Court ends term with decision on guns, farewell to Stevens

The U.S. Supreme Court held today that Americans have the right to own a gun for self-defense anywhere they live, expanding the conservative court's embrace of gun rights. It was one of several decisions on its final day before a three-month recess, as the court also ruled that a public law school can legally deny recognition to a Christian student group that won't let gays join, agreed to review an employer sanctions law from Arizona, and said farewell to Justice John Paul Stevens, who is retiring after more than 34 years. Read about the historic morning from the National Law Journal.

Senate Judiciary Committee hearings for U.S. Supreme Court nominee Elena Kagan, who is nominated to replace Stevens, also began this afternoon. Listen to the hearing on C-SPAN and learn more about today's progress from ABAJournal.com.
TODAY'S OPINIONS
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SUPREME COURT DISCRETIONARY APPEALS

Court: TSC

http://www.tba2.org/tba_files/TSC/2010/certlist_062810.pdf


MICHAEL HALL v. AM COMP ASSURANCE CORPORATION

Court: TWCA

Attorneys:

William F. Kendall, III and Hailey H. David, Jackson, Tennessee, for the appellant, Am Comp Assurance Corporation.

David Hardee, Jackson, Tennessee, for the appellee, Michael Hall.

Judge: ALISSANDRATOS

Pursuant to Tennessee Supreme Court Rule 51, this workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel for a hearing and a report of findings of fact and conclusions of law. Michael Hall ("Employee") alleged that he sustained compensable injuries as a result of repetitive use of his hands and arms in the course of his employment as a butcher for Latham's Meat Company ("Employer"). Employer denied that he had sustained a compensable injury. In the alternative, it alleged that Employee's injuries had been caused by his part-time work for a second employer. The trial court found that Employee had sustained compensable injuries to his arms and that Employer was liable for workers' compensation benefits arising from those injuries. It awarded 22.5% permanent partial disability ("PPD") to both arms. On appeal, Employer contends that the trial court erred by finding that a compensable injury occurred and by finding that Employee sustained permanent disability as a result. We affirm the judgment.

http://www.tba2.org/tba_files/TSC_WCP/2010/hallwc_062810.pdf


LARA L. BATTLESON v. DEAN L. BATTLESON

Court: TCA

Attorneys:

Douglas R. Beier, Morristown, Tennessee, for the appellant, Dean L. Battleson.

Thomas C. Jessee, Johnson City, Tennessee, for the appellee, Lara L. Battleson.

Judge: SUSANO

Approximately 29 months after the parties' divorce became final, Lara L. Battleson ("Wife") filed a motion in the trial court asking that Dean L. Battleson ("Husband") be held in contempt because of his failure to pay child support. Wife served a copy of the motion and notice of hearing on Douglas R. Beier ("Counsel"), the attorney who had represented Husband in the divorce action. Counsel filed a motion to dismiss supported by an affidavit stating that he no longer represented Husband and that his mail to Husband had been returned undeliverable. The trial court found that service on Counsel was sufficient. As a consequence of this ruling, the court denied Counsel's motion to dismiss; it also granted the motion for contempt. Husband appeals. We vacate the trial court's judgment of contempt and remand for further proceedings.

http://www.tba2.org/tba_files/TCA/2010/battlesonl_062810.pdf


CALVIN BENN v. PUBLIC BUILDING AUTHORITY OF KNOX COUNTY, ET AL.

Court: TCA

Attorneys:

Brent R. Watson and Louis Andrew McElroy, Knoxville, Tennessee, for the appellant, Calvin Benn.

William S. Lockett, Jr. and Daniel A. Sanders, Knoxville, Tennessee, for the appellee, Knox County.

Judge: MCCLARTY

Plaintiff slipped off the sidewalk while removing trash during the course and scope of his employment with Knox County. Plaintiff sustained injuries to his hip and shoulder as a result of his fall. He then filed suit pursuant to the Government Tort Liability Act. After a bench trial, the trial court found that Plaintiff failed to prove constructive notice by a preponderance of the evidence and entered a judgment in favor of Defendants. Plaintiff appeals. We affirm.

http://www.tba2.org/tba_files/TCA/2010/bennc_062810.pdf


JAMES ERWIN v. TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA

Court: TCA

Attorneys:

Larry V. Roberts, Kingsport, Tennessee, for the appellant, James Erwin.

Joseph L. Broy, Germantown, Tennessee, for the appellee, Travelers Property Casualty Company of America.

Judge: FRANKS

Plaintiff recovered a judgment in this medical malpractice action, and during the pendency of the case the workers compensation carrier for plaintiff's employer intervened asserting its subrogation interest in any recovery due to its having paid the medical bills plaintiff incurred as a result of his injuries. The Trial Court awarded attorney's fees and expenses to plaintiff's attorney and plaintiff has appealed, arguing that the Trial Court failed to make an adequate award. On appeal, we affirm the Judgment of the Trial Court.

http://www.tba2.org/tba_files/TCA/2010/erwinj_062810.pdf


IN RE MADISON N.J.M.

Court: TCA

Attorneys:

Brandy Boyd Slaybaugh, Knoxville, Tennessee, for the appellant, L.R.

Wayne Decatur Wykoff, Knoxville, Tennessee, for the appellee, C.A.M.

Judge: SUSANO

This is a case involving the custody of a minor child, Madison N.J.M. ("the Child"). The Child lived with her mother, K.S. ("Mother"),1 until she was four. After the Child was adjudicated dependent and neglected, she was placed in the temporary custody of her maternal grandmother, L.R. ("Grandmother"). Grandmother later sought permanent custody. A paternity suit was filed and it was ultimately determined that C.A.M. ("Father") is the Child's biological father. Soon after paternity was established, Father entered into a mediated agreement which provided that Grandmother would remain as the Child's primary caregiver with parenting time for Father. A final order adopting the terms of the mediated agreement was entered and Grandmother was granted custody of the Child. Father actively pursued a parental relationship and increased time with the Child; he later sought full custody. Following a bench trial, the juvenile court ordered a change of custody from Grandmother to Father based upon its finding of a material change in circumstances and its determination that custody with Father is in the best interest of the Child. On appeal de novo to the trial court, the judgment was affirmed. Grandmother appeals. We also affirm.

http://www.tba2.org/tba_files/TCA/2010/madisonnjm_062810.pdf


JERRY ROBERTSON, A/K/A JERE ROBERTSON, v. CLARA ROBERTSON HODGES, ET UX., ET AL.

Court: TCA

Attorneys:

Onnie Winebarger, Byrdstown, Tennessee, for the appellant, Jerry Robertson, a/k/a Jere Robertson.

Jeffrey R. Murrell and James H. Ripley, Sevierville, Tennessee, for the appellees, Clara Robertson Hodges, et vir., et al.
Lars E. Schuller, Knoxville, Tennessee, for the appellees, Branch Bank and Trust Company and BB&T Collateral Service Corporation.

Judge: FRANKS

In this action plaintiff asked the Court to declare that he had an interest in property which he inherited by will, and for a partition and sale of the land. The Trial Court determined that plaintiff was judicially estopped to claim an interest in the land and dismissed the action. On appeal, we affirm the Judgment of the Trial Court.

http://www.tba2.org/tba_files/TCA/2010/robertsonj_062810

MCCLARTY DISSENTING
http://www.tba2.org/tba_files/TCA/2010/robertsonj_dis_062810.pdf


IN RE ESTATE OF BILLY JOE STRICKLAN

Court: TCA

Attorneys:

Barry K. Maxwell and W. Holt Smith, Madisonville, Tennessee, for the appellant, Reed Stricklan.

J. Lewis Kinnard, Madisonville, Tennessee, for the appellee, Teresa Diane Stricklan Coleman.

Judge: MCCLARTY

This appeal involves contested wills and a settlement agreement involving minors. After the death of Billy Joe Stricklan ("Decedent"), his daughter, Teresa Diane Stricklan Coleman1 ("Daughter"), filed two wills for Probate. Finding the first will valid would result in the entirety of Decedent's estate being awarded to Daughter, while finding the second will valid would result in the estate, minus $100 to Daughter, being divided among Decedent's great- grandchildren. After the Probate Court certified the case to Circuit Court for a will contest, Daughter and the guardian ad litem for the great-grandchildren negotiated a settlement. These parties obtained the Probate Court's approval of the settlement over the objection of the proponent of second will, Decedent's brother, Reed Stricklan ("BrotheR"). The Probate Court also ordered a partial distribution of the cash assets now held in the estate to Daughter. Brother appeals. We vacate the settlement order.

http://www.tba2.org/tba_files/TCA/2010/stricklanbj_062810.pdf


TODAY'S NEWS

Legal News
Politics
Passages
Upcoming
Disciplinary Actions
TBA Member Services

Legal News
Court reporter licensing deadline approaching
All court reporters practicing in Tennessee civil courts must be licensed by the Tennessee Board of Court Reporting by July 1. Licensure is not required for court reporters working in federal court or in state criminal courts. Detailed information about registering is available on the AOC's web site. Those with questions should contact Debbie Hayes or Aaron Conklin at (615) 741-2687. In related news, the Board of Court Reporting met today to review comments about its rule-making process.

Herenton may benefit from Supreme Court ruling
A ruling handed down Thursday from the U.S. Supreme Court might affect the corruption investigation of former Memphis Mayor Willie Herenton. His lawyer says the decision that limits the use of anti-fraud laws has eliminated the chance his client will be prosecuted over a land deal.
The Commercial Appeal has the story
U.S. Attorney Dedrick ready for retirement
U.S. Attorney Russ Dedrick retires this week after a prosecutorial career spanning more than four decades, with 38 of those spent at the U.S. Attorney's Office. Read more about this lawyer some of his co-workers call "Captain America"
in the News Sentinel.
Politics
Congressional candidate denounces proposed mosque as threat
Lou Ann Zelenik, a former chair of the Rutherford County Republican Party and a candidate to replace U.S. Rep. Bart Gordon in Congress, says she supports opponents of a proposed mosque in Rutherford County. In a statement released this afternoon, Zelenik says the mosque plan is a threat to America's "Judeo-Christian tenets." She says American Muslums have not separated themselves from "their evil, radical counterparts" and that until they "find it in their hearts" to do so, "we are not obligated to open our society to any of them."
Find out more about the controversy from the Tennessean
Passages
Martin Ginsburg dies
Martin Ginsburg, the husband of Supreme Court Justice Ruth Bader Ginsburg and a prominent lawyer in his own right, died Sunday from complications of metastatic cancer. He was 78.
WRCB-TV carried this AP story
Upcoming
Toobin's new book studies Obama and Court
Jeffrey Toobin, who examined the inner workings of the U.S. Supreme Court in his best-seller "The Nine," probes the court under the Obama administration in a new book, "The Oath: The Secret Struggle for the Supreme Court." Doubleday announced today that it will be published in 2012.
WRCB-TV carried this AP story
Disciplinary Actions
Memphis attorney censured
On June 21, James W. Hodges of Memphis was publicly censured by the Tennessee Supreme Court after submitting a conditional guilty plea for violating the Rules of Professional Conduct by failing to diligently represent and communicate with a client.
Download the BPR news release
TBA Member Services
Ship directly from Microsoft Office Outlook with FedEx QuickShip
Now you can ship your FedEx packages directly from the Microsoft Office Outlook application -- and save money doing it. It's a fast and convenient way to easily access some of the most popular features on fedex.com using Microsoft technology. That's why you should Think FedEx First.
Take advantage of your member discounts on select FedEx shipping services and FedEx OfficeSM business services

 
 
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