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| Wednesday, January 05, 2011 |
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Firm creates MLK-inspired fund to aid law students
The Nashville law firm Waller Lansden Dortch & Davis is creating a $100,000 endowment to help law students whose lives uphold the principles of equality preached by civil rights activist Martin Luther King Jr. University of Tennessee College of Law Dean Doug Blaze will accept the endowment at a private luncheon for 500 Nashville attorneys, public officials, and business and civic leaders scheduled for Jan. 13.
Read more in the Tennessean
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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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IN RE LINDSEY N. L.
Court: TCA
Attorneys:
Charlotte Ann Leibrock, Newport, Tennessee, for the appellant, Anthony H.
Robert E. Cooper, Jr., Attorney General and Reporter, and Marcie E. Greene, Assistant Attorney General, Nashville, Tennessee, for the appellee, State of Tennessee, ex rel. Sheila
A. G.
Judge: FRANKS
In this child support matter, the mother filed a motion for contempt after the father failed to pay the minor child's medical bills and insurance expenses as ordered by the trial court. After being found by the trial court to be in contempt, the father requested a new trial or an amendment of the judgment. The trial court denied the request and the father appealed from that order. The State of Tennessee, on behalf of the mother, moved to dismiss the appeal, asserting that it was prematurely filed. Upon our review of the record, we find that the father has appealed from an order that does not resolve all the claims against him. Accordingly, we dismiss the appeal for lack of a final judgment.
http://www.tba2.org/tba_files/TCA/2011/lindseynl_010511.pdf
WILLIAM (BOB) SIMERLY, ET AL. v. CITY OF ELIZABETHTON
Court: TCA
Attorneys:
Charlton R. Devault, Jr., Kingsport, Tennessee, for the appellant, City of Elizabethton.
Dan D. Rhea, Knoxville, Tennessee, for the appellees, William (Bob) Simerly and Lewis Honeycutt.
Judge: MCCLARTY
William (Bob) Simerly and Lewis Honeycutt (collectively "the Retirees"), along with numerous other former employees of the Elizabethton Electric System ("the EES") brought this civil action against the City of Elizabethton ("the City") to recover the value of certain EES benefits claimed to be owed them and wrongfully withheld by the City. After the City agreed to reduce its claims and counterclaims along with all the former employees taking voluntary dismissals, with the exception of Mr. Simerly and Mr. Honeycutt, both parties jointly filed a motion for partial summary judgment whereby the trial court was asked to rule on the legal validity of the underlying contracts upon stipulation by the parties of a number of exhibits and facts. The trial court granted the Retirees partial summary judgment, finding the underlying contracts to be legally valid, and the benefits promised thereunder to still be
in force. The trial court's partial judgment reserved the issue of the amount of the Retirees' damages for a later hearing. The City then filed a notice of appeal from the trial court's
ruling before the hearing on the damages could be scheduled. The Retirees moved in this court to dismiss the appeal on the basis of lack of finality of the trial court's partial judgment.
We denied the Retirees' motion without prejudice. We reverse the ruling of the trial court on the partial summary judgment.
http://www.tba2.org/tba_files/TCA/2011/simerlyw_010511.pdf
Amendment of Private Act by Charter County
TN Attorney General Opinions
Date: 2011-01-05
Opinion Number: 10-118
http://www.tba2.org/tba_files/AG/2011/ag_10_118.pdf
Contract between County-wide Fire Department and Nonprofit Fire Service
TN Attorney General Opinions
Date: 2011-01-05
Opinion Number: 10-119
http://www.tba2.org/tba_files/AG/2011/ag_10_119.pdf
Sheriff's Disregard of Chancery Court Order
TN Attorney General Opinions
Date: 2011-01-05
Opinion Number: 10-120
http://www.tba2.org/tba_files/AG/2011/ag_10_120.pdf
Constitutionality of Captions under Article II, Section 17, of the Tennessee Constitution
TN Attorney General Opinions
Date: 2011-01-05
Opinion Number: 10-121
http://www.tba2.org/tba_files/AG/2011/ag_10_121.pdf
Constitutionality of Captions under Article II, Section 17, of the Tennessee Constitution
TN Attorney General Opinions
Date: 2011-01-05
Opinion Number: 10-122
http://www.tba2.org/tba_files/AG/2011/ag_10_122.pdf
Use of Restraint During Evaluation of Mentally Ill Patient
TN Attorney General Opinions
Date: 2011-01-05
Opinion Number: 10-123
http://www.tba2.org/tba_files/AG/2011/ag_10_123.pdf
Juvenile Court Official's Providing Copies of Civil Petitions Alleging Child Abuse to District Attorneys General
TN Attorney General Opinions
Date: 2011-01-05
Opinion Number: 10-124
http://www.tba2.org/tba_files/AG/2011/ag_10_124.pdf
Authority of Jury Coordinator to Select Prospective Jurors to Serve on Jury Panels
TN Attorney General Opinions
Date: 0000-00-00
Opinion Number: 10-125
http://www.tba2.org/tba_files/AG/2011/ag_10_125.pdf
Open Meetings Act and Appointments by County Legislative Body
TN Attorney General Opinions
Date: 2011-01-05
Opinion Number: 10-126
http://www.tba2.org/tba_files/AG/2011/ag_10_126.pdf
Validity of Petition for Referendum on County
TN Attorney General Opinions
Date: 2011-01-05
Opinion Number: 11-1
http://www.tba2.org/tba_files/AG/2011/ag_11_01.pdf
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| TODAY'S NEWS |
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Legal News
Disciplinary Actions
Career Opportunities
TBA Member Services
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| Legal News |
| Bomb threat empties county building |
| A bomb threat briefly emptied the Robertson County Office building just before 2 p.m. yesterday when a caller said a bomb was in the General Sessions Court. The Robertson County sheriff's office sealed the building and searched it before allowing people back inside. The search turned up no evidence of explosives.
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The Tennessean has more
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| Judges reportedly subject of complaint |
| Hamilton County Sessions Court Judges David Bales and Bob Moon reportedly are the subject of a complaint filed with the Tennessee Court of the Judiciary alleging they lobbied county commissioners to support one of two men vying for a mayoral appointment. Moon acknowledged that he has spoken to several commissioners as a private citizen and called any complaints "rumors and innuendo." Bales was unavailable for comment. The Court of the Judiciary does not comment on complaints unless and until public discipline is imposed.
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Read more in the Chattanooga Times Free Press
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| E-tools helping lawyers respond to legal needs |
| What began as a Saturday clinic where lawyers helped those in need of legal services, has evolved into a timesaving, docket-clearing endeavor. Lawyers who gathered at the Saturday clinics now are finding time to appear in courtrooms and help people attempting to represent themselves in simple divorce cases and bankruptcies. Attorney Tony Seaton says harnessing the power of the Internet -- through text messages, email and social networking -- is helping lawyers quickly organize and deliver services.
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The Murfreesboro Post reports
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| Tax day moved to April 18 |
| Taxpayers will get an extra three days to file their taxes this year, the Nashville Business Journal reports. The usual filing deadline -- April 15, 2011 -- coincides with Emancipation Day, which is a holiday observed in the District of Columbia. Because holidays in D.C. are treated like federal holidays by the federal government, the IRS won't be back to work until the following Monday, April 18, which is when taxes will be due.
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| Security a concern for Rhea courthouse |
| Security issues at the Rhea County Courthouse are a concern for county officials, especially if the jail is expanded in its current location. With the jail located across the street from the courthouse, inmates are escorted as a group to hearings -- putting them in contact with pedestrians, members of the public, and family members of the inmates and victims. The county has asked its contractors to propose security enhancements if the jail stays in the downtown area.
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The Times Free Press has more
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| Apperson Crump forms alliance with Wolff Ardis |
| Memphis law firm Apperson Crump has formed a referral affiliation with the trial firm of Wolff Ardis PC. The affiliation is similar to a deal Apperson announced over the summer with Jackson Shields. The announcement follows recent news that Apperson Crump acquired the Smith-Kimbrough law firm.
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The Memphis Daily News reports
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| Memphis lawyer says he will close law office |
| Memphis lawyer Javier Bailey, who has taken on big-name cases and causes like the Deaunta Farrow shooting, Cancer Creek and Memphis City School funding, reportedly is preparing to close his law office and pursue an investment banking career. A well-known mid-south attorney with a reputation for fighting for social justice, Bailey is facing nearly 20 complaints filed by former clients. He already has received two public censures and five suspensions from the state for past problems, and reportedly agreed to close his office and accept a suspension rather than face a hearing panel. |
WREG.com has more
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| Texan declared innocent after 30 years in prison |
| A Texas man, who consistently maintained his innocence in a 1979 rape and robbery, was declared officially not guilty Tuesday after 30 years in prison. Cornelius Dupree Jr., 51, was sentenced to 75 years in prison in 1980 for the rape and robbery of a 26-year-old Dallas woman.
His case was handled by the Innocence Project, a New York legal center that specializes in wrongful conviction cases. |
Learn more about the case from WSMV.com
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| Disciplinary Actions |
| Nashville lawyer reinstated |
| Nashville lawyer David Alan Gold was reinstated to the practice of law on Dec. 30. Gold was suspended on Sept. 30, 2009, for four years and nine months, retroactive to Jan. 7, 2005. He filed a petition for reinstatement in June 2010. The state Supreme Court agreed to return him to active status on two conditions: monthly monitoring by an experienced practitioner for one year, and completion of 12 hours of community service for three years following reinstatement.
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Download the BPR notice
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| Career Opportunities |
| Robertson County firm seeks attorney |
| The Fleming Law Firm in Springfield seeks a motivated attorney with experience to handle a busy small town criminal, domestic and possibly wills/estates practice. Candidate must possess business sense and an interest in developing a network of clients. Please send cover letter and resume with references to The Fleming Law Firm, 409 N. Locust Street, Springfield, TN 37172. No calls please. |
View the posting on JobLink
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| TBA Member Services |
| Avis benefits 'try harder' |
| TBA members are offered a rental car discount through Avis. Enroll in the Avis Preferred Service at www.avisawards.com 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.
© Copyright 2011 Tennessee Bar Association
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