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| Wednesday, October 27, 2010 |
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Bredesen names new legal counsel
Gov. Phil Bredesen today named Junaid Odubeko as his new legal counsel, replacing Steve Elkins who announced plans to leave the administration earlier this month. Odubeko has served as deputy legal counsel since 2007. Before joining the governor's office, he was an associate at Burch, Porter & Johnson PLLC in Memphis where his practice focused on the areas of civil litigation and municipal law. Odubeko earned his law degree from Vanderbilt University Law School in 2004. He recently completed the Tennessee Bar Association's Leadership Law Program.
Read more from the governor's announcement
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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.
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You can obtain full-text versions of the opinions two ways. We recommend that you download the Opinions to your computer and then
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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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KENNETH RAY FOX, JR. v. KRISTI DANIELLE FOX
Court: TCA
Attorneys:
Michael K. Parsley, Nashville, Tennessee, for the appellant, Kenneth Ray Fox, Jr.
Phillip M. George, Nashville, Tennessee, for the appellee, Kristi Danielle Fox.
Judge: BENNETT
The trial court found Husband guilty of two counts of criminal contempt for violation of a court order. Husband appeals the findings of contempt on the ground that he did not receive
proper notice. The trial court dismissed a third count of criminal contempt without prejudice and allowed Wife to re-file her claim so as to provide Husband with proper notice. We affirm the court's two findings of contempt and reverse its dismissal of the third count of contempt, finding that Husband was given sufficient notice. We remand the matter to the court for a determination of whether Husband violated the order.
http://www.tba2.org/tba_files/TCA/2010/foxk_102710.pdf
TONYA GAGER v. RIVER PARK HOSPITAL
Court: TCA
Attorneys:
James L. Harris, Nashville, Tennessee, for the appellant, Tonya Gager.
C. Eric Stevens and Sarah Lodge Tally, Nashville, Tennessee, for the appellee, River Park Hospital.
Judge: DINKINS
Plaintiff, a nurse practitioner formerly employed by a staffing service and supplied to a hospital emergency department, sued the hospital for retaliatory discharge under Tennessee
common law and the Tennessee Public Protection Act, Tenn. Code Ann. section 50-1-304. The hospital moved for summary judgment, which the trial court granted. Finding no error, we
affirm the judgment of the circuit court.
http://www.tba2.org/tba_files/TCA/2010/gagert_102710.pdf
DAWN LYN TOUSIGNANT GORDON. v. ROBERT FRANK GORDON
Court: TCA
Attorneys:
David S. Haynes, Bristol, Tennessee, for the appellant, Robert Frank Gordon.
Robert D. Arnold, Johnson City, Tennessee, for the appellee, Dawn Lyn Tousignant Gordon.
Judge: SUSANO
In this divorce action, the trial court awarded Dawn Lyn Tousignant Gordon ("Wife") 59% of the marital estate, or approximately $231,100. It also ordered Robert Frank Gordon
("Husband") to pay Wife "permanent spousal support" of $2,200 per month. Husband appeals and challenges both the division of marital property and the court's award of alimony
in futuro. We modify the trial court's division of marital property and its award of alimony. As modified, the trial court's judgment is affirmed.
http://www.tba2.org/tba_files/TCA/2010/gordond_102710.pdf
ROY ODOM v. LISA ODOM
Court: TCA
Attorneys:
Connie Reguli, Brentwood, Tennessee, for the appellant, Roy Odom.
Joanie Lucie Abernathy, Franklin, Tennessee, for the appellee, Lisa Odom.
Judge: BENNETT
Father appeals the denial of his Tenn. R. Civ. P. 60 motion to void an order appointing a parenting coordinator. We find that the appeal is now moot.
http://www.tba2.org/tba_files/TCA/2010/odomr_102710.pdf
HOWARD J. ATKINS v. STATE OF TENNESSEE
Court: TCCA
Attorneys:
Howard J. Atkins, Tiptonville, Tennessee, Pro Se.
Robert E. Cooper, Jr., Attorney General and Reporter; Brent C. Cherry, Senior Counsel; D. Michael Dunavant, District Attorney General; and James W. Freeland, Jr., Assistant District Attorney General, for the appellee, State of Tennessee.
Judge: WILLIAMS
The petitioner, Howard J. Atkins, appeals the summary dismissal of his petition for writ of error coram nobis. On appeal, he argues that the trial court abused its discretion in
determining that there was no newly discovered evidence and that his petition was untimely pursuant to the statute of limitations and in dismissing his petition without an evidentiary hearing. After careful review, we affirm the dismissal of the petition.
http://www.tba2.org/tba_files/TCCA/2010/atkinsh_102710.pdf
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| TODAY'S NEWS |
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Legal News
Celebrate Pro Bono
U.S. Supreme Court
Tenn. Supreme Court
Passages
TBA Member Services
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| Legal News |
| Nashville lawyer plans 2nd challenge to guns in bars law |
| Nashville attorney and former Vanderbilt law professor David Randolph Smith has become the face of opposition to Tennessee's guns-in-bars law. Last year he led the legal team that successfully challenged the state's guns-in-bars law as being unconstitutionally vague. He now is leading a new challenge to the law on grounds that it creates a workplace safety hazard. His ultimate dream? To be the lawyer who argues the case in front of the U.S. Supreme Court.
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The Tennessean reports on his litigation plans
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| Wharton files suits against blight |
| The city of Memphis is taking the owners of 138 dilapidated residential properties to court as part of an initiative to fight blight and improve the tax base. With television cameras rolling, Mayor A C Wharton on Tuesday filed lawsuits in Shelby County Chancery Court to force owners to make their properties livable or lose them. The city has budgeted $100,000 for the lawsuits and is seeking other funds to keep the project going beyond this initial set of cases.
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The Commercial Appeal has more
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| ABA reapproves paralegal program |
| Pellissippi State Community College of Knoxville recently learned that its two-year paralegal studies program, first approved by the American Bar Association in 1992, will continue to carry that group's seal of approval. The college recently went through a rigorous re-evaluation process that required production of documents, reports and surveys, and had leaders spending hundreds of hours preparing for the review.
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Read more in the News Sentinel
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| Corker to pursue mortgage lending reform |
| The Nashville Business Journal reports that Tennessee Sen. Bob Corker plans to play a "leading role" in reforming the mortgage lending market next year. At a forum on the U.S. housing market yesterday, Corker said he would try to shape new legislation in reaction to the financial crisis.
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Read the story here
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| Celebrate Pro Bono |
| Volunteer event, clinic on tap |
Memphis lawyers involved in pro bono work are invited to an appreciation reception tomorrow evening, Oct. 28, at Baker, Donelson, Bearman, Caldwell & Berkowitz's downtown offices. The event, which is sponsored by Morgan Keegan, will run from 5:30 to 7 p.m. For more information contact Linda Warren Seely at lseely@malsi.org or (901) 523-8822 x417.
On Saturday, Oct. 30, young lawyers with the TBA YLD and Upper Cumberland Young Lawyers Association will host a Wills for Heroes clinic in Cookeville for area first responders. The clinic will run from 9 a.m. to 2 p.m. at the Tennessee Tech University School of Nursing. The Cookeville Herald-Citizen has a story about it. |
Get details on these and other events taking place this month
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| U.S. Supreme Court |
| States allowed to get lethal drugs overseas |
| The U.S. Supreme Court lifted a stay of execution on Tuesday in the case of a death-row inmate who challenged the foreign origin of a lethal injection drug. The inmate, Jeffrey Landrigan, had questioned Arizona's use of sodium thiopental acquired from England. The drug, which is used to induce unconsciousness, is often scarce in the United States. The 9th U.S. Circuit Court of Appeals placed a stay on the execution arguing there was no way to test the safety of the imported drug. The high court overturned the stay allowing the execution to proceed as planned.
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The ABA Journal reports
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| Tenn. Supreme Court |
| New filings in West case |
| Death row inmate Stephen Michael West now is set to die by lethal injection rather than electrocution based on an order filed this week by Davidson County Chancellor Claudia Bonnyman. The order states that West is no longer bound by a 2001 decision to die in the electric chair. West continues to petition the court for relief, arguing that the state's protocol for lethal injection is unconstitutional. He is set to die on Nov. 9. Track new filings
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Read about the decision in the Nashville City Paper
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| Passages |
| Knoxville lawyer dies |
| Knoxville lawyer David E. Rodgers passed away Oct. 25. A native of Farragut, Rodgers earned his law degree from the Vanderbilt University Law School in 1959. Following graduation, he served in the U.S. Army JAG Corps for three years and then joined Kramer Rayson LLP. Rodgers served with the firm and as attorney for the Town of Farragut until his retirement. His family will receive friends from 4 to 7 p.m. Friday at Bearden United Methodist Church. A memorial service will follow at 7:30 p.m. On Saturday, a graveside service will be held at Highland Memorial Cemetery. In lieu of flowers, memorials may be given to the American Cancer Society, Bearden United Methodist Church, Campus Crusade for Christ or the United Methodist Committee on Relief.
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Read the full obituary online
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| Services set for Vanderbilt professor |
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Richard Nagareda, former David Daniels Allen Professor of Law and director of the Cecil D. Branstetter Litigation and Dispute Resolution Program at Vanderbilt University Law School, died Oct. 8 at the age of 47. A service celebrating his life will take place Nov. 12 at 4 p.m. in the law school's Flynn Auditorium. Friends, alumni and former colleagues are welcome to attend and submit tributes via email to grace.renshaw@vanderbilt.edu for posting on a special website honoring Nagareda. At his family's request, the law school has created a memorial scholarship fund. Donations to the fund can be sent to Vanderbilt University Law School, Nagareda Memorials, Dean's Office, 131 21st Ave. South, Nashville 37203.
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Read more about these memorials
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| TBA Member Services |
| Discounts from Office Depot |
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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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