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| Wednesday, March 02, 2011 |
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No mandatory mediation for workers' comp appeals
The Tennessee Supreme Court today issued an order revoking TN. Sup. Ct. R. 37, a provisional rule that required mediation of workers compensation appeals. The TBA submitted a comment in February supporting the repeal because the process was seen as having little value.
Download the order
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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
03 - 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
open them from there. 1) Click the URL at end of each Opinion paragraph below. This should give you the option to
download the original document. If not, you may need to right-click on the URL to get the option to save the file
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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ROBERT H. GOODALL, JR. v. WILLIAM B. AKERS
With Dissenting Opinion
Court: TCA
Attorneys:
George Edward Barrett and Scott Patton Tift, Nashville, Tennessee, for the appellant, William B. Akers.
Barbara Jones Perutelli, Nashville, Tennessee, for the appellee, Robert H. Goodall, Jr.
Judge: BENNETT
Buyer of real property brought suit against seller for intentional misrepresentation, fraudulent misrepresentation, breach of contract, and breach of express warranty. The trial court determined that the buyer's reliance upon the seller's representations was reasonable. On appeal, the seller argues that the evidence does not support the trial court's decision and that the trial court erred in excluding expert testimony offered by the seller. Because we have determined that the trial court erred in excluding the expert testimony in question, we reverse and remand.
http://www.tba2.org/tba_files/TCA/2011/goodallr_030211.pdf
CLEMENT dissenting
http://www.tba2.org/tba_files/TCA/2011/goodallr_DIS_030211.pdf
JAMIE RANDOLPH, on behalf of her deceased mother, CAROLYN RANDOLPH v. GIANFRANCO MEDURI, M.D., ET AL.
Court: TCA
Attorneys:
Al H. Thomas and Aaron L. Thomas, Memphis, Tennessee, for the appellant, Jamie Randolph.
Stephen W. Vescovo and Claire M. Cissell, Memphis, Tennessee, for the appellee, U.T. Medical Group.
Judge: FARMER
This appeal arises out of an action to hold UT Medical Group, Inc. vicariously liable for the alleged negligence of its employees. In 1997, the original plaintiff filed an amended
complaint for medical malpractice and wrongful death which specifically named two doctors as employees of the defendant who negligently caused the death of a patient. As trial approached, a substitute plaintiff attempted to add new allegations concerning the negligence of a third doctor. The trial court denied the motion to amend and later granted a motion in limine to exclude evidence concerning the alleged negligence of the third doctor as beyond the scope of the 1997 amended complaint. The plaintiff consequently was unable to offer expert testimony at trial to prove an employee of the defendant negligently caused the patient's death, and the trial court granted judgment in favor of the defendant. We affirm.
http://www.tba2.org/tba_files/TCA/2011/randolphj_030211.pdf
CHARLES JUSTIN WRIGHT, BY NEXT FRIEND AND MOTHER, KAREN PRYOR v. CITY OF LEBANON, TENNESSEE
Court: TCA
Attorneys:
Stephen W. Elliott, Nashville, Tennessee, for the appellant, City of Lebanon, Tennessee.
Amber St. John, Smyrna, Tennessee, for the appellee, Charles Justin Wright.
Judge: BENNETT
In a Governmental Tort Liability Act ("GTLA") action, the City of Lebanon appeals the trial court's decision to hold it liable for an accident that occurred on a swing in a city park. The
City asserts that the court erred in failing to find that the swing was in a dangerous or defective condition or that the City had notice of such a condition. Additionally, the City
insists that any defective condition was latent and governmental immunity was therefore not removed under the GTLA. The City also challenges the trial court's denial of its motion for involuntary dismissal, its characterization of the case as "hybrid" in nature, its reliance on the doctrine of res ipsa loquitur in establishing negligence, and its admission of the plaintiff's expert testimony. We conclude that the swing was in a dangerous or defective condition, which was not latent, and that the City had constructive notice of that condition. We find against the City on its remaining issues.
http://www.tba2.org/tba_files/TCA/2011/wrightc_030211.pdf
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| TODAY'S NEWS |
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Legal News
Tenn. Government
General Assembly News
U.S. Supreme Court
Passages
Upcoming
Career Opportunities
TBA Member Services
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| Legal News |
| Judge's use of unlicensed psychologist questioned |
| NewsChannel 5 is questioning whether Nashville General Sessions Judge Dan Eisenstein, who runs the Davidson County Mental Health Court, has been putting court participants under the care of someone who is not a licensed mental health professional. According to his resume, James Casey has worked for the court as an "independent contracted clinician" and is responsible for facilitating "weekly group therapy." Judge Eisenstein and court participants frequently refer to Casey as a psychologist. The problem? Casey is not a licensed psychologist and presenting himself as one in Tennessee is against the law.
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Read more from the station
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| Court fees could sustain judiciary during shutdown |
| Court fees -- and bankruptcy fees in particular -- could help keep all federal courts open if the government shuts down temporarily during budget battles in Congress. According to the Wall Street Journal's bankruptcy blog, fees kept the courts open for about two weeks during government shutdowns in the mid-1990s. Federal officials are developing contingency plans, and funding critical operations with court fees is one of the ideas in play.
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Learn more from the WSJ's Bankruptcy Beat
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| Holder defends DOJ's performance on gays, drugs |
| U.S. Attorney General Eric Holder yesterday defended the Justice Department's performance under pointed questioning by House Republicans. At a four-hour appropriations hearing, Holder was criticized for the administration's decision to stop defending the constitutionality of a federal law banning recognition of gay marriage, while other members challenged the department's efforts to stop the flow of illegally obtained prescription drugs.
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WRCB-TV has this AP story
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| Tenn. Government |
| Police director named to Homeland Security post |
| Memphis Police Director Larry Godwin, who is retiring from the department on April 14, has been named deputy commissioner of the Tennessee Department of Safety and Homeland Security. He will begin the job on April 18 and will work hand-in-hand with former Shelby County district attorney Bill Gibbons, who is the department's commissioner.
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The Commercial Appeal has more
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| General Assembly News |
| Legislation could alter consumer protections |
| New legislation before the General Assembly is raising questions about the future of consumer protection in the state. A bill introduced in the Senate would remove securities dealers from the jurisdiction of the Tennessee Consumer Protection Act and prohibit private citizens from suing their brokers under that law. A related bill introduced in the House would limit lawsuits against insurance companies that refuse to pay claims.
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The Nashville Post has more
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| Track legislation of interest to Tennessee attorneys |
| The 107th Tennessee General Assembly is now in session and the TBA has a number of tools to help you track the status of legislation. Watch TBA Today for regular news updates and follow the TBA Action List to track bills in the General Assembly that the TBA has a direct interest in -- those it has initiated, taken a position on, or has a policy on. The TBA Watch List is a broader list of bills of interest to the Tennessee legal community. |
Find complete TBA legislative resources
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| U.S. Supreme Court |
| Court protects 'even hurtful speech' |
| The U.S. Supreme Court ruled today that the First Amendment protects the right of individuals who have been mounting anti-gay protests outside military funerals, despite the pain they cause grieving families. On an 8-1 vote with only Justice Samuel Alito dissenting, the court said, "As a nation we have chosen...to protect even hurtful speech on public issues to ensure that we do not stifle public debate." Alito countered saying, "Our profound national commitment to free and open debate is not a license for the vicious verbal assault that occurred in this case."
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Read more in the News Sentinel
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| Court: Judges not bound by prior sentencing decisions |
| The U.S. Supreme Court has ruled that judges should consider an inmate's rehabilitation at the time of resentencing, but are not bound by previous sentencing decisions. The decision came in the case of Jason Pepper, who served 24 months for conspiring to distribute methamphetamines before being sentenced to an additional 41 months. The defendant argued that the second judge should have been bound by the findings of the original sentence and should have given more weight to his post-incarceration rehabilitation.
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WRCB-TV has this AP story
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| Passages |
| Nashville lawyer dies |
| Nashville lawyer Philippa Thompson died March 1. Thompson graduated from the Nashville School of Law in 2009 and was licensed in 2010. Since beginning to practice law, she had been working as a solo practioner. Thompson was very active in the TBA as a student member and was a frequent volunteer at TBA events. Funeral arrangements will be published when they become available.
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| Upcoming |
| AG selection is topic for Federalist Society |
| The Nashville Chapter of The Federalist Society
presents a panel discussion on
"Attorney General Selection in Tennessee"
with
Sen. Mae Beavers,
state senator for the 17th District;
Paul Summers,
former Tennessee attorney general;
and
Ammon Smartt,
author of "A Report on Tennessee Attorney General Selection."
The event is
March 3 from noon to
1:30 p.m.
at
Waller Lansden Dortch & Davis LLP,
511 Union St. in Nashville.
Lunch will be served for $10. RSVP to nashville.fedsoc@gmail.com
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Learn more
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| UT Law holds minority student workshop Thursday |
| The University of Tennessee College of Law is holding a free event for high school students, college students, graduates and their advisors on Thursday, March 3, from 3 to 6:30 p.m. in Room 242. The session, which will feature the perspectives of law students, lawyers and admissions professionals, will help students explore and prepare for success in law school.
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See a schedule online
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| Career Opportunities |
| ERISA lawyer needed in Nashville |
| Special Counsel Inc. -- a legal staffing company -- is looking for a contract ERISA attorney to work 20 hours a week at a Nashville law firm. Qualified candidates should have top-tier credentials and 5-plus years of ERISA experience, and be well versed in executive compensation, benefits and all aspects of ERISA law. Send resumes to nashville@specialcounsel.com for consideration.
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Learn more on JobLink
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| TBA Member Services |
| Office Depot Discounts |
| Are you saving yet? Sign up for the TBA-Office Depot Program and begin saving. TBA Members receive significant discounts on office supplies from the store. |
Find out more
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Discontinue your TBA Today subscription? ... Surely not!
But if you must, visit the TBALink web site at:
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Questions, comments: Email us at TBAToday@tnbar.org
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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