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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Court: TSC


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.


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.

EDUARDO SANTANDER, Plaintiff-Appellee, AMERICAN HOME ASSURANCE CO., Intervenor-Appellant, v. OSCAR R. LOPEZ, Defendant

Court: TCA


David M. Rich, Nashville, Tennessee, for Plaintiff-Appellant, American Home Assurance Company.

R. Steven Waldron, Murfreesboro, Tennessee, for the Plaintiff-Appellee, Eduardo Santander.


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.


Court: TCA


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.


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.


Court: TCA


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.


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.


Court: TCCA


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.

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


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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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