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Court: TCA


Clarence James Gideon, Jr., Brian P. Manookian, Thomas Anderton Wiseman, III, Nashville, Tennessee, for the appellants, Cardiac Anesthesia Services, PLLC and Cardiac Anesthesia Services, P.C.

Andrée Sophia Blumstein, Samuel P. Funk, Nashville, Tennessee; Thomas Michael O'Mara, Cookeville, Tennessee, for the appellee, Cookeville Regional Medical Center Authority.


At the summary judgment phase, the trial court found that a hospital wrongfully terminated its contract with a physician group. A jury determined the physician group was entitled to recover damages arising from the Hospital's breach. Among the issues raised on appeal is whether the trial court erred in finding that the contract did not contain a fee splitting arrangement in violation of Tenn. Code Ann. section 63-6-225. Finding that the contract contained an agreement to split physician's fees prohibited by Tenn. Code Ann. section 63-6-225, we find the contract to be unenforceable. Accordingly, we reverse.


Court: TCA


Jacob Thomas Thorington, Franklin, Tennessee, for the appellant, Martin William Huffman.

Phillip Robb Robinson, Nashville, Tennessee, for the appellee, Angela Shayne Huffman.


In this post-divorce dispute, father challenges the trial court's denial of his petition to be made the primary residential parent as well as the court's modification of the parenting schedule and its child support award. We have determined that the trial court erred in failing to make the required findings to justify an upward deviation in child support. Otherwise, we affirm the decision of the trial court.


Court: TCA


Donald Capparella, Nashville, Tennessee, for the appellant, Steven Silberman.

Craig P. Fickling, Cookeville, Tennessee, for the appellee, Cheryl L. Montgomery.


In this divorce action, Husband appeals the trial court's award of transitional alimony as excessive and an abuse of discretion. Specifically, he contends that the award, when combined with an earlier award of pendente lite alimony, resulted in a total award of alimony that was longer than the marriage; he further contends that Wife failed to establish a need for alimony. Wife appeals the trial court's decision allowing Husband to claim the tax deduction for one of the parties' children and seeks her fees for this appeal. Finding no reversible error, we affirm the trial court's judgment. Finding an award of attorney's fees to Wife appropriate, we remand the case for a determination of the amount to be awarded.


Court: TCA


James Y. Ross, Sr., Waynesboro, Tennessee, for the appellant, E.H.

Paul A. Bates, Lawrenceburg, Tennessee, for the appellees, C. L. M., and S.L.M.


After remand by Court of Appeals requiring findings of fact and conclusions of law, the trial court issued its second order terminating father's parental rights. Father appeals claiming his abandonment was not willful under Tenn. Code Ann. section 36-1-102(1)(A)(i) and termination was not in the child's best interest. We affirm the trial court.

Use of Sales and Use Tax Revenue to Pay the Cost of Qualified Public Use Facilities

TN Attorney General Opinions

Date: 2009-11-25

Opinion Number: 09-180

Procurement Process Required For Municipal Boards of Education

TN Attorney General Opinions

Date: 2009-11-25

Opinion Number: 09-181


Legal News
Legislative News
TBA Member Services

Legal News
TBA offices closed for holiday
Tennessee Bar Association offices will be closed Thursday and Friday for the Thanksgiving holiday. Regular office hours will resume on Monday, Nov. 30.

19th Judicial District to get federal prosecutor
Montgomery and Robertson counties could soon have an assistant district attorney who is cross designated as an assistant U.S. Attorney to prosecute gang and firearms cases in federal court. A $115,460 grant from the Bureau of Justice Assistance will pay the prosecutor's salary and benefits for 18 months. Montgomery County is only the third community in Tennessee to receive such a grant, joining larger cities like Nashville and Memphis.
Read about the grant in the Leaf Chronicle
Ruling allows defendants to sue over bail
A federal judge's ruling has cleared the way for defendants to sue over how bail is set in Trousdale County, one of a series of lawsuits claiming that Tennessee counties set the amounts arbitrarily. U.S. District Judge Todd Campbell granted class action status to a lawsuit contending the process of setting bail is unconstitutional in that it is "arbitrary" and doesn't individually review each case to determine if a defendant poses a flight risk. A similar suit is pending in McNairy County. Several other counties have settled such suits.
Learn more from the News Sentinel
Memphis lawyer named to ABA post
Memphis lawyer Grady M. Garrison has been appointed to serve as vice chair of the Intellectual Property Litigation Subcommittee for the American Bar Association's Litigation Section. Garrison, of counsel at Baker, Donelson, Bearman, Caldwell & Berkowitz PC, focuses his practice in the areas of intellectual property and franchise law. The Memphis Daily News reported the appointment.

LSC launches Twitter feed
The Legal Services Corporation (LSC) has launched a news feed on that will connect the civil legal aid community with the latest news and information from the agency, highlight the work of civil legal aid programs across the country and emphasize the importance of equal access to justice for low-income Americans. LSC invites all interested parties to follow their feed.
Sign up here
Memphis Bar Foundation makes charitable grant
The Memphis Bar Foundation, the charitable arm of the Memphis Bar Association, has awarded an $8,000 grant to The Exchange Club Family Center in support of its mission to advocate and support public awareness of the legal system and promote social justice and legal education. The center will use the money to support supervised visitation services, which allow children a supervised location for visitation with non-residential parents. The Memphis Daily News reported the award.

Kentucky court says lethal injection procedures improperly adopted
Kentucky failed to comply with the state's Administrative Procedures Act in adopting its three-drug lethal injection protocol, the state's Supreme Court ruled today. The ruling does not challenge the technique of using three drugs to put inmates to death -- a protocol that was upheld in the nation's highest court and is used by dozens of other states -- but it may delay execution dates for three condemned inmates.
Read more from
Legislative News
Special session could look at workers comp
Republican leader Jason Mumpower alerted his members this week that they could be in special session shortly before Christmas in order to consider a delay in implementation of workers' compensation legislation that affects sole proprietors. Lt. Gov. Ron Ramsey, however, today said he is not interested in a special session, which could cost an estimated $93,000.
Read more from the Tennessean's In Session blog
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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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