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| Thursday, March 25, 2010 |
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Spanish for lawyers webcast series continues
The Tennessee Bar Association's Spanish for Lawyers webcast series continues April 1 with a session concerning "The Client Interview." Presented jointly by the TBA and the Tennessee Foreign Language Institute, the series is geared to those with little or no Spanish speaking skills who are interested in serving the growing Hispanic population in Tennessee. The five-part series covers: Spanish language skills to improve client communication, cultural tips, working with interpreters, and a brief review of resources for lawyers. Once purchased, each course remains available for review for one year.
Find out more or sign up for one or all of the courses now
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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.
01 - TN Supreme Court
00 - TN Worker's Comp Appeals
00 - TN Supreme Court - Rules
03 - TN Court of Appeals
01 - TN Court of Criminal Appeals
01 - 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.
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STATE OF TENNESSEE v. KEVIN SWIFT
Court: TSC
Attorneys:
Nathan A. Bicks and C. Farris DeBoard, Memphis, Tennessee, for the appellant, Kevin Swift.
Robert E. Cooper, Jr., Attorney General and Reporter; Michael E. Moore, Solicitor General; and J. Ross Dyer, Assistant Attorney General, for the appellee, the State of Tennessee.
Judge: HOLDER
We granted appeal in this case to clarify whether the location of the use of violence or fear is relevant in distinguishing theft from robbery. We hold that the temporal proximity between the taking of property and the use of violence or fear is the sole relevant factor. Applying this analysis to the facts of this case, we conclude that the evidence is insufficient to support the defendant's conviction for aggravated robbery and therefore reverse the
judgment of the Court of Criminal Appeals. The evidence, however, supports a conviction for the lesser included offense of aggravated assault. We therefore vacate the defendant's conviction for aggravated robbery, modify the conviction to aggravated assault, and remand this case to the trial court to conduct a new sentencing hearing.
http://www.tba2.org/tba_files/TSC/2010/swiftk_032510.pdf
EDUARDO SANTANDER, Plaintiff-Appellee, AMERICAN HOME ASSURANCE CO., Intervenor-Appellant, v. OSCAR R. LOPEZ, Defendant
Court: TCA
Attorneys:
David M. Rich, Nashville, Tennessee, for Plaintiff-Appellant, American Home Assurance Company.
R. Steven Waldron, Murfreesboro, Tennessee, for the Plaintiff-Appellee, Eduardo Santander.
Judge: FRANKS
Plaintiff was involved in a motor vehicle accident during the course and scope of his employment. Plaintiff brought a tort action against the driver of the other vehicle, and
subsequently entered into a settlement with his employer and the workers' compensation carrier. Plaintiff then reached a settlement in the tort case, but before Judgment was entered his employer filed a Petition to Intervene in that case, asserting a subrogation lien on the tort recovery. The Trial Judge refused to allow intervention on the grounds that the Petition to Intervene was not timely filed. On appeal, we reverse and remand.
http://www.tba2.org/tba_files/TCA/2010/santandere_032510.pdf
LUTHER THOMAS SMITH v. LESLIE NEWMAN, COMMISSIONER, TENNESSEE DEPARTMENT OF COMMERCE AND INSURANCE
Court: TCA
Attorneys:
John C. Lyell, II, Nashville, Tennessee, for the appellant, Luther Thomas Smith.
Robert E. Cooper, Jr., Attorney General and Reporter, Michael E. Moore, Solicitor General, Laura T. Kidwell, Senior Counsel, and Sarah A. Hiestand, Senior Counsel, for the appellee,
Tennessee Department of Commerce and Insurance.
Judge: DINKINS
Insurance producer, licensed in Tennessee, sold high-value life insurance policies on behalf of an insurance company and, through a premium financing company he controlled, loaned the amount of the first-year premiums on those policies to his policyholders; insurance company paid insurance producer a commission of at least 105% of the first-year premium on the policies he sold. The Commissioner of the Tennessee Department of Commerce and Insurance found that insurance producer was rebating premiums and was engaging in dishonest practices in violation of applicable statutes; insurance producer's license was revoked and he was assessed a fine of $30,000.00. Insurance producer sought judicial review and the trial court affirmed the Commissioner's decision. Finding that the trial court properly applied the standard for reviewing the Commissioner's decision and that the revocation and fine are supported by the evidence, the judgment is affirmed.
http://www.tba2.org/tba_files/TCA/2010/smithl_032510.pdf
CONSTRUCTION CRANE AND TRACTOR, INC. v. WIRTGEN AMERICA, INC.
Court: TCA
Attorneys:
Charles W. Cook, III, Nashville, Tennessee, Jeffrey C. Smith and Emily C. Taube, Memphis, Tennessee, for the appellant, Construction Crane and Tractor, Inc.
Todd E. Panther, Nashville, Tennessee, for the appellant, Wirtgen America, Inc.
Judge: DINKINS
Distributor of road construction equipment sought an injunction and declaratory judgment against the manufacturer of such equipment following the manufacturer's termination of its sales and service agreement with the distributor without cause in accordance with the terms of the agreement. Distributor asserted that such termination violated the Tennessee Dealer Protection Act, Tenn. Code Ann. section 47-25-1301 et seq. The trial court found that the statutory provision prohibiting manufacturers from terminating a dealer's relationship with the manufacturer without cause was inapplicable to the parties because the operative agreement between the parties pre-dated the 1999 amendments to the Tennessee Dealer Protection Act prohibiting such terminations. Distributor appeals. Finding no error, we affirm.
http://www.tba2.org/tba_files/TCA/2010/wirtgenamerica_032510.pdf
KENNETH L. ANDERSON v. STATE OF TENNESSEE
Court: TCCA
Attorneys:
Danny H. Goodman, Jr., Tiptonville, Tennessee, for the appellant, Kenneth L. Anderson.
Robert E. Cooper, Jr., Attorney General and Reporter; David H. Findley, Assistant Attorney General; and C. Phillip Bivens, District Attorney General, for the appellee, State
of Tennessee.
Judge: GLENN
The petitioner, Kenneth L. Anderson, appeals the denial of his petition for post- conviction relief, arguing that he received the ineffective assistance of elbow counsel. After review, we affirm the post-conviction court's denial of post-conviction relief.
http://www.tba2.org/tba_files/TCCA/2010/andersonk_032510.pdf
Requiring Local Education Agencies to Pay Portion of Health Insurance Costs from BEP Funds
TN Attorney General Opinions
Date: 2010-03-25
Opinion Number: 10-36
http://www.tba2.org/tba_files/AG/2010/ag_10_36.pdf
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| TODAY'S NEWS |
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Legal News
Politics
Career Opportunities
Upcoming
TBA Member Services
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| Legal News |
| Some states reworking disclosure laws after court ruling |
| Tennessee is among the states considering new disclosure laws in reaction to
the Supreme Court's landmark ruling earlier this year that loosened restrictions on corporate and union spending in elections. The 5 to 4 ruling explicitly acknowledged that corporations could be required to disclose their spending on political ads and to take responsibility for approving them, much like politicians must do.
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Read more in the Washington Post
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| Palin won't have to produce e-mail account details |
| U.S. Magistrate Judge Clifford Shirley has turned aside nearly all of the requests by Knoxville lawyer Wade Davies, who was asking that Sarah Palin produce documents relative to her private e-mail account.
Davies' client, David Kernell, is charged with illegally accessing the account.
Davies wanted to know more about that e-mail account, including how it was used, who had access to it and whether it was ever cited in reference to public records requests. But under Shirley's order, Palin only will have to produce records showing when she opened and later closed the account at issue. Palin is expected to testify in the case, set for trial April 20. |
The News Sentinel has the details
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| Judge: CIA does not have to release 9/11 detainee info |
| A federal judge has denied -- again -- efforts by the American Civil Liberties Union to force the CIA to release names and documents relating to Sept. 11 detainees who were interrogated harshly.
Judge Alvin K. Hellerstein listened to lawyers for the ACLU and the government for more than an hour yesterday before announcing he had not changed his mind and would issue a written ruling later.
CIA Director Leon Panetta had told the judge in court papers that releasing documents about the agency's terror interrogations would gravely damage national security. |
The First Amendment Center carried this AP story
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| Dismissals of gay service members to be more difficult |
| The military's "don't ask, don't tell" policy is still the law, but now the Pentagon has made it more difficult for the military to dismiss gay service members, announcing changes for investigations and expulsions. |
National Public Radio reports
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| Politics |
| Mumpower says he will not seek reelection |
| State Rep. Jason Mumpower announced today he won't run for reelection. Having served in the legislature for nearly a third of his life, Mumpower said he wants to take the opportunity to "start a new phase of his life" before he turns 40.
Mumpower broke the news to members of the House Republican Caucus this morning and then made it official on the House floor. |
NashvillePost.com reports
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| Stay tuned for Gibbons' announcement |
| Shelby County District Attorney Bill Gibbons has scheduled news conferences Friday in Nashville and Memphis for a "significant update on the status of his gubernatorial campaign." Neither his campaign office nor the prosecutor's office would comment when asked whether he is withdrawing from the four-man Republican gubernatorial primary. |
The Commercial Appeal has the story
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| Career Opportunities |
| IP seeks commercial litigator |
| International Paper Company, located in Memphis, is seeking a commercial
litigator. Responsibilities include handling business, commercial and
personal injury litigation; working with outside counsel; drafting and
filing motions; reviewing paralegal work product; and keeping management
apprised of legal trends. Six to 8 years of general commercial litigation
experience is required and trial experience is a plus. To apply, contact Ann Morgan at
(901) 419-7257 or ann.morgan@ipaper.com.
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Check out the listing on JobLink
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| Upcoming |
| Film shows civil rights movement through its music |
| As Nashville celebrates the 50th anniversary of civil rights sit-ins in the city, the Belcourt Theater is presenting the film, "Soundtrack for a Revolution," which tells the story of the American civil rights movement through its powerful music -- the freedom songs protesters sang on picket lines, in mass meetings, in paddy wagons, and in jail cells as they fought for justice and equality.
The film features new performances of the freedom songs by top artists; archival footage; and interviews with civil rights foot soldiers and leaders, including Congressman John Lewis, Harry Belafonte, Julian Bond, and Ambassador Andrew Young. There are two showings only, on Sunday, April 25 at 2:30 and 6:30 p.m. at the Belcourt. |
Learn more
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| TBA Member Services |
| First Tennessee is TBA's preferred provider |
| First Tennessee has crafted a package of discounts to meet the specific needs of Tennessee Bar Association members. |
Find savings on merchant credit services, checking and savings, financial planning and more
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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.
© Copyright 2010 Tennessee Bar Association
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