Last-Minute CLE from TennBarU

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Court: TSC


Sandy Garrett for the appellant, Board of Professional Responsibility.

F. Chris Cawood, Kingston, Tennessee, pro se.

Allan F. Ramsaur, Gail Vaughn Ashworth, and William L. Harbison, Nashville, Tennessee, and Brian S. Faughnan, Memphis, Tennessee, for the amicus curiae, Tennessee Bar Association.


Disciplinary Counsel of the Board of Professional Responsibility filed a petition for discipline against attorney F. Chris Cawood for alleged violations of Rules of Professional Conduct. After Disciplinary Counsel's presentation of evidence, the Hearing Panel dismissed the petition. The Board of Professional Responsibility appealed to the chancery court, which affirmed the Hearing Panel's dismissal. The Board appealed the decision of the chancery court to this Court. We hold that the Board of Professional Responsibility's petition for certiorari failed to meet the requirements of Tennessee Code Annotated section 27-8-106 and that the chancery court therefore lacked jurisdiction to hear the appeal.


Court: TSC


Court: TCA


Pamela A. Barnett, Nashville, Tennessee, Pro Se.

Jonathan Eric Miles, Phillip Lester North, Judith Jefferson Regan, Nashville, Tennessee, for the appellees, Elite Sports Medicine and David R. Moore, M.D.


In this case, we are asked to decide whether an amendment to Tenn. Code Ann. section 29-26-122, which became effective July 1, 2009, and requires the plaintiff in a medical malpractice action to file a certificate of good faith at the time of filing suit, was properly applied to an action initiated prior to the effective date of the amendment, voluntarily dismissed and refiled after the effective date. We also consider whether the requirement that the plaintiff file a certificate of good faith applies to an action for medical battery. We affirm the judgment in part, reverse in part, and remand the case for further proceedings.


Court: TCA


Melanie Totty Cagle, Centerville, Tennessee, for the appellant, Ricky Farley.

Jerry Wayne Hamblin, Ashland City, Tennessee, for the appellee, Tammy Sue Farley.


Wife filed a complaint for divorce. Husband did not file an answer. Wife sought and received a default judgment. Husband filed a motion to set aside the default judgment based on excusable neglect as a result of depression. The trial court denied the motion. We affirm.


Court: TCA


Tim Hatton, Lebanon, Tennessee, for the appellants, Jackie Sabaski and Jeffrey Susan, individually and on behalf of Emily S., a minor.

Jack Paul Brewer and David Randall Mantooth, Nashville, Tennessee, for the appellees, Wilson County Board of Education, Selene Tinsley, Helen Daniels, Darian Brown and Travis Mayfield.

Michael Ray Jennings, Lebanon, Tennessee, for the appellee, Wilson County Board of Education.


Parents of disabled child sued county board of education and several employees for assault and battery, false mprisonment, and negligent failure to train employees. The trial court dismissed the complaint on the ground that the plaintiffs failed to exhaust their administrative remedies pursuant to the Individuals with Disabilities Education Act ("IDEA"). We conclude that the IDEA's exhaustion requirement does not apply to the plaintiffs' state law claims. We further conclude that the plaintiffs' complaint fails to state a valid claim for negligent failure to train because the IDEA provides the exclusive remedy for such claims, but their claims for assault and battery and false imprisonment are not precluded by the IDEA.


Court: TCA


Stephen C. Knight and Nader Baydoun, Nashville, Tennessee, for the appellant, Soles4Souls, Inc.

Phillip F. Cramer and Samuel P. Funk, Nashville, Tennessee, for the appellees, Donelson Cedarstone Associates, LP, Donelson Cedarstone, LLC, Smartspace, LLC, and Floyd Shechter.


In a landlord-tenant dispute, the tenant plaintiff claims that before the parties entered into a lease for commercial property, the landlord defendants misrepresented estimated operating expenses that the plaintiff was expected to pay as part of its rent pursuant to the lease terms. The plaintiff appeals the trial court's dismissal of its claims for fraud and violation of the Tennessee Consumer Protection Act. We find that the defendants misrepresented estimated operating expenses after entering into the initial lease with the plaintiff but before entering into an agreement for expansion space. We therefore reverse the judgment of the trial court on the plaintiff's claims for fraud and violation of the TCPA and remand for determination of an appropriate remedy for damage the plaintiff suffered after agreeing to lease the expansion space.


Court: TCA


Carl Sutherland, Mountain City, Tennessee, Pro Se.

James Irvin Pentecost and Jon A. York, Jackson, Tennessee, for the appellees, Cherry Lindamood, Gene Maples, Teresa Cogswell, Leigh Kilzer, and Heather Reeves.


An inmate filed suit, claiming that he was discriminated against in job assignments and that his First Amendment rights were violated in that he was retaliated against for making complaints. The trial court granted the defendants' motion to dismiss. We affirm.


Legal News
Tenn. Government
Your Practice
TBA Member Services

Legal News
Bredesen and TennCare advocates don't remember the battle the same way
Gov. Phil Bredesen admits he didn't take care of "the TennCare thing," saying he "definitely didn't get that done." In 2005 he disenrolled 170,000 adults from TennCare in what critics call the biggest cuts to public health insurance in the nation's history. He says the federal government and TennCare advocates in the state would not work with him, but that is not the assessment of some of those advocates. "Governor Bredesen personalized what were honest disagreements about public policy," Gordon Bonnyman, executive director and co-founder of the Tennessee Justice Center, said in an e-mail to the Associated Press. "He treated the TennCare issues as if I and a few other advocates were willfully trying to damage his administration." Bonnyman said he hopes Republican Governor-elect Bill Haslam "will be more open to a respectful discussion of how TennCare can best serve the needs of our state." reported this AP story
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The News Sentinel lays out situation
Frivolous suits in Roane County must stop, judge says
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The Roane County News has the story
Senate agrees to ditch 'don't ask, don't tell'
The Senate agreed on Saturday to do away with the military's 17-year ban on openly gay troops, sending President Barack Obama legislation to overturn the Clinton-era policy known as "don't ask, don't tell." Obama was expected to sign the bill into law next week, although changes to military policy probably wouldn't take effect for at least several months.
The News Sentinel reported this AP story
Twitter OK in UK courts
The head of the judiciary in England and Wales ruled Monday that there is no ban on using Twitter in court. Lord Chief Justice Igor Judge said the use of "unobtrusive, hand held, virtually silent" equipment to give live text updates was unlikely to interfere with the administration of justice.
NewsChannel 9 reported the AP story
Police get refresher on disorderly conduct
The Metro Nashville Police Department recently conducted training for officers, refreshing them on what constitutes disorderly conduct. Kennetha Sawyers, head of the department's Office of Professional Accountability, requested the new training after seeing a troubling number of complaints in recent years about questionable disorderly conduct arrests.
The Tennessean has the story
Tenn. Government
No interim rep chosen for Ulysses' seat
The Shelby County Commission unexpectedly voted this afternoon to delay its selection of an interim representative to the state House District 98 seat until after next month's primary election, when voters will choose a longer-term replacement. The commission had been expected today to pick a short-term replacement for Rep. Ulysses Jones, the Democrat who had represented the district in Raleigh, Frayser and parts of North Memphis for many years and who died recently.
The Commercial Appeal reports
Your Practice
If you are a 'team player' with a 'proven track record,' don't mention it in resume
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The ABAJournal tells you more
TBA Member Services
Avis benefits 'try harder'
TBA members are offered a rental car discount through Avis. Enroll in the Avis Preferred Service at to bypass the rental counter and go directly to your car for a faster, easier rental experience. Enter code AWD# A570100.

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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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