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| Thursday, January 06, 2011 |
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Nashville bar groups win ABA Law Day award
The Nashville Bar Association's 2010 Law Day Program "Defending Freedom in the Nashville Sit-in Trials" was awarded the American Bar Association (ABA) Law Day Outstanding Activity Award. The sit-in program, which was presented by the Nashville Bar Association, Nashville Bar Foundation and the Napier-Looby Bar Association, included a luncheon on the lawn of the Metro Davidson County Courthouse and a program that commemorated the 50th anniversary of the day Nashville's lunch counters were officially desegregated. It also celebrated the dedication of area lawyers who, despite public criticism and opposition, worked to ensure that protestors had access to the justice system. The ABA will present the award at its February meeting in Atlanta.
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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: CONSERVATORSHIP OF GOLDIE CHILDS
Court: TCA
Attorneys:
Sheryl D. Guinn, Nashville, Tennessee, for the appellants, Hazel Childs, Oreva Childs.
Jeanan Mills Stuart, Nashville, Tennessee, Pro Se.
Judge: COTTRELL
Two of the daughters of an eighty-two year old woman filed a petition to be named as their mother's Conservator. The trial court found that the mother did indeed need a Conservator,
but because of family disagreements it appointed a third party to perform that role. Seven months later, the same daughters filed a petition to remove the incumbent Conservator and to be named as Co-Conservators to replace her. The mother died after proceedings on the second petition began, but before the trial court could rule on its merits. The Conservator subsequently moved the court for payment of her fees. The court found that some of those
fees were incurred as a direct result of the uncooperative acts of the two daughters. Since the decedent's estate was indigent, the court entered two money judgments for costs against the daughters. We reverse the judgment that was assessed against one of the daughters for failing to return her mother to the nursing home in a timely way, because although her actions led to additional costs, no legal basis for the judgment appears in the record. We vacate the judgment based on the unsuccessful petition to remove the conservator and we remand the case for further proceedings, because although Tenn. Code Ann. section 34-1-114 does allow an assessment of costs against such petitioners, it is unclear how much of the court's judgment falls within the parameters of that statute.
http://www.tba2.org/tba_files/TCA/2011/childsg_010611.pdf
KATHY D. PARTEE V. JAIME VASQUEZ, M.D.
Court: TCA
Attorneys:
Kathy D. Partee, Oak Grove, Kentucky, Pro Se.
Thomas A. Wiseman III, James C. Sperring, Nashville, Tennessee, for the appellee, Jaime Vasquez, M.D.
Judge: COTTRELL
A woman who suffered prolonged bleeding, pain and disabling injury after gynecological surgery filed a pro se malpractice suit against the doctor who performed the surgery. The
defendant filed a motion for summary judgment, accompanied by an affidavit in which he testified that in his treatment of the plaintiff he complied at all times with the relevant standard of acceptable professional practice. Unfortunately for the plaintiff, she was unable to find an expert witness to controvert that affidavit. The trial court granted the plaintiff several continuances to give her the opportunity to procure representation and expert testimony, but when she was unable to do so, the trial court granted the defendant's motion. We affirm.
http://www.tba2.org/tba_files/TCA/2011/parteek_010611.pdf
CLAUDE RAMSEY, MAYOR OF HAMILTON COUNTY, TENN., ET AL. v. TENN. DEPARTMENT OF HUMAN SERVICES ET AL.
Court: TCA
Attorneys:
Hugh Jacob Moore, Jr., David Aaron Love, Rheubin M. Taylor, and Mary Neill Southerland, Chattanooga, Tennessee, for the appellants, Claude Ramsey, Curtis Adams, Greg Beck, John
Brooks, Richard Casavant, Jim Copinger, Larry Henry, Bill Hullander, Warren Mackey, and Fred Skillern.
Robert E. Cooper, Jr., Attorney General and Reporter; Michael E. Moore, Solicitor General; and Pamela A. Hayden-Wood, Senior Counsel; for the appellee, State of Tennessee,
Department of Human Services.
Judge: BENNETT
The Hamilton County mayor and members of the county commission filed suit against the Tennessee Department of Human Services seeking judicial review of an administrative
decision holding that the county penal farm's commissary and vending machines and the vending facilities at another county building were subject to DHS's statutory priority regarding blind vendors. The chancellor affirmed the administrative decision, and we affirm the chancellor's decision.
http://www.tba2.org/tba_files/TCA/2011/ramseyc_010611.pdf
MICHAEL B. WOODS v. METROPOLITAN DEVELOPMENT AND HOUSING AUTHORITY BOARD OF COMMISSIONERS
Court: TCA
Attorneys:
James B. Johnson, Nashville, Tennessee, for the appellant, Michael B. Woods.
Kathryn A. Stephenson and W. Justin Adams, Nashville, Tennessee, for the appellee, Metropolitan Development and Housing Agency Board of Commissioners.
Judge: CLEMENT
The petitioner, a former property manager for the Metropolitan Development and Housing Agency, was fired amid allegations that he had sexually harassed tenants and neglected his official duties by failing to properly prepare monthly reports. He appealed the termination of his employment to the Board of Commissioners of MDHA. The Board appointed a hearing officer who conducted a two-day hearing, following which the hearing officer found that the
proof was insufficient to support a finding of sexual harassment and recommended that Petitioner be reinstated but demoted due to his failure to provide the required monthly reports. The Board subsequently rejected the recommendation and affirmed Petitioner's termination based on the risk of future negligent retention sexual harassment suits and the fact he was an at-will employee who could be fired without cause. Petitioner then filed this petition for a common law writ of certiorari, contending MDHA acted arbitrarily, capriciously and illegally because it did not have just cause to fire him and because the decision to terminate him was due to his refusal to waive his right to appeal. The trial court dismissed the petition, finding the Board did not act arbitrarily, capriciously, or illegally because Petitioner was an employee-at-will who could be fired without just cause. We affirm.
http://www.tba2.org/tba_files/TCA/2011/woodsm_010611.pdf
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| TODAY'S NEWS |
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Legal News
Tenn. Supreme Court
General Assembly News
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Upcoming
TBA Member Services
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| Legal News |
| Chattanooga judge says she filed complaint |
| Criminal Court Judge Rebecca Stern confirmed this morning that she filed an ethics complaint against General Sessions Court judges David Bales and Bob Moon based on concerns about their political activity. She also said that while her initial complaint, filed in December, did not involve allegations of misconduct in the selection of the next county mayor, she since has informed the Court of the Judiciary of those concerns as well. Both Judges Bales and Moon deny they have violated judicial ethics rules, according to Chattanoogan.com.
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The Times Free Press has more on the story
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| Obama renominates Donald, Sharp |
| U.S. District Judge Bernice B. Donald of Memphis, whose Dec. 1 nomination to the 6th Circuit Court of Appeals was not acted on before the U.S. Senate adjourned last year, was renominated yesterday for the position by President Barack Obama. The president also re-nominated Nashville lawyer Kevin Hunter Sharp to the U.S. District Court for the Middle District of Tennessee. He originally had been nominated in November.
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The Commercial Appeal reports
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| TBA Leadership Law kicks off with opening retreat |
| The Tennessee Bar Association's Leadership Law class of 2011 is kicking off the year this week with an opening retreat at Montgomery Bell Academy. The group of 34 emerging leaders in the Tennessee legal community will hold monthly sessions leading up to graduation in June during the annual TBA Convention in Chattanooga. Among those speaking to the group are former Tennessee Supreme Court Justice Mickey Barker, Memphis lawyer Lewis Donelson, Nashville lawyers Byron Trauger and Randy Kinnard, Covington attorney Houston Gordon, former TBA presidents Gail Vaughn Ashworth and Pam Reeves and TBA President Sam Elliott. |
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| Guns stolen from DA's car |
| Two guns, ammo and two holsters were stolen from Anderson County District Attorney General Dave Clark's vehicle over the holidays, according to the Knoxville News Sentinel. Total value of the items was pegged at $950.
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Get the story
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| Firm nominated for arts award |
| The Arts & Business Council of Greater Nashville will hold its Bowtie Awards ceremony on Jan. 25 from 11 a.m. to 1:15 p.m. at the Wildhorse Saloon. Baker, Donelson, Bearman, Caldwell & Berkowitz PC is up for an award in the "work environment" category, which pays tribute to a workspace that fosters employee creativity, innovation and morale, while portraying corporate mission, identity and style. The law firm was one of three finalists named in the category. The winner will be announced at the ceremony.
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Learn more
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| Indicted mayor resigns |
| Anderson County Mayor Rex Lynch has been arrested on charges of tax fraud, conflict of interest and official misconduct based on allegations that he falsified vehicle transfer records and received a personal benefit when he sold a vehicle to the county. Yesterday, Lynch stepped down as mayor, saying "I deeply regret that circumstances of my own making compel me to resign." The case is being handled by a special prosecutor.
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WBIR.com has more
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| Tenn. Supreme Court |
| BPR asks court to reconsider Cawood case |
| The Board of Professional Responsibility has asked the Tennessee Supreme Court to reconsider its decision in a lawyer disciplinary case that found a procedural defect in the manner in which such cases are appealed. The petition for reconsideration says that some 16 cases are now in the pipeline, many of which could be affected by the decision.
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Download the petition
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| General Assembly News |
| Early voting continues for House seat |
| Early voting continues through Jan. 15 in the special election primary for state House District 98. Four Democrats are vying for the nomination. The seat, which represents North Memphis, Frayser and Raleigh, became vacant with the November death of Democratic state Rep. Ulysses Jones Jr. There are no Republican or independent candidates running. Primary election day is Jan. 20. The general election will be held March 8.
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Read about the candidates in the Memphis Daily News
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| Tenn. Government |
| Haslam keeps tourism chief, plans new study |
| Governor-elect Bill Haslam today announced Susan Whitaker would continue as commissioner of the Tennessee Department of Tourist Development, and announced the formation of a statewide Tourism Committee, which will study how to maximize Tennessee's tourism potential, especially in smaller and economically depressed counties. |
Read more in the Nashville Post's politics blog
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| Passages |
| Service set for longtime judicial assistant |
| A memorial service will be held for Imogene Blackstock Lucas, judicial assistant to Senior District Judge John T. Nixon, on Jan. 21 at 3 p.m. in Courtroom 873 of the U.S. District Courthouse in downtown Nashville. Lucas, who also served Nashville's Second Circuit Court as a judicial secretary to three consecutive judges -- John L. Uhlian Jr., Hal Hardin and John Nixon -- died Nov. 18 at the age of 73. She was still working for Nixon, who was appointed to the federal bench in 1980, at the time of her death.
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| Upcoming |
| Memphis AWA chapter holds annual meeting |
| The Association for Women Attorneys in Memphis will hold its annual meeting and banquet on Jan. 20 at the Racquet Club, 5111 Sanderlin Ave. A silent auction will kick off the evening at 5:30 p.m. A dinner and program -- at which Judge Donna Fields will be presented with the Marion Griffin-Frances Loring Award -- will follow at 6:45 p.m. Contact Leah Hillis at (901) 524-5184 for reservations. |
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| TBA Member Services |
| CompuPay offers deals for TBA members |
| CompuPay is proud to serve as the official payroll services provider for the Tennessee Bar Association. To serve Tennessee attorneys the company is offering two months of free payroll processing for all TBA members and waiving set up fees for members with up to 99 employees. |
Learn more about CompuPay's benefits
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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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