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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.

00 - TN Supreme Court
00 - TN Worker's Comp Appeals
00 - TN Supreme Court - Rules
04 - TN Court of Appeals
00 - TN Court of Criminal Appeals
02 - 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.

COOKEVILLE REGIONAL MEDICAL CENTER AUTHORITY v. CARDIAC ANESTHESIA SERVICES, PLLC, ET AL.

Court: TCA

Attorneys:

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.

Judge: COTTRELL

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.

http://www.tba2.org/tba_files/TCA/2009/cookevilleregional_112509.pdf


MARTIN WILLIAM HUFFMAN v. ANGELA SHAYNE HUFFMAN

Court: TCA

Attorneys:

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

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

Judge: BENNETT

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.

http://www.tba2.org/tba_files/TCA/2009/huffmanm_112509.pdf


CHERYL L. MONTGOMERY v. STEVEN SILBERMAN

Court: TCA

Attorneys:

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

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

Judge: DINKINS

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.

http://www.tba2.org/tba_files/TCA/2009/montgomeryc_112509.pdf


IN RE: THE ADOPTION OF T. L. H.

Court: TCA

Attorneys:

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.

Judge: COTTRELL

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.

http://www.tba2.org/tba_files/TCA/2009/tlh_112509.pdf


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

http://www.tba2.org/tba_files/AG/2009/ag_09_180.pdf

Procurement Process Required For Municipal Boards of Education

TN Attorney General Opinions

Date: 2009-11-25

Opinion Number: 09-181

http://www.tba2.org/tba_files/AG/2009/ag_09_181.pdf

TODAY'S NEWS

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 Twitter.com 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 Knoxnews.com
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
TBA Member Services
Health savings accounts now available
The TBA has partnered with First Horizon Msaver Inc. to offer Health Savings Accounts (HSAs) and HSA-qualified health plans for individuals and groups to members. HSAs are tax-advantaged accounts that let you set aside money to pay for current and future medical expenses. For more information, or to obtain an instant quote for an HSA-qualified health plan, call the TBA's dedicated toll-free customer care line at (866) 257-2659 or visit the TBA member web site.
Click here

 
 
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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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