Leadership Law class tackles issues in the judiciary

The Tennessee Bar Association's Leadership Law class is in Knoxville today and Thursday for its Issues in the Courts program. The class will meet with members of the state Supreme Court, take part in several educational programs and assist in a public service project at the Wesley House. Producers for the program are Knoxville attorneys Nathan Rowell, Pam Reeves and Jason Long, Chattanooga attorney Chris Varner and Nashville attorney John Tarpley.
TODAY'S OPINIONS
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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.

BARRY I. CHOOK v. TASHAWN N. PIRELA JONES and KENNETH JONES

Court: TCA

Attorneys:

William E. Friedman, Memphis, Tennessee, for the Plaintiff/Appellant, Barry I. Chook.

Forrest R. Jenkins, Germantown, Tennessee, for the Defendant/Appellees, Tashawn N. Pirela Jones and Kenneth Jones.

Darryl D. Gresham and Harry W. Lebair, IV, Memphis, Tennessee for the unnamed Appellee, GEICO Indemnity Company.

Judge: KIRBY

This is an appeal of a discovery matter. The plaintiff was involved in a motor vehicle accident with the defendants. One year and one day after the accident, the plaintiff filed a lawsuit asserting negligence. The complaint sought money damages for damage to property and personal injury. The defendants filed a motion to dismiss based on the statute of limitations. The plaintiff sought extensive discovery of the defendants' personal records. The trial court denied the plaintiff's motion to compel discovery and granted the defendants' motion to dismiss. The plaintiff now appeals. We find that the order from which the plaintiff appeals is not a final judgment. Accordingly, we dismiss the appeal.

http://www.tba2.org/tba_files/TCA/2010/chookb_031710.pdf


WENDELL HARRIS and A.C. HOWELL v. MAURY COUNTY, TENNESSEE

Court: TCA

Attorneys:

Douglas R. Pierce and Drew Farmer, Nashville, Tennessee, for the Defendant/Appellant, Maury County, Tennessee.

L. Bruce Peden, Columbia, Tennessee, for the Plaintiff/Appellees, Wendell Harris and A.C. Howell.

Judge: KIRBY

This appeal involves a change in county retirement benefit plans. The county had to adopt a new retirement plan for its employees. The administrator of the new retirement plan conducted an actuarial study to determine the county's cost to join. The cost for the new plan did not credit employees' years of employment as favorably as the old plan, but had more favorable benefits in other respects. By resolution, the county legislative body appropriated the funds to cover the cost for the new plan determined by the actuarial study. Thereafter, county employees sued the county based on the wording of the resolution, alleging that the county had breached an agreement with them. The trial court found that the resolution created an enforceable contract between the county and the class of plaintiff employees and awarded judgment to the employees. The county appeals. We reverse, finding that the class of plaintiff employees did not rebut the presumption that legislation does not create contractual rights.

http://www.tba2.org/tba_files/TCA/2010/harrisw_031710.pdf


CHAD HOWARD BROOKS v. STATE OF TENNESSEE

Court: TCCA

Attorneys:

Albert J. Newman, Jr., Knoxville, Tennessee, the appellant, Chad Howard Brooks.

Robert E. Cooper, Jr., Attorney General and Reporter; Clarence E. Lutz, Assistant Attorney General; Randall E. Nichols, District Attorney General; Leon Franks, Assistant District Attorney General, for the appellee, the State of Tennessee.

Judge: WOODALL

Petitioner, Chad Howard Brooks, appeals the post-conviction court's dismissal of his post-conviction petition without an evidentiary hearing. After a thorough review we affirm the judgment of the post- conviction court.

http://www.tba2.org/tba_files/TCCA/2010/brooksc_031710.pdf


Establishment of New Specialty Earmarked License Plate Recognizing Catholic Charities

TN Attorney General Opinions

Date: 2010-03-17

Opinion Number: 10-34

http://www.tba2.org/tba_files/AG/2010/ag_10_34.pdf

TODAY'S NEWS

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Passages
Your Practice
TBA Member Services

Legal News
Medical examiner out after drug arrest
Tennessee's Department of Health has terminated its contract with State Medical Examiner Dr. Bruce Levy after his arrest Tuesday on marijuana charges in Mississippi. Levy also has been suspended from his medical examiner position in Nashville, where he has served since 1997.
Read more from the City Paper
Knox attorney charged in misappropriation of funds case
Knoxville attorney John O. Threadgill, already under suspension for misappropriating clients' funds in the early 2000s, now faces a criminal charge in connection with a new set of similar claims. He was arrested Monday on a sealed presentment charging him with felony theft over $60,000.
Read more in the News Sentinel
State Senate confirms Koch, Wootten to TBI commission
The Tennessee State Senate unanimously confirmed Lt. Governor Ron Ramsey's appointment of Supreme Court Justice William Koch and Circuit Court Judge John D. Wootten Jr. to the Tennessee Bureau of Investigation Nominating Commission. The commission is charged with recommending to the governor the top applicants to lead the TBI.
Read more in the Chattanoogan.com
State judicial elections getting more costly, report finds
Money is pouring into judicial campaigns across the country in record amounts, according to a soon-to-be released study by the Brennan Center for Justice at NYU School of Law and the Justice at Stake Campaign. The study found that candidates for state judgeships raised more than $206 million in the past decade, more than double that raised in the 1990s.
ABC News has more on the report
Legal dream team defends Henry V
Should Henry V be held criminally responsible for the mass execution of French prisoners of war after the Battle of Agincourt in 1415? That was the question facing the court at the Shakespeare Theatre Company's annual mock trial yesterday in Washington. A collection of high-profile judges and lawyers argued the case and Supreme Court Justice Ruth Bader Ginsburg presided.
Learn the verdict in the Blog of LegalTimes
Legislative News
Track legislation of interest to Tennessee attorneys
The TBA Action List tracks bills in the General Assembly that the TBA has a direct interest in. This means it has either initiated the legislation, taken a postiion on the bill or has a policy on the issue. The TBA Watch List is a broader list of bills of interest to the Tennessee legal community.
TBA Bill Tracking Service
Passages
Services Saturday for Donaldson
Greenback attorney Craig Donaldson died Tuesday at his home. He was 61. A Princeton, N.J., native, Donaldson served as an attorney with Heiskell Donelson in Memphis and Knoxville, and with Riker Danzig in Morristown, N.J. Services will be Saturday at 11 a.m. at Broadway United Methodist Church in Maryville.

Your Practice
Lawyer's blog offers fashion, etiquette advice
If you ever worry and wonder about what to wear to the office, the fashion and lifestyle blog Corporette offers itself to women as the answer. Attorney Kat Griffin has won over thousands of followers and has been called one of the Top 100 law bloggers by the American Bar Association.
See what Corporette has to say
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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