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| Friday, March 25, 2011 |
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Revised tort revision bill released
Gov. Haslam's administration counsel, Herbert Slatery, this afternoon released recommended changes to the administration's proposal to place new limits on Tennessee's civil justice system. The proposal is in the form of an amendment that rewrites HB2008 by Rep. Gerald McCormick and SB1522 by Sen. Mark Norris. Among several changes, the amendment allows greater damages when there are certain catastrophic injuries, changes the treatment of contributions from collateral sources, clarifies the consumer protection changes, and makes the new law apply only to cases that accrue after Oct. 1. Read the full amendment or a version with strikes and underlines of changes to the original bill.
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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
04 - TN Court of Appeals
01 - TN Court of Criminal Appeals
00 - TN Attorney General Opinions
00 - Judicial Ethics Opinions
00 - Formal Ethics Opinions - BPR
04 - TN Supreme Court - Disciplinary Orders
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JERRY L. FOX v. JANET E. FOX
Court: TCA
Attorneys:
Stephen Walker Pate, Murfreesboro, Tennessee, for the appellant, Janet E. Fox.
John Richardson White, Shelbyville, Tennessee, for the appellee, Jerry L. Fox.
Judge: BENNETT
In a divorce action, Wife argues that the trial court erred in the amount of its award of periodic alimony and in failing to order Husband to pay her attorney fees. We find that Wife's periodic alimony should be increased to $3,000 per month. We also find that the trial court did not abuse its discretion in declining to award Wife attorney fees.
http://www.tba2.org/tba_files/TCA/2011/foxj_032511.pdf
SHEM MALMQUIST v. DANIELLE MALMQUIST
Court: TCA
Attorneys:
Danielle Malmquist, Pro se.
Shem Malmquist, Pro se.
Judge: FARMER
This is a divorce case involving a short-term marriage. The husband is a pilot at FedEx and the wife is highly educated. They have two children together. After less than five months of marriage, the husband filed for divorce alleging irreconcilable differences and inappropriate marital conduct. The wife counter-claimed, and unnecessarily protracted litigation ensued. The parties inundated the trial court with filings over a two-year period, many of which contained alarming but ultimately unproven accusations. After one transfer of the case and the withdrawal of many attorneys, the parties proceeded to trial during which they presented the live testimony of 30 witnesses and introduced 122
exhibits. The trial court awarded a divorce to both parties on the ground of inappropriate marital conduct, designated the husband as primary residential parent, granted the wife supervised visitation with the children twice a week, awarded the wife half of the 401k benefits the husband accrued
during the marriage, and provided the wife transitional alimony for four months. The wife appeals. We affirm.
http://www.tba2.org/tba_files/TCA/2011/malmquists_032511.pdf
TIMOTHY WANNAMAKER v. TOM B. THAXTON D/B/A THAXTON SURVEYING
Court: TCA
Attorneys:
Mark Allen Williams and Christopher Robert Stanford, Manchester, Tennessee, for the appellant, Timothy Wannamaker.
Christopher D. Cravens, Nashville, Tennessee, for the appellee, Tom B. Thaxton d/b/a Thaxton Surveying.
Judge: BENNETT
Landowner sued surveyor for damages due to an improperly prepared survey done for an adjacent landowner. The trial court granted surveyor's motion to dismiss based on the
application of the three-year statute of limitation found in Tenn. Code Ann. section 28-3-105. Landowner appealed, arguing that the limitation period is four years based on Tenn. Code Ann. section 28-3-114. We agree with landowner.
http://www.tba2.org/tba_files/TCA/2011/wannamkert_032511.pdf
KELLY WILLIAMS, et al., v. THE GREATER CHATTANOOGA PUBLIC TELEVISION CORPORATION, d/b/a WTCI-TV CHANNEL 45
Court: TCA
Attorneys:
Harry F. Burnette and Donna J. Mikel, Chattanooga, Tennessee, for the appellants, Kelly Williams, Robert Williams, Earlynn Schubert, and Barbara Dadswell.
N. Mark Kinsman and J. Chad Hogue, Chattanooga, Tennessee, for the appellee, The Greater Chattanooga Public Television Corporation, d/b/a WTCI-TV Channel 45.
Judge: FRANKS
The Trial Court granted summary judgment to the defendant on plaintiffs' causes of action, alleging discrimination by their employer and termination by the employer because of their
age, or that they suffered a retaliatory discharge. Upon review of the record, we conclude there is disputed material evidence as to the claims of each plaintiff, and reverse the summary judgment and remand to the Trial Court.
http://www.tba2.org/tba_files/TCA/2011/williamsk_032511.pdf
MACK TREMAINE JONES v. STATE OF TENNESSEE
Court: TCCA
Attorneys:
R. Todd Mosley, Memphis, Tennessee, for the appellant, Mack Tremaine Jones.
Robert E. Cooper, Jr., Attorney General and Reporter; David H. Findley, Assistant Attorney General; William L. Gibbons, District Attorney General; and Kevin Rardin, Assistant District Attorney General, for the appellee, State of Tennessee.
Judge: SMITH
Petitioner, Mack Tremaine Jones, was convicted of one count of first degree murder and nine counts of attempted first degree murder. As a result, Petitioner was sentenced to life in
prison for the first degree murder conviction and twenty-two years for each of the nine counts of attempted first degree murder. The sentences were ordered to be served concurrently. Petitioner's convictions and sentences were affirmed on appeal. See State v. Mack Tremaine Jones, No. W2005-00014-CCA-R3-CD, 2007 WL 1840798 (Tenn. Crim. App., at Jackson, June 27, 2008), perm. app. denied, (Tenn. Oct. 15, 2007). Petitioner subsequently sought post-
conviction relief, on the basis that he received ineffective assistance of counsel. After a hearing, the post-conviction court denied relief. Petitioner has appealed. On appeal, we
determine that Petitioner has failed to show that he received ineffective assistance of counsel. Accordingly, the judgment of the post-conviction court is affirmed.
http://www.tba2.org/tba_files/TCCA/2011/jonesm_032511.pdf
IN RE: RICHARD R. BAUMGARTNER, BPR 005980
Court: TSC-Disciplinary Order
Judge: CLARK
Supension
http://www.tba2.org/tba_files/TSC/2011/baumgartnerr_032511.pdf
IN RE: JOHN HERBISON, BPR 012659
Court: TSC-Disciplinary Order
Judge: CLARK
Suspension
http://www.tba2.org/tba_files/TSC/2011/herbisonj_032511.pdf
IN RE: KEITH A. POPE, BPR 014146
Court: TSC-Disciplinary Order
Judge: CLARK
Reinstatement
http://www.tba2.org/tba_files/TSC/2011/popek_032511.pdf
IN RE: FERNANDO JOSE RAMOS, BPR 011105
Court: TSC-Disciplinary Order
Judge: CLARK
Suspension
http://www.tba2.org/tba_files/TSC/2011/ramosf_032511.pdf
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| TODAY'S NEWS |
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Legal News
General Assembly News
Disciplinary Actions
TBA Member Services
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| Legal News |
| Sixth Circuit case brings attention to ADA issue |
| A recent opinion out of the Sixth Circuit Court of Appeals on a Tennessee case has stirred up considerable interest in employment law blogs across the country. The March 17 opinion from Judge Merritt in Lewis v. Humboldt Acquisition Corp. brought renewed attention to the court's standard for bringing a discrimination claim under the Americans with Disabilities Act. Read more from the Sixth Circuit Appellate Blog or the Management Rights Blog or the Employer Law Report. Attorneys in the case are Michael L. Weinman of Jackson for the appellant and Nashville lawyers James K. Simms IV and J. Cole Dowsley Jr. for the appellee.
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| Blackwood to preside at torture-slaying trials |
| A trial that was derailed when former Judge Richard Baumgartner resigned his seat is back on track today with Special Judge Jon Kerry Blackwood taking it on. Presiding Knox County Criminal Court Judge Mary Beth Leibowitz announced at a hearing this morning that Blackwood will take over the ongoing cases of four defendants convicted in the January 2007 torture-slayings of Channon Christian and Christopher Newsom. |
The News Sentinel has more
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| Felon gets job at law firm, accesses trust accounts |
| A man with a record of 15 felony convictions somehow managed to get access both to an unidentified St. Louis law firm's trust account and the "credit and financial accounts" of Washington University and its alumni. Allen Dean Ritchie, 42, was caught when the Social Security Administration discovered that Ritchie, who was pretending to be an attorney at the victimized law firm, was trying to get $12,000 for a prison inmate last year. He pleaded guilty yesterday. |
The ABAJournal tells you more
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| General Assembly News |
| You won't be an 'idiot,' under this bill |
| Under a bill sent to Gov. Bill Haslam on Thursday, Tennessee laws would no longer include terms such as "idiot," "lunatic," "mentally retarded" and "handicapped." Sponsors of the legislation, however, hesitated when it came to changing one law that forbids issuing marriage licenses when the applicants appear to be "drunk, insane or an imbecile." Those restrictions will stay in place as is. |
The Times Free Press looks at it
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| Disciplinary Actions |
| Knoxville lawyer reinstated |
| Knoxville attorney Keith A. Pope was reinstated to the practice of law on March 9. He had been suspended on Jan. 31 for noncompliance with a Tennessee Lawyers' Assistance Program Monitoring Agreement. His reinstatement is subject to two conditions: that he submit to hair tests at least every two months and that he undergo counseling.
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Download the court's order
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| Nashville lawyer suspended |
| Nashville attorney John E. Herbison was suspended by the Tennessee Supreme Court for 11 months and 29 days for violating disciplinary rules by neglecting a client's file and failing to communicate with the same client with regard to a petition for post-conviction relief. Imposition of his suspension was suspended in conjunction with an 11-months and 29-day period of probation.
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Read the court order
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| Nashville lawyer suspended |
| Nashville attorney Fernando Jose Ramos was suspended for three years by the Tennessee Supreme Court on March 22. Ramos was held in contempt for failing to follow an order requiring him to reimburse the Administrative Office of the Court for interpreter's fees and provide proof of payment to the court. The court also found that he failed to properly supervise non-lawyer assistants and failed to communicate with his clients. In addition to the suspension imposed by the Supreme Court on March 22, Ramos is also serving an earlier suspension imposed by the court on July 8, 2009. |
Read the court order
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| TBA Member Services |
| New solutions for your insurance needs |
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Learn more about TBA Insurance Solutions now
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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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