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Thursday, February 03, 2011

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TBA panel to look at petition practice

Brentwood attorney Bill Bradley, a member of the TBA Litigation Section's executive council, will chair a panel to look at issues involved in "the unauthorized petition practice in derogation of the Tennessee Rules of Civil Procedure." Bradley believes a problem exists given that Rules 7.01 and 7.02 of the Tennessee Rules of Civil Procedure provide for and authorize only two forms of filings in a civil action: a complaint and a motion; yet lawyers continue to file petitions even though the current rules have been in effect since l970. According to Bradley, some courts actually require petitions rather than motions, and where this occurs, neither the requirement nor rules governing petition practice can be included in local rules because they are in derogation of the state rules. Bradley points out that unofficial and unpublished requirements of courts allowing the filing of petitions is a violation of Supreme Court Rule 18.

The panel -- which includes Bristol attorney Dan Coughlin, Chattanooga Clerk and Master Lee Akers, Memphis Law School Professor of Civil Procedure Larry Pivnick, Nashville Fourth Circuit Court Judge Philip Smith, Court of the Judiciary Judge Steve Daniel and Tennessee Department of Human Services General Counsel Bill Russell -- will be exploring ways to address these issues.

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TAMMY V. GALLOWAY v. BRIAN K. VAUGHN ET AL.

Court: TCA

Attorneys:

Britton J. Allan, Nashville, Tennessee, for the appellants, Brian K. Vaughn and George Daniel.

Billy J. Marlowe, Nashville, Tennessee, for the appellee, Tammy V. Galloway.

Judge: CLEMENT

Plaintiff, a guest passenger in a vehicle involved in an accident, filed this action to recover uninsured motorist benefits. The vehicle in which Plaintiff was riding was owned and operated by an insured of Shelter Insurance Company. The accident was the fault of the driver of another vehicle who was not insured; therefore, Plaintiff seeks to recover uninsured motorist coverage benefits from Shelter. Insisting that Plaintiff was not entitled to benefits under the driver's policy because Plaintiff did not meet the definition of an "insured" in the policy, Shelter moved for summary judgment. The trial court found that Plaintiff was an "insured" under the terms of the Shelter policy and denied the motion. This interlocutory appeal followed. We have determined that Plaintiff is not an "insured" pursuant to the terms of the Shelter policy and that Shelter is entitled to summary judgment as a matter of law. Therefore, we reverse and remand with instructions to grant Shelter's motion for summary judgment.

http://www.tba2.org/tba_files/TCA/2011/gallowayt_020311.pdf

IN RE NAVAEH L.

Court: TCA

Attorneys:

Matt E. Miller, Morristown, Tennessee, for the appellant, William T.

Mitzi L. Sweet, Morristown, Tennessee, for the appellees, Nicole Q. and Bryan.

Judge: SUSANO

This is a termination of parental rights case concerning a minor child Navaeh L. ("the Child"), who is the daughter of Elizabeth L. ("Mother") and William T.("Father"). Separate petitions to terminate the parents' rights were filed by Nicole Q., the Child's maternal aunt, and her husband, Bryan (collectively, "Aunt and Uncle"), after the Child was adjudicated dependent and neglected, pursuant to Mother's stipulation. Following this finding, the Child was placed in the custody of Aunt and Uncle. Father's paternity of the Child was not established until after the adjudicatory hearing, but before the petition to terminate was filed. Mother and Father, represented by separate counsel, each opposed the termination of their rights. Following a bench trial, the court granted both petitions upon finding, by clear and convincing evidence, that each of the alleged grounds was established and that termination was in the best interest of the Child. As to Father, the trial court relied upon the grounds of abandonment by failure to support and failure to visit and the persistence of unremedied conditions. Father appeals. We affirm.

http://www.tba2.org/tba_files/TCA/2011/navaehl_020311.pdf

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YouTube contest videos online now

Videos submitted for the TBA's first annual YouTube Video Contest are available online for general viewing. This year's theme asked students to explore Tennessee's unique history of law and liberty. Topics covered in the videos include the court case of Baker v. Carr, the Battle of Fort Pillow, the children's reform movement in Memphis, the Scopes Trial and the civil rights struggle in Nashville. The TBA Public Education Committee will meet on March 23 to select the winners, which will be announced on May 2.

Watch the submitted videos here

Suit filed to block execution drug

A lawsuit filed Wednesday in federal court could create a new roadblock for upcoming executions in Arizona and other states, including Tennessee. Lawyers for three Arizona death row prisoners are seeking to force the U.S. Food and Drug Administration to stop foreign imports of sodium thiopental, a drug used in lethal injections. The drug is in short supply in the U.S. so some states have turned to foreign suppliers. Tennessee death row inmate Stephen Michael West also joined the suit.

The Tennessean has more

White House concerned about judges' confirmations

White House counsel Robert Bauer said this week that the rate of judicial confirmations is "perilously low," creating judicial emergencies in more than half the districts where nominations are pending. Bauer criticized the "disturbing" situation and said the problem is that many nominees are just ignored. There currently are 101 vacancies on the district and circuit courts according to the Administrative Office of the U.S. Courts.

The ABA Journal reports

Opinion: UT's road to desegregation 'long' and 'strewn with obstacles'

As the University of Tennessee celebrates a half-century of desegregation, many of the tributes have focused on the relative peacefulness of the transition. Jesse Fox Mayshark agrees with that characterization for the most part, acknowledging there was no violence on campus, no federal troops and no one blocking the schoolhouse door. But, he contends that the road to desegregation was "a long one, strewn with obstacles deliberately placed by several generations of [school] administrators." In an article in the Metro Pulse, he lays out his argument that UT administrators spent decades keeping black students out of the school.

Learn more here

Locality takes on Voting Rights Act

At a hearing Wednesday in Washington, U.S. District Judge John Bates was exploring a section of the Voting Rights Act that singles out mostly Southern states for additional election monitoring because they have histories of racial discrimination. The government of Shelby County, Ala., is suing the federal government arguing that it should no longer be forced to get approval before changing election procedures. The U.S. Justice Department and others counter such safeguards are still needed as localities now use more subtle means to suppress minority votes.

WKRN News 2 has this AP report

Former Rep. Tanner joins lobbying group

Prime Policy Group, a Washington D.C., lobbying shop, announced this week that former U.S. Rep. John Tanner, D-Tenn., is joining its office as a vice chairman. Tanner said the firm "has a long history of valuing a bipartisan approach" and a solid reputation for integrity and client service. The group -- a subsidiary of Burson-Marsteller Global Public Relations -- represents Fortune 100 companies and both domestic and international clients.

The Commercial Appeal reported the move

New LSC president named

James J. Sandman, the former top lawyer for the D.C. public schools and a longtime managing partner at Arnold & Porter LLP, took office Jan. 31 as new president of the Legal Services Corporation. Sandman served as president of the District of Columbia Bar and has a long history of involvement in pro bono issues. He takes over from Victor M. Fortuno, LSC's longtime general counsel, who had been serving as president since last month when then-president Helaine M. Barnett resigned.