Memphis bar elects officers, honors members

Memphis Bar Association President Art Quinn transferred the gavel to incoming President Ricky E. Wilkins at the MBA's annual meeting last week. John Cannon and Gary K. Smith automatically succeeded to the positions of vice president and treasurer, respectively. Linda Warren Seely was announced as the 2010 secretary. New board members include: Sherry Brooks, Frank Cantrell, Elizabeth Collins, Craig Conley, Porter Field, Michael Fletcher, Odell Horton Jr., Lisa Kelly, Steve Ragland, Van Turner and Kyle Wiggins (YLD president). Section Representatives to the MBA in 2010 will be Steve Shields, Jennifer Sisson and Laurel Williams.

The Judge Jerome Turner Lawyer's Lawyer Award was presented to Blanchard E. Tual of Tual Graves PLLC; the Sam A. Myar Jr. Memorial Award was presented jointly to Amy Webb Martin of The Landers Firm and Bobby F. Martin Jr. of The Cochran Firm; and Chief Justice Janice M. Holder accepted the W.J. Michael Cody Pro Bono Attorney of the Year Award from Memphis Area Legal Services Inc., on behalf of the Tennessee Supreme Court.
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Court: TSC


Robert W. Horton and Leslie Goff Sanders, Nashville, Tennessee, for the appellants, Cracker Barrel Old Country Store, Inc. and Paul Ludovissie.

Douglas B. Janney III, Nashville, Tennessee, for the appellee, Julie A. Bellamy.

Judge: LEE

The Applicants, Cracker Barrel Old Country Store, Inc., and Paul Ludovissie ("Cracker Barrel" and "Mr. Ludovissie"), have filed an application for permission to appeal pursuant to Rule 11 of the Tennessee Rules of Appellate Procedure. Upon consideration of the application and the record before us, we hereby grant the application, summarily vacate the Court of Appeals' judgment, and remand the case to the Court of Appeals. Further, the Court of Appeals shall direct the trial court to resolve the conflicts in the parties' statements of the proceedings and certify and transmit a supplemental record to the Court of Appeals. See Tenn. R. App. P. 24(c), (e).1

HOLDER dissenting


Court: TSC


Court: TSC


Emily H. Thompson and John William Baker, Jr., Knoxville, Tennessee, for the appellant, CSX Transportation, Inc.

Carol Morris Ballard and Michael Alan Anderson, Chattanooga, Tennessee, for the appellee, Charles D. Mills.


The plaintiff railroad worker filed an action under the Federal Employers Liability Act alleging that the defendant railroad company violated its duty to provide a reasonably safe workplace during an off-site meeting by failing to anticipate that a stairway defect or debris on the stairway constituted a tripping hazard. The railroad company filed a motion for summary judgment arguing that the plaintiff was not within the scope of his employment when he fell, that he cannot prove that the railroad breached its duty under the Federal Employers Liability Act to provide a reasonably safe workplace, and that he cannot prove causation. The trial court granted the railroad company's motion for summary judgment. The Court of Appeals reversed, holding that the trial court erred in its application of Tennessee's summary judgment standard. We affirm the intermediate appellate court's judgment and hold that the railroad company's summary judgment motion fails to shift the burden of production to the plaintiff and, alternatively, that the plaintiff states a genuine issue of material fact. We remand the case to the trial court for further proceedings consistent with this opinion.


Court: TCA


Jon S. Jablonski, Nashville, TN, for Appellant

Virginia L. Story, Franklin, TN, for Appellee


Upon the parties' divorce, Husband was ordered to pay transitional alimony. Based on Wife's remarriage, and thus, cohabitation, Husband filed a petition to terminate his alimony obligation. The trial court found that Wife had rebutted the statutory presumption that either she was supporting the third person or that the third person was supporting her, such that she no longer needed the alimony awarded. We affirm the trial court's denial of Husband's petition to terminate alimony, as well as its denial of Wife's request for attorney fees at trial. However, we award Wife her attorney fees incurred on appeal.


Court: TCA


M. Matthew Milligan, Franklin, TN, for Appellant

Thomas F. Bloom, Nashville, TN; Mary Catherine Kelly, Franklin, TN, for Appellees


This appeal involves a petition filed by a mother and father seeking to be named co-conservators for their adult daughter. The daughter is highly intelligent and educated, but according to the testimony of five physicians, she suffers from mental illness. The trial court appointed the mother and father co-conservators of the daughter's property and person. The daughter appeals. We affirm.


Court: TCA


Deborah S. Godwin, Memphis, Tennessee, for the Appellant, Jason Morris.

Gerald L. Thornton, Memphis, Tennessee, for the Appellee, City of Memphis Civil Service Commission.


This is an appeal from the decision of the Civil Service Commission of the City of Memphis, upholding the decision to terminate Appellant, Jason Morris' employment with the Memphis Police Department. We find that the Civil Service Commission failed to make the required findings of fact and conclusions therefrom. Accordingly, it is impossible for this Court to review the case based on the record before it. Therefore, we vacate the order of the Chancery Court and remand for further proceedings in accordance with this opinion.


Court: TCCA


Michael A. Colavecchio, Nashville, Tennessee, for the appellant, Corey Danielle Wellman.

Robert E. Cooper, Jr., Attorney General and Reporter; Lacy Wilber, Assistant Attorney General; Victor S. Johnson III, District Attorney General; and Hugh Ammerman, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: WITT

A Davidson County Criminal Court jury convicted the defendant, Corey Danielle Wellman, of one count of possessing with intent to sell .5 grams or more of cocaine, one count of possession of drug paraphernalia, one count of attempted felony possession of a weapon, and one count of introducing contraband into a penal facility. The defendant appeals his convictions, maintaining that the trial court erred in denying his motion to suppress evidence that he argues resulted from an illegal search. The defendant also challenges the sufficiency of evidence for all his convictions except for his introducing contraband into a penal facility conviction. We hold that the defendant has waived his suppression issue. We affirm the judgments of the trial court regarding his drug and drug paraphernalia convictions, and we reverse his attempted felony possession of a weapon conviction, and dismiss that charge.


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It's not all bad news: BPR looking to hire
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The TBA Law Office Technology & Management Section has purchased a collection of resource materials to be added to the TBA Lending Library for use by all members. Those materials include:

-- Letters for Litigators: Essential Communications for Opposing Counsel, Witnesses, Clients and Others
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-- The 2009 Solo & Small Firm Legal Technology Guide: Critical Decisions Made Simple
-- The Lawyer's Guide to Adobe Acrobat, Third Edition (Covers Adobe Acrobat 8.0)
-- The Lawyer's Guide to Collaboration Tools & Technologies: Smart Ways to Work Together + CD-ROM Supplement
-- The Lawyer's Guide to Governing Your Firm
-- The Lawyer's Guide to Marketing on the Internet, Third Edition
-- The Lawyer's Guide to Microsoft Excel 2007
-- The Lawyer's Guide to Microsoft Outlook 2007
-- The Lawyer's Guide to Practice Management Systems Software, Second Edition

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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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