New T.C.A. volume has error about insurance agreements

The Tennessee Bar Association has learned that the new Volume 1 of Tennessee Court Rules Annotated, published by Lexis Nexis -- arriving in law offices this week as part of the T.C.A. subscription -- contains a significant editorial error suggesting that insurance agreements are now discoverable under TRCP 26.02(2). This is not correct. The proposed amendment to make insurance discoverable was subject to separate approval resolutions (SR177, HR234), which were not adopted by the General Assembly. Under T.C.A. Section 16-3-404, proposed rules shall not take effect until approved by resolutions of both houses.
TODAY'S OPINIONS
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SUPREME COURT DISCRETIONARY APPEALS Grants & Denials List

Court: TSC

http://www.tba2.org/tba_files/TSC/2010/certlist_071210.pdf


RUBY E. AUSTIN v. GENLYTE THOMAS GROUP, LLC ET AL.

Court: TWCA

Attorneys:

Frederick R. Baker and Margaret L. Noland, Cookeville, Tennessee, for the appellants, Genlyte Thomas Group, LLC and Travelers Indemnity Company.

D. Russell Thomas and Herbert M. Schaltegger, Murfreesboro, Tennessee, for the appellee,

Judge: KURTZ

Employee alleged that she sustained a compensable injury to her back. Employer referred her to a physician who opined that her condition was not work-related, and her claim was thereafter denied. After trial, the court found that Employee's condition was compensable and awarded 65% permanent partial disability to the body as a whole and temporary total disability benefits. Employer has appealed, contending that the evidence preponderates against the trial court's finding that a compensable injury occurred, or alternatively in ordering payment of temporary total disability benefits. We modify the award of temporary total disability benefits but otherwise affirm the judgment.

http://www.tba2.org/tba_files/TSC_WCP/2010/austinr_071210.pdf


SHIRLEY ANN ATKINSON, ADMINISTRATOR OF THE ESTATE OF ROBERT LEE PATTEE, JR., DECEASED v. STATE OF TENNESSEE

Court: TCA

Attorneys:

David L. Raybin and Sarah Richter Perky, Nashville, Tennessee, for the appellant, Shirley Ann Atkinson.

Robert E. Cooper, Jr., Attorney General and Reporter, Michael E. Moore, Solicitor General, and Mark A. Hudson, Senior Counsel, for the appellee, State of Tennessee.

Judge: FARMER

This is an appeal from the Tennessee Claims Commission. The claimant/appellant alleged that state employees or their agents negligently caused the death of her fiance', who committed suicide while incarcerated at the Lois M. DeBerry Special Needs Facility in Nashville, Tennessee. The Commission determined the claimant was not entitled to recover because she failed to produce expert testimony to establish the standards of care by which to judge the conduct of the prison officials and mental health professionals allegedly responsible for the care, custody, and control of the deceased. Because the Commission correctly determined that the claimant is unable to prove a breach of duty without expert evidence to establish the applicable standards of care, we affirm.

http://www.tba2.org/tba_files/TCA/2010/atkinsons_071210.pdf


JENNIFER BIVINS ET AL. v. CITY OF MURFREESBORO

Court: TCA

Attorneys:

William Gary Blackburn and Malcolm Leonard McCune, Nashville, Tennessee, for the appellant, Jennifer Bivins.

Richard W. Rucker, Murfreesboro, Tennessee, for the appellee, City of Murfreesboro.

Judge: BENNETT

Brandon Bivins died in an automobile accident on South Rutherford Boulevard in Murfreesboro. His mother sued the city, claiming that the road was unsafe or dangerous and that the city had notice of the condition of the road. The trial court held that the city did not have notice of an unsafe or dangerous condition at the spot of the accident. Because the city had notice of prior accidents along that segment of the road and had a consultant's report stating that the road did not meet design guidelines, we reverse the trial court and remand for a determination of whether the road was unsafe or dangerous.

http://www.tba2.org/tba_files/TCA/2010/bivinsj_071210.pdf


APRIL MICHELLE BRADY v. COLIN ASHLEY BRADY

Court: TCA

Attorneys:

Michael D. Cox, Columbia, Tennessee, for the appellant, Colin Ashley Brady.

S. Jason Whatley, Columbia, Tennessee, for the appellee, April Michelle Brady.

Judge: DINKINS

Father appeals trial court finding of substantial and material change in circumstances and resulting modification of parenting plan. Finding no error, we affirm the judgment.

http://www.tba2.org/tba_files/TCA/2010/bradya_071210.pdf


JOHN DOE v. ROBERT E. COOPER, JR., AS ATTORNEY GENERAL FOR STATE OF TENNESSEE

Court: TCA

Attorneys:

Brent Horst, Nashville, Tennessee, for the appellant, John Doe.

Robert E. Cooper, Jr., Attorney General and Reporter; Michael E. Moore, Solicitor General; and Lyndsay Fuller Sanders, Assistant Attorney General, for the appellee, State of Tennessee.

Judge: CLEMENT

This is a declaratory judgment action in which Petitioner challenges as unconstitutional the retroactive application of the Tennessee Sexual Offender Registration, Verification, and Tracking Act of 2004. Petitioner was convicted of five counts of indecent exposure in 2001when the Sexual Offender Registration and Monitoring Act of 1994 was in effect. The 1994 Act did not classify indecent exposure as a "sexual offense." Three years after his convictions, the Tennessee Sexual Offender Registration, Verification, and Tracking Act of 2004 became law. Unlike the prior Act, the Act of 2004 classified persons convicted of "at least 3 indecent exposure offenses" as "sexual offenders," it required all persons classified as "sexual offenders" to register with the sex offender registry, and it prohibited sexual offenders whose victims were minors from working or residing within 1,000 feet of a school, child care facility, or public park. The trial court made the determination the 2004 Act was part of a non-punitive regulatory framework that did not constitute punishment and the retroactive application of the 2004 Act to Petitioner was not unconstitutional. Petitioner established standing to challenge the classification, registration and employment restraint provisions of the Act of 2004 as applied to him, and we have determined that the 2004 Act, as applied to Petitioner, is not unconstitutional. Accordingly, we affirm the trial court.

http://www.tba2.org/tba_files/TCA/2010/doej_071210.pdf


DICKSON HOUSING AUTHORITY v. IDA PEARL GRIMES, ET AL.

Court: TCA

Attorneys:

David Kozlowski, Columbia, Tennessee, for the appellants, Ida Pearl Grimes and Billy Grimes.

Joseph M. Barrett and Steven J. Herbert, Dickson, Tennessee, for the appellee, Dickson Housing Authority.

Judge: FARMER

The circuit court entered judgment in favor of Plaintiff Dickson Housing Authority in this eviction action. Finding the trial court admitted no evidence which would support the Housing Authority's allegations of amounts earned by Defendant tenant, we reverse.

http://www.tba2.org/tba_files/TCA/2010/grimesi_071210.pdf


CHERYL LINGENFELTER KING v. MONTE JOE KING

Court: TCA

Attorneys:

Monte Joe King, Franklin, Tennessee, Pro Se.

Joshua Lee Rogers, Franklin, Tennessee, for the appellee, Cheryl Lingenfelter King.

Judge: BENNETT

In this post-divorce custody dispute, father asserts that the trial court erred in denying his petition to change custody and in granting mother's petition to relocate. We have concluded that the evidence does not preponderate against the findings of the trial court, and we affirm the decision of the trial court.

http://www.tba2.org/tba_files/TCA/2010/kingc_071210.pdf


BETTS NIXON v. CITY OF MURFREESBORO

Court: TCA

Attorneys:

Van French, Murfreesboro, Tennessee, for the appellant, Betts Nixon.

James L. Weatherly, Jr., Nashville, Tennessee, for the appellee, City of Murfreesboro.

Judge: BENNETT

City employee brought suit to challenge her dismissal for violation of the city's drug and alcohol policy. The trial court affirmed the decision of the city's disciplinary review board. The employee argues that the decision of the disciplinary review board should be reviewed de novo, that the city is estopped by its actions from relying on the blood alcohol test results and from terminating her employment, that she was denied due process by the actions of the city manager and the disciplinary review board, that the city abused its discretion, and that the city's decision is not supported by substantial and material evidence. We have concluded, as did the trial court, that the decision of the disciplinary review board is properly reviewable under the standards set forth in the Uniform Administrative Procedures Act. Under those standards, we affirm the trial court's decision.

http://www.tba2.org/tba_files/TCA/2010/nixonb_071210.pdf


TECO BARGE LINE, INC. , N/K/A U. S. UNITED BARGE LINE, LLC v. JUSTIN P. WILSON, TENNESSEE COMPTROLLER OF THE TREASURY, ET AL.

Court: TCA

Attorneys:

Everett B. Gibson and Joni K. Roberts, Memphis, Tennessee, for the appellant, TECO Barge Line, Inc. n/k/a U.S. United Barge Line, LLC.

Robert E. Cooper, Jr., Attorney General and Reporter, Michael E. Moore, Solicitor General, Mary Ellen Knack, Senior Counsel, for the appellees, Tennessee Comptroller of the Treasury and the Assessment Appeals Commission of the State Board of Equalization.

Judge: DINKINS

Taxpayer, an interstate water transportation carrier company operating boats and barges over various waterways including the Mississippi and Tennessee Rivers, was assessed an ad valorem tax on personal property for the tax year 2005. Taxpayer appealed the assessment to the State Board of Equalization. Following the filing of Taxpayer's appeal, Taxpayer was retroactively assessed for the two tax years immediately preceding the original assessment, 2003 and 2004. Taxpayer appealed these assessments as well as assessments in subsequent tax years 2006, 2007 and 2008. A hearing was held before an Administrative Law Judge, who upheld both the regular as well as the retroactive assessments. Taxpayer appealed to the State Board of Equalization Assessment Appeals Commission and, following a hearing, the Commission affirmed the ALJ's decision. Taxpayer appeals; we affirm in part and reverse in part.

http://www.tba2.org/tba_files/TCA/2010/tecobarge_071210.pdf


Contracts for Home Stabilization Following Damage from Vertical Settlement

TN Attorney General Opinions

Date: 2010-07-12

Opinion Number: 10-85

http://www.tba2.org/tba_files/AG/2010/ag_10_85

TODAY'S NEWS

Legal News
Election 2010
Disciplinary Actions
TBA Member Services

Legal News
Echols to practice with Bass, Berry & Sims
The Hon. Robert L. Echols, former chief judge of the U.S. District Court of the Middle District of Tennessee, will join the Nashville office of Bass, Berry & Sims PLC as a member following his retirement from the bench on July 22. His first day at the firm will be Aug. 2.
The Tennessean has the story
Happy birthday, Mr. Bass
Nashville lawyer James O. Bass Sr. is 100 years old today. The law firm he joined after graduating from Harvard Law School in 1934 -- Bass, Berry & Sims -- was co-founded by his father in 1922. Bass talks with NashvillePost.com about his life as a lawyer, including his role in dealing with racial integration in Nashville and his short stint in the General Assembly.
Read the story
Economics doesn't keep people from law school
Job statistics in the legal world may look grim, but law school applications still increased by 7 percent over last year, according to the Law School Admissions Council (LSAC). Although there will likely be fewer entry level jobs at law firms, it's not as crazy as it seems. "It's absolutely consistent with every recession we've seen, with more people looking to graduate programs and into law school," said Jim Leipold, the executive director of NALP, formerly the National Association for Law Placement. "Historically, it's not been a bad strategy."
Law.com brings you the National Law Journal story
Holder says he wants to move on with trial, closing Gitmo
U.S. Attorney General Eric Holder said that political posturing has delayed some of the administration's top priorities -- bringing self-proclaimed Sept. 11 mastermind Khalid Sheikh Mohammed to trial and closing the prison and Guantanamo Bay.
See the interview on CBS's "Face the Nation"
O'Connor works to make civics more like play
Retired U.S. Supreme Court Justice Sandra Day O'Connor and a Wisconsin-based company have created video games that promote knowledge about government. The games include one that involves the operation of a fictional law firm, and another that casts players as attorneys arguing landmark court cases. Others teach about the three branches of government, the legislative process and democracy.
Check it out at icivics.org
Sotomayor memoir to be in English and Spanish
U.S. Supreme Court justice Sonia Sotomayor is writing a memoir that will cover her childhood in the South Bronx to her appointment to the court last year. Knopf Doubleday Publishing Group said today that the book is not yet titled and has no release date set. The book will come out simultaneously in English and in Spanish. The Associated Press announced the news.

Zagorski asks for more time
Counsel for Edmund Zagorski requested today a 30-day extension, until Aug. 16, within which to file Zagorski's response to last week's motion to set his execution date. The motion points out that the state does not have an opposition to the extension.
The AOC has the filings
Election 2010
Televised gubernatorial debate tonight
WSMV-TV and Belmont University have partnered to present two commercial-free debates preceding the election of Tennessee's next governor -- one debate prior to this summer's statewide primary and another before the fall general election. The first is tonight at 7 p.m., Central time.
NashvillePost.com gives the pre-debate analysis
Read their lips
Tennessee's four major gubernatorial candidates say they are weighing tax cuts in areas ranging from the inheritance tax to assessments on small business. But they have all said they will not raise taxes, if elected.
The Times Free Press has more
Editorial: Haslam is best choice
Knoxville's newspaper made it official today, endorsing the city's mayor, Bill Haslam, for the Republican nominee for governor.
Read the editorial in the News Sentinel
Disciplinary Actions
Knoxville attorney reinstated
Knoxville attorney Keith A. Pope has been reinstated to the practice of law by order of the Tennessee Supreme Court entered July 8. Pope was temporarily suspended from the practice of law by Order of the Supreme Court on June 2, 2010, for posing a threat of substantial harm to the public.
Download the BPR news release
Chattanooga lawyer censured
On June 16, Fred T. Hanzelik of Chattanooga was censured, suspended for 30 days and ordered to pay restitution to a client by the Tennessee Supreme Court pursuant to Rule 9, Section 4.1, of the Rules of the Supreme Court.
Download the BPR news release
TBA Member Services
TBA expands insurance services for members
The TBA Member Insurance Solutions Program has been expanded to offer assistance to members in meeting their health, life, disability and other insurance needs. Working with Graham Swafford III of Capital Financial Group, the TBA is now able to provide members with exclusive benefits, personalized service, and pricing discounts. Services and products offered include: disability income insurance, business overhead expense insurance, group life, long-term and short-term disability income insurance, long-term care insurance, and group health, dental and vision insurance along with other employee related benefits.
Learn more about TBA Insurance Solutions now

 
 
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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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