Supreme Court Historical Society honors Bredesen, Conte

Nearly 300 lawyers gathered last night at the 5th Annual Tennessee Supreme Court Historical Society (TSCHS) Dinner honoring the Tennessee Supreme Court. The event paid tribute to Gov. Phil Bredesen and First Lady Andrea Conte. Bredesen was honored for his steadfast support for merit selection and retention elections. In his remarks, Bredesen said, he is "a big believer" in the merit selection and retention plan because it provides a good way of maintaining judicial independence along with the needed checks and balances. Bredesen said the plan also avoids the impact of special interest money and reduces the influence of politics on the judicial process. In his parting remarks, Bredesen warned against what he said is growing "narcissism "by public officials.
TODAY'S OPINIONS
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ANA R. PADILLA v. TWIN CITY FIRE INSURANCE COMPANY
With Dissenting Opinion


Court: TSC

Attorneys:

H. Tom Kittrell, Jr. and T.J. Cross-Jones, Nashville, Tennessee, for the appellant, Ana R. Padilla.

Blakeley D. Matthews and Brian W. Holmes, Nashville, Tennessee, for the appellee, Twin City Fire Insurance Company.

Judge: KOCH

This appeal involves the workers' compensation liability of an employer for the unsolved fatal shooting of an employee on the employer's premises. The employee's surviving spouse filed suit in the Chancery Court for Davidson County seeking death benefits under Tennessee's Workers' Compensation Law. Following a bench trial, the trial court denied the widow's claim for workers' compensation benefits. The court concluded that the employee's death was the result of a neutral assault and that the "street risk" doctrine was inapplicable because the employer's premises were not open to the public. On appeal, the Special Workers' Compensation Appeals Panel declined to presume that neutral assaults on an employer's premises were compensable and affirmed the trial court's judgment. We granted the surviving spouse's petition for full court review. Like the Special Workers' Compensation Appeals Panel, we decline to engraft a non-statutory presumption favoring compensability in cases involving neutral assaults on the employer's premises. Accordingly, we affirm the judgment of the Special Workers' Compensation Appeals Panel and the trial court.

http://www.tba2.org/tba_files/TSC/2010/padillaa_100610.pdf

WADE dissenting
http://www.tba2.org/tba_files/TSC/2010/padillaa_DIS_100610.pdf


ALEX LYON & SON SALES MANAGERS AND AUCTIONEERS, INC. v. GREGG BOLES

Court: TCA

Attorneys:

S. Keenan Carter, Nashville, Tennessee, for the appellant, Alex Lyon & Son Sales Managers and Auctioneers, Inc.

Gregg Boles, Murfreesboro, Tennessee, Pro Se.

Judge: BENNETT

Suit was filed for breach of contract. Plaintiff sought summary judgment, which was denied. A trial on the merits followed and the trial court ruled for the defendant. Plaintiff appeals, seeking review of the denial of summary judgment. Since there was a trial on the merits, we cannot review the denial of the summary judgment in this case. We affirm the trial court.

http://www.tba2.org/tba_files/TCA/2010/alexlyon_100610.pdf


LARRY H. COLEMAN v. MATTHEW KISBER, ET AL.
CORRECTION: On page one (1) of the opinion, the spelling of attorney Steven A. Riley's first name has been corrected from "Stephen"


Court: TCA

Attorneys:

Steven A. Riley and James N. Bowen, II, Nashville, Tennessee, for the appellant, Larry H. Coleman.

Robert E. Cooper, Jr., Attorney General and Reporter; Janet M. Kleinfelter, Deputy Attorney General; Joe R. Shirley, Assistant Attorney General; Virginia Barham, Assistant Attorney General for appellees, Matthew Kisber and Reagan Farr.

Judge: STAFFORD

This case involves a petition for access to certain documents pursuant to the Tennessee Public Records Act, Tenn. Code Ann. section 10-7-101 et seq. The Appellees asserted in the trial court, and on appeal, that the documents are confidential and privileged pursuant to the tax information and tax administration information exceptions found in Tenn. Code Ann. section 67-1-1702; pursuant to the "ECD exception" provided in Tenn. Code Ann. section 4-3-730(c); and also pursuant to the Deliberative Process Privilege. The trial court denied the Appellant's petition finding that the ECD exception applied and therefore, held that the documents at issue should remain confidential for five years. The trial court, however, found that the tax information and tax administration information exceptions did not apply and declined to apply a Deliberative Process Privilege. Appellant appealed the trial court's denial of his petition. On appeal, the Appellees assert that the trial court erred in not finding the tax information and tax administration information exceptions applicable and in not applying the Deliberative Process Privilege. After reviewing the record, including the withheld documents, we find that the trial court erred in not finding that the tax information and tax administration information exceptions, as provided in Tenn. Code Ann. section 67-1-1702, applied. Consequently, we affirm the trial court's denial of the Appellant's petition but for different reasoning.

http://www.tba2.org/tba_files/TCA/2010/colemanl_CORR_100610.pdf


FRANKLIN AMERICAN MORTGAGE v. DREAM HOUSE MORTGAGE CORPORATION OF RHODE ISLAND, ET AL. v. FIREMAN & ASSOCIATES, LLP, ET AL.

Court: TCA

Attorneys:

Barry L. Howard, Nathaniel K. Cherry, Nashville, Tennessee, for the appellants, Fireman & Associates, LLP and Robert N. Fireman, Individually and d/b/a Fireman & Associates, LLP.

Dream House Mortgage Corporation of Rhode Island, Pro Se.

Judge: STAFFORD

This appeal involves in personam jurisdiction over an out-of-state defendant. Plaintiff, a Tennessee mortgage company, filed suit against the Appellee herein, a Rhode Island mortgage company, after Plaintiff allegedly suffered injury from a breach of contract on the part of Appellee, stemming from Plaintiff's purchase of a loan from Appellee in the secondary mortgage market. In the posture of plaintiff, Appellee filed a third-party complaint against the Massachusetts lawyer and firm, the Appellants herein, who had underwritten the loan that Appellee ultimately sold to the Tennessee Plaintiff. The lawyer and firm filed a motion in the Tennessee court to dismiss the third-party complaint for lack of personal jurisdiction. The trial court found that Tennessee had personal jurisdiction over the third-party defendant law firm and lawyer, and denied their motion to dismiss. The lawyer and firm appeal. Finding that there are not sufficient contacts with Tennessee, we reverse the trial court's finding of personal jurisdiction, and remand for further proceedings.

http://www.tba2.org/tba_files/TCA/2010/franklinamerican_100610.pdf


KATHY GORDON v. BY-LO MARKETS, INC., D/B/A/ BY-LO #10
With Concurring Opinion


Court: TCA

Attorneys:

Douglas T. Jenkins, Rogersville, Tennessee, for the appellant, Kathy Gordon.

S. Morris Hadden, Kingsport, Tennessee, for the appellee, By-Lo Markets, Inc.

Judge: MCCLARTY

Plaintiff, while delivering pizza to customers in the By-Lo grocery store, slipped and fell. She filed suit against By-Lo, claiming negligence. By-Lo moved for summary judgment and after a hearing on the matter, the trial court entered summary judgment in favor of By-Lo and dismissed the suit. Plaintiff appeals. We affirm.

http://www.tba2.org/tba_files/TCA/2010/gordonk_100610.pdf

SUSANO concurring
http://www.tba2.org/tba_files/TCA/2010/gordonk_CON_100610.pdf


HOOD LAND TRUST v. DENNY HASTINGS ET AL.

Court: TCA

Attorneys:

Jerry E. Farmer, Murfreesboro, Tennessee, for the appellant, Hood Land Trust by Lex Hood, Trustee.

Granville Summer R. Bouldin, Jr., and David Wayne Kious, Murfreesboro, Tennessee, for the appellees, Denny Hastings, Shane Hastings, Denny Hastings Family Limited Partnership #2, Shane Hastings Family Limited Partnership #2.

Judge: BENNETT

The trial court granted the defendants' motion for summary judgment with respect to multiple claims brought by a prospective seller of real property against the prospective buyers. We have concluded that the trial court erred in granting summary judgment for the defendants on the plaintiff's unjust enrichment claim. In all other respects, we affirm the decision of the trial court.

http://www.tba2.org/tba_files/TCA/2010/hoodlandtrust_1000610.pdf


WILLIAM C. KILLIAN v. REBECCA MCMANUS KILLIAN

Court: TCA

Attorneys:

Marvin Bernard Berke and Megan England Demastus, Chattanooga, Tennessee, for the appellant, William C. Killian.

Roger E. Jenne, Cleveland, Tennessee, for the appellee, Rebecca McManus Killian.

Judge: BENNETT

Husband petitioned to reduce or terminate his alimony obligation, and the trial court denied his petition and awarded wife attorney fees. Husband argues on appeal that the trial court erred in denying his petition and in awarding wife attorney fees. We affirm the decision of the trial court in all respects.

http://www.tba2.org/tba_files/TCA/2010/killianw_100610.pdf


IN THE MATTER OF: SHANYA A.A. (d.o.b. 2/17/07), A Child Under Eighteen Years of Age

Court: TCA

Attorneys:

Cicely A. Dickerson, Memphis, Tennessee, for the appellant, Sharon T.A.

Robert E. Cooper, Jr., Attorney General and Reporter, Michael E. Moore, Solicitor General and Elizabeth C. Driver, Senior Counsel, for the appellee, State of Tennessee Department of Children's Services.

Judge: FARMER

This is a termination of parental rights case. The Department of Children's Services ("DCS") obtained custody of the child at issue under the terms of a protective custody order entered shortly after the child's birth. The juvenile court cited the mother's history with DCS and her history of mental illness as the primary reasons supporting removal. DCS developed two permanency plans with the mother designed to address her mental illness and equip her with the parental skills necessary to care for the child. The mother, however, did not carry out her responsibilities under the plans, take her medication as prescribed, or consistently attend critical mental health appointments. DCS accordingly petitioned to terminate the mother's parental rights on multiple grounds. After a hearing that the mother did not attend, the court terminated her parental rights on the grounds of abandonment by willful failure to provide financial support, substantial noncompliance with the responsibilities of the permanency plans, and persistence of the conditions that required the child's removal. The mother appeals, arguing that DCS did not make reasonable efforts to reunite her with the child and did not clearly and convincingly prove grounds for termination. We disagree and affirm the decision of the trial court.

http://www.tba2.org/tba_files/TCA/2010/shanyaa_100610.pdf


Drug Testing Fees

TN Attorney General Opinions

Date: 2010-10-06

Opinion Number: 10-103

http://www.tba2.org/tba_files/AG/2010/ag_10_103.pdf

TODAY'S NEWS

Legal News
Tenn. Supreme Court
U.S. Supreme Court
Upcoming
Congressional News
TBA Member Services

Legal News
Editorials differ on transparency for judicial discipline
An editorial today supports the efforts of a recent Senate study committee, which is looking into the lack of transparency surrounding the Court of the Judiciary's decision-making process. "Expediency should not be the deciding factor as to whether proceedings are public or not," the Tennessean writes. But an editorial in the Paris Post Intelligencer points out that there is a "tight line" to walk with accusations of judges. "It's not an open-and-shut matter. The presiding judge of the Court of the Judiciary said more public scrutiny would make it harder to reach agreement with accused judges on disciplinary actions. That could result in more trials, straining the state's resources," the editorial says, and that "the very existence of an accusation, whether it has merit or not, can be damaging to a career ... Transparency in government is a worthy aim, but it must be pursued with care. The legislature should take a balanced view."

NSL grad, police officer, is new chief in Hendersonville
Leonard "Mickey" Miller, a 33-year veteran of the Metro Nashville Police Department and graduate of the Nashville School of Law, will be the next Hendersonville police chief. He was chosen from a field of 71 candidates representing 24 states.
The Tennessean has more
16 in trouble for selling knock-off Taylor Swift merchandise
Country-pop singer Taylor Swift has prevailed in a Nashville court battle fought out, until recently, entirely in secret. Senior U.S. District Judge Tom Wiseman last week granted Swift an injunction and default judgment against 16 out of the 24 individuals named in a lawsuit she filed in May 2009. All are accused of violating Swift's intellectual property rights by selling "counterfeit" merchandise that bore Swift's name and other trademarks she owns.
NashvillePost.com has more
UT Law hires new reference librarian
Kris Tobin has joined the University of Tennessee College of Law as the new reference librarian. Tobin, who holds a law degree, a master's degree in Library Science and a master's of law in tax, has several years' experience as a reference librarian and a tax attorney. She comes from Roane State, where she was a reference librarian specializing in legal, political and government resources. Tobin's office is Law Library Room 104. She may be reached at ktobin3@utk.edu or (865) 974-0133.

Sale of cookbook to benefit Memphis Area Legal Services
Members of the Memphis legal community have contributed recipes to a new "Cooking Up Justice" cookbook that will be available soon. Proceeds from the sale of the books will go to Memphis Area Legal Services Inc. The cookbook is a project sponsored by Alpha Reporting Corporation. To reserve your copy today, email Karen Byars or call her at (901) 523-8974.

What's your workout routine?
The ABA Journal wants to know how fit you are. What do you do to work a good regular fitness routine into your schedule? Or are you just too busy and skip the workout entirely? You can also see results from previous surveys, such as "Do You Take Your Technology Everywhere?" (47 percent answered "I'm always wired; even the restroom isn't off-limits").
Comment, take the poll and see results
Tenn. Supreme Court
Students to hear oral arguments in two cases
More than 200 high school students from Hickman, Lewis, Perry and Williamson counties will hear oral arguments in two Tennessee Supreme Court cases on Oct. 7, as part of a program designed to educate young Tennesseans about the judicial branch of government. It is part of the SCALES (Supreme Court Advancing Legal Education for Students) project. Participating students and teachers also will join the court for lunch and a brief program where students will be seated at tables with the justices, local judges and attorneys, and city, county and school officials.
Download the court's press release
U.S. Supreme Court
Military funerals, free speech and emotional pain
Today the U.S. Supreme Court looked at First Amendment issues raised by a church's picketing of U.S. service members' funerals and a grieving father who wants it to stop. The church's position is that U.S. deaths in Afghanistan and Iraq are punishment for Americans' immorality, including tolerance of homosexuality and abortion. Members of the Westboro Baptist Church demonstrated during Albert Snyder's son's funeral, carrying signs reading "Thank God for Dead Soldiers" and "God Hates the USA." Snyder wants the Supreme Court to reinstate a lower court's $5 million verdict against the church for intentional infliction of emotional distress and privacy violations. Justice Ruth Bader Ginsburg said the question is whether the First Amendment must tolerate "exploiting this bereaved family." Snyder's attorney said this "is not just a case about speech, but about harassment, targeted harassment of a private person's funeral."
NPR explores
Upcoming
Health Law Forum gets underway tomorrow
Join more than 280 lawyers gathering for TBA's Health Law Forum, Oct. 7-8 in Cool Springs, near Nashville. Now in its 22nd year, the Health Law Forum is recognized as one of the premier health law programs in the country.
Learn more about this year's TBA Health Law Forum
Congressional News
Cohen's love of government started early
U.S. Rep. Steve Cohen, D-Memphis, tells the Daily News about his life-long love of politics and government. When Cohen was 21, he registered to vote, the minimum age to register at the time. On the same day, he filed for office and ran for state representative. "I ran in East Memphis and lost, but I learned something about politics, I learned about government," Cohen said. He then headed to Vanderbilt University Law School and afterward, ran for for constitutional convention delegate in 1976 -- and won.
Read more about his climb from the Daily News
TBA Member Services
Office management resources available for TBA members
The TBA Law Office Technology & Management Section has purchased a collection of resource materials to be added to the TBA Lending Library for use by all members. Those materials include:

-- Letters for Litigators: Essential Communications for Opposing Counsel, Witnesses, Clients and Others
-- Letters for Lawyers: Essential Communications for Clients, Prospects and Others, Second Edition
-- Risk Management: Survival Tools for Law Firms, Second Edition
-- The 2009 Solo & Small Firm Legal Technology Guide: Critical Decisions Made Simple
-- The Lawyer's Guide to Adobe Acrobat, Third Edition (Covers Adobe Acrobat 8.0)
-- The Lawyer's Guide to Collaboration Tools & Technologies: Smart Ways to Work Together + CD-ROM Supplement
-- The Lawyer's Guide to Governing Your Firm
-- The Lawyer's Guide to Marketing on the Internet, Third Edition
-- The Lawyer's Guide to Microsoft Excel 2007
-- The Lawyer's Guide to Microsoft Outlook 2007
-- The Lawyer's Guide to Practice Management Systems Software, Second Edition

Books may be borrowed for up to two weeks. To request a book, please email Sharon Ballinger or call her at (615) 383-7421.


 
 
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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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