first-degree murder in the shooting death of 18-year-old Sean Powell, McLean was convicted of reckless homicide, receiving 12 years' probation.
The News Sentinel has the story
Court of the Judiciary
Dumas asks for dismissal of charges
The Court of the Judiciary has received Judge Gloria Dumas's answer to the formal charges that have been filed against her. She has also filed a motion to strike discovery requests. Among responses in the answer she "denies that she is persistently late in attending court sessions," "consistently failed to attend her dockets" and asks that all charges be dismissed.
See the charges on the AOC site
Upcoming
Judge Stinnett to be honored Dec. 1
The Federal Bar Association and the Chattanooga Bar Association invite you to a retirement celebration for U.S. Bankruptcy Judge Thomas Stinnett, Dec. 1, at the Chattanooga Golf and Country Club, 1511 Riverview Road. The event begins at 6 p.m. and is $40 per person. RSVP to the CBA office at (423) 756-3222, extension 102.

MBA Annual Meeting Dec. 3
At the Memphis Bar Association annual meeting Dec. 3, Hon. Sharon G. Lee of the Tennessee Supreme Court will speak on the experiences of her father and others, part of the "Greatest Generation," who served their country in World War II. Those who have achieved the milestone of 50 years in the practice of law will be recognized as will MBA past presidents. The Judge Jerome Turner Lawyer's Lawyer Award and the Sam A. Myar Jr. Memorial Award will be presented to attorneys for exemplary professionalism and service, and President Art Quinn will transfer the gavel to incoming President Ricky E. Wilkins.
Click here for details and to reserve your seat now
Knoxville Bar meeting Dec. 11
The Knoxville Bar Association's Annual Membership Meeting will be Dec. 11 at 8:30 a.m. at the Main Assembly Room of the City County Building. Samuel C. Doak of Arnett, Draper & Hagood will be sworn in as president during the meeting, while the Nominating Committee has recommended Michael J. King for president-elect, J. William Coley for treasurer, and Heidi A. Barcus for secretary. Nominations to fill the four open positions on the Board of Governors are (for three-year terms) Ursula Bailey, Mary Elizabeth Maddox, Keith H. Burroughs, Suzanne K. Roten, Jason H. Long and Charles M. Torres. For the Government/Public Sector Position (a one-year term) is Hon. Timothy E. Irwin.
Download the candidates' bios
Your Practice
Does your firm have a social media policy?
Your firm needs to have a social media policy, just like you have a dress code or email policy, experts say. If someone Googles your firm name, what do they see first? Is it an employee's Facebook page, as it was when when attorney and author Greg Ripple looked up a law firm he didn't know a few years ago? Ripple writes that what is most likely to cause concern are comments that might reveal confidential business information or simply interfere with the manner in which the employer wanted to present itself to the world.
Learn more about social media policies from West Michigan Business
TBA Member Services
Let JobLink help you with your next career move
A career service for Tennessee attorneys and law students, TBA JobLink is a job seeking and recruitment tool available at no charge. Whether you have a position to fill or are seeking employment, this site will guide you through a simple process to post your information.
Visit the site

 
 
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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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