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| Tuesday, February 22, 2011 |
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Judiciary Committee begins process for elected AG
By a 5-4 vote, the Senate Judiciary Committee today passed a resolution that would start the process of amending the state constitution to require a contested election for state attorney general. Tennessee Bar Association Executive Director Allan Ramsaur told the panel that the present appointment method leads to the most objective and least political advice which can be gained, and that one danger in the new system would be pressure to grant statewide criminal prosecutorial power to the elected AG.
See video of the Judiciary Committee discussion and vote
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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.
00 - TN Supreme Court
00 - TN Worker's Comp Appeals
00 - TN Supreme Court - Rules
05 - TN Court of Appeals
00 - TN Court of Criminal Appeals
00 - TN Attorney General Opinions
00 - Judicial Ethics Opinions
00 - Formal Ethics Opinions - BPR
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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ALCOA, INC., v. TENNESSEE STATE BOARD OF EQUALIZATION, et al.
Court: TCA
Attorneys:
Wayne R. Kramer and Jackson G. Kramer, Knoxville, Tennessee, for the appellant, Alcoa,
Inc.
and Gregory O. Nies, Assistant Attorney General, Nashville, Tennessee, for the appellee,
Tennessee State Board of Equalization.
Robert N. Goddard and LaJuana G. Atkins, Maryville, Tennessee, and Doyle R. Monday,
Brentwood, Tennessee, for the appellees, Mike Morton, Blount County Property Assessor,
and Blount County, Tennessee.
Judge: FRANKS
In this case the Blount County property assessor assessed ad valorem taxes against defendant
for certain raw materials the defendant used to fabricate sheets of aluminum at its
manufacturing facility in Blount County. The State Board of Equalization and the Chancery
Court for Blount County upheld the assessment. Defendants have appealed to this Court
arguing that Article II, Sections 28 and 30 of the Tennessee Constitution provide exemptions
from ad valorem taxes for "the direct product of the soil in the hands of the producer, and his
immediate vendee". We affirm the Judgment of the Trial Court.
http://www.tba2.org/tba_files/TCA/2011/alcoainc_022211.pdf
PAMELA CHAMPION, ET AL. v. CLC OF DYERSBURG, LLC, ET AL.
Court: TCA
Attorneys:
Les Jones and Frank B. Thacher, III, Memphis, Tennessee, for the appellant, Pamela
Champion.
John G. Wheeler and L. Bradley Dillard, Tupelo Mississippi, for the appellee, CLC of
Dyersburg, LLC d/b/a Oakwood Community Living Center, Inc.
Judge: FARMER
The trial court awarded Defendant summary judgment on the basis that Defendant had
negated the element of damages in this personal injury action. We reverse and remand for
further proceedings.
http://www.tba2.org/tba_files/TCA/2011/championp_022211.pdf
MATTHEW GOFORTH-LANGE, v. LISA B. LANGE
Court: TCA
Attorneys:
Matthew Goforth-Lange, pro se.
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Judge: FRANKS
Appellant, pro se, raised as issues the Trial Judge ordering him to deposit half of his income
tax refund, and in ordering him not to have his children around fiance. The record contains
an Order by the Trial Judge ordering appellant to pay into the Court half of his income tax
refund, but the record is devoid of any order pertaining to the latter issue. The Order on the
income tax refund recites that evidence was heard on that issue, but appellant has filed no
transcript or statement of the evidence. Accordingly, the Trial Judge's ruling is conclusively
presumed to be correct, and we affirm the Judgment of the Trial Court.
http://www.tba2.org/tba_files/TCA/2011/goforthlangem_022211.pdf
ELIZABETH ANN GRISHAM v. MARK ALAN GRISHAM
Court: TCA
Attorneys:
Leslie Gattas Coleman, Jason R. Ridenour, Memphis, Tennessee, for the appellant, Elizabeth
Ann Grisham
Lara E. Butler, Memphis, Tennessee, for the appellee, Mark Alan Grisham
Judge: HIGHERS
Citing decreased income, Husband filed a petition to modify alimony and child support, and
Wife filed a contempt petition against Husband. The trial court reduced both Husband's
alimony and child support obligations, it refused to hold Husband in contempt, and it
declined to award Wife her attorney fees and court costs. We reverse the trial court's
modification of Husband's alimony obligation and we reinstate the provisions of the Consent
Order with regard to alimony; we affirm the trial court's finding of a significant variance, but
we remand for a modification of Husband's child support obligation consistent with this
opinion; we affirm the trial court's finding regarding contempt; we award Wife her
reasonable attorney fees and court costs expended in defending Husband's petition to modify
and in filing her petition for contempt, and we remand for a determination of such fees; and
finally, we decline to award attorney fees on appeal.
http://www.tba2.org/tba_files/TCA/2011/grishame_022211.pdf
GILBERT OLERUD, ET AL. v. DR. WALTER M. MORGAN, III, ET AL.
Court: TCA
Attorneys:
William K. Burger, Murfreesboro, Tennessee, for the appellants, Gilbert Olerud and Annette
Rae Olerud.
Anna M. Grizzle and David A. King, Nashville, Tennessee, for the appellees, Dr. Walter M.
Morgan, III and Vanderbilt University Medical Center.
Judge: DINKINS
This is an appeal of a grant of summary judgment to a hospital and physician in a medical
malpractice case. Plaintiffs also appeal the denial of their motion that the trial court recuse
itself due to the court's membership on the board of directors of the defendant hospital and
the court's denial of their motion for default judgment based on spoliation of evidence. We
reverse.
http://www.tba2.org/tba_files/TCA/2011/olerudg_022211.pdf
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| TODAY'S NEWS |
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Legal News
General Assembly News
Upcoming
Disciplinary Actions
TennBarU CLE
TBA Member Services
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| Legal News |
| More than 6,300 pro bono hours give by firm last year |
| The law firm Adams and Reese reports that during 2010 it performed a total of 6,300 pro bono hours for more than 100 different pro bono project organizations and causes throughout the nation. The 2010 total was an 18 percent increase from 2009.
The firm's Memphis and Nashville offices combined for more than 1,100 pro bono hours in 2010.
The firm has attorneys and advisers in 13 offices throughout the southern United States and Washington D.C. |
The firm has more information
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| Will 6th Circuit 'hold it against' Britney Spears? |
| Similarities between Britney Spears' pop song "Hold It Against Me" and the Bellamy Brothers' 1979 country music song "If I Said You Had a Beautiful Body Would You Hold It Against Me," have raised questions.
Nashville lawyer Richard Busch has been retained, according to the ABA Journal.
Busch obtained favorable precedent when the 6th U.S. Circuit Court of Appeals ruled infringement may occur when a new song repeats important and well-known words and phrases from a prior work. |
Read about it
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| Court will not look into Shady Lady Ranch ads, 10 Commandment displays |
| The U.S. Supreme Court has decided not to take on at least two cases: one involving advertising for places where
prostitution is legal
and another about
displaying the Ten Commandments.
The court on Tuesday refused to hear an appeal from two newspaper companies, the American Civil Liberties Union and a Nye County brothel called the Shady Lady Ranch; the court also determined it will not take another look at a six-year-old ruling that struck down the display of the Ten Commandments in two Kentucky courthouses. |
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| Appeals court tells judge she should have recused herself |
| The Tennessee Court of Appeals is rebuking a Nashville judge for the appearance of bias in a medical malpractice case involving a dead child.
The Court of Appeals on Tuesday said that Davidson County Circuit Court Judge Barbara Haynes should have recused herself from
a case
involving the children's Hospital at Vanderbilt because she sits on its board of directors. The court also overturned Haynes' decision to dismiss the case. |
The Tennessean reports
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| General Assembly News |
| Speaker hires former political blogger |
| Senate Speaker Ron Ramsey has hired former political blogger Adam Kleinheider as his communications director.
Kleinheider will assume the responsibilities formerly held by Lance Frizzell, who was promoted Tuesday to chief of staff for the Blountville Republican. |
Read more in the News Sentinel
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| Upcoming |
| NSL's Townzen to speak to pre-law society |
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Virginia M. Townzen, associate dean of the Nashville School of Law, will be the featured guest at an event on the Martin Methodist College campus Feb. 24.
Virginia M. Townzen will be at the Gault Fine Arts Center recital hall from 3 to 5 p.m. to offer information about attending law school, particularly the Nashville School of Law.
The event, which is being conducted by the school's Pre-Law Society, is free of charge and open to the public. |
WKSR.com has more
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| Disciplinary Actions |
| Memphis attorney censured |
| On Feb. 16, Memphis lawyer Peggy J. Lee was publicly censured by the Tennessee Supreme Court for violating the Rules of Professional Conduct by failing to keep adequate trust account records. |
Download the BPR news release
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| TennBarU CLE |
| 2 TBA sections to host CLE forums this week |
| There is still time to register for two CLE programs coming this week to Nashville. On Thursday, the TBA's Tort and Insurance Law Section presents Tort and Insurance Forum 2011, a day-long program with several sessions focusing on uninsured motorists. On Friday, the TBA's Estate Planning and Probate will present the day-long Estate Planning Forum 2011 at the downtown Doubletree Hotel. Along with providing estate planning techniques and probate considerations, the forum will present insight into new legislation and case law rulings affecting these areas. |
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| TBA Member Services |
| Earn rewards with Budget car rentals |
| Tennessee Bar Association members who rent with Budget twice for two consecutive days on each rental before Dec. 31 can receive $25 to put toward their next car rental. To take part in the promotion, first enroll in the Budget Fastbreak counter bypass program. After enrolling, visit Budget Bucks to get full terms and conditions of this promotion and to sign up.
Also remember that with your Tennessee Bar Association Budget Customer Discount Code you can receive up to 20 percent off your rentals. |
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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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