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| Monday, April 04, 2011 |
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8 apply for Knox seat to replace Baumgartner
Eight Knoxville attorneys have applied to fill the judicial vacancy in the 6th Judicial District Criminal Court created by the resignation of Judge Richard Baumgartner.
The Judicial Nominating Commission will hold a public meeting on April 26 to interview the following candidates:
-- Charles Cheatwood Burks, Justice, Noel & Burks;
-- Ta Kisha Fitzgerald, Knox County District Attorney General's Office;
-- G. Scott Green, Valliant, Harrison, Schwartz, & Green PA;
-- James D. Holley Jr., Knox County District Attorney General's Office;
-- Andrew Jackson VI, Knox County General Sessions judge, Division IV;
-- Leland L. Price, Knox County District Attorney General's Office
-- Randall E. Reagan, The Law Office of Randall E. Reagan; and
-- Steven Wayne Sword, Knox County District Attorney General's Office.
The AOC has more
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TODAY'S OPINIONS
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00 - TN Worker's Comp Appeals
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SUPREME COURT DISCRETIONARY APPEALS Grants & Denials List
Court: TSC
http://www.tba2.org/tba_files/TSC/2011/certlist_040411.pdf
JEFF BURKHART v. CITY OF CLARKSVILLE, TENNESSEE, ET AL.
Court: TCA
Attorneys:
Alfred Russell Willis, Nashville, Tennessee, for the appellant, Jeff Burkhart.
William Timothy Harvey, Clarksville, Tennessee, for the appellees, the City of Clarksville and Johnny Piper, Mayor.
Judge: DINKINS
Assistant Chief Shift Commander of city fire department appeals trial court affirmance of hearing committee's finding of just cause for his termination. Finding that the trial court
appropriately applied the proper standard of review, we affirm the trial court's judgment.
http://www.tba2.org/tba_files/TCA/2011/burkhaltj_040411.pdf
DOROTHY WATSON v. ROBERT L. PAYNE, JR.
Court: TCA
Attorneys:
William Kennerly Burger, Murfreesboro, Tennessee, for the appellant, Dorothy Watson.
James P. Catalano, Nashville, Tennessee, for the appellee, Robert L. Payne, Jr.
Judge: FARMER
The jury in this personal injury action returned a verdict awarding Plaintiff damages in the amount of "zero." The trial court denied Plaintiff's motion for a new trial or, in the
alternative, for additur. We vacate the trial court's order denying Plaintiff's motion for a new trial or additur, and remand.
http://www.tba2.org/tba_files/TCA/2011/watsond_040411.pdf
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| TODAY'S NEWS |
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Passages
Legal News
General Assembly News
TBA Member Services
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| Passages |
| Former Gov. McWherter dies |
| Former Tennessee governor Ned Ray McWherter died today at Centennial Hospital in Nashville, according to a spokesman for his office. He was 80.
U.S. Sen. Lamar Alexander was among those offering condolences. "When I became governor, Ned McWherter said 'I'm going to help him, because if he succeeds, our state succeeds,'" Alexander, a Republican said of the Democrat McWherter. "He was true to his word. That bipartisan spirit symbolized Ned's entire career. He was one of our state's finest public servants, and a close friend. I will greatly miss him." Gov. McWherter served as governor of Tennessee from 1987 to 1995. |
The City Paper has more
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| Legal News |
| Editorial: Leave attorney general selection as it is |
"Tennessee's unique system of selecting its attorney general works very well and does not need to be redefined," an editorial in The Tennessean said this weekend. While some legislators are pushing to have the AG popularly elected or appointed by the governor, and others are calling for a solicitor general to be chosen by the legislature, the paper says that "none of those ideas should see the light of day."
Accompanying the editorial was an opinion piece by Sen. Mae Beavers that said the office is not accountable and is open to potential conflicts of interest. Also part of the package was an opinion piece from former Attorney General Paul Summers. He wrote that the office is currently not political and that "hybrid schemes," like a statutory solicitor general have constitutional problems, including separation-of-powers violations.
"Few, if any, strong arguments exist as to why the system should change after 141 years," Summers writes.
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| MALS elects new board officers |
| Memphis attorney Sean A. Hunt was recently elected president of Memphis Area Legal Services. He succeeds Center City Commission President Paul H. Morris, who will now serve as immediate past president. Hunt is a graduate of Tennessee State University and Vanderbilt University School of Law. He was with Spicer, Flynn & Rudstrom before forming his own firm. Jonathan Hancock, a shareholder with Baker, Donelson, Bearman, Caldwell & Berkowitz PC was elected vice president; Byron Winsett, Shelby County District Attorney's Office, treasurer; and Dancy McKinney-Parker, secretary, client representative. |
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| How accurate are court's drug tests? |
| A commentary in the Cannon Courier points to a recent incident where a pregnant woman tested positive for drugs, but then two blood tests, which are apparently more accurate, came up negative. The paper
asks, how accurate are the urine tests being administered in court? |
Read more
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| 'Red Shoe Party' raises money for CASA |
| Court Appointed Special Advocates' annual Red Shoe Party on Saturday was the organization's biggest annual fundraiser, helping it train the volunteers who are appointed by judges to advocate for children in court.
CASA has more than 200 trained and dedicated advocates who help CASA serve Nashville's children.
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The Daily News Journal has more from one CASA volunteer
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| DOJ says health care requirement is 'rational' |
| The federal health-care overhaul's core requirement to make most citizens buy health insurance or face tax penalties is constitutional because Congress has the authority to regulate interstate business, the Justice Department said in its appeal of a ruling that struck down the Obama administration's signature legislation.
The government's 62-page motion filed Friday to the 11th Circuit Court of Appeals argued that Congress had the power to enact the overhaul's minimum coverage requirements because it is a "rational means of regulating the way participants in the health care market pay for their services." |
The Tennessean carried this AP story
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| General Assembly News |
| Editorials question Ramsey position on judicial elections |
A Chattanooga Times Free Press editorial uses strong words -- insulting, deceitful, harmful and unworthy of consideration -- to express just how much attention it believes should be given to Lt. Gov. Ron Ramsey's recent proposal to Supreme Court Justice Connie Clark.
"It would be foolish to trust the lieutenant governor's latest ploy to sabotage appellate court elections," the paper writes, adding that "there's no need for a constitutional amendment to bless the present election-retention system. Having been sanctioned twice by the Supreme Court, it already rests on solid legal footing."
The Johnson City Press also voices disagreement with Gov. Ramsey. While the paper says it has agreed with Ramsey in the past on the need for more transparency in the selection process and for more diversity on the selection committee, it editorializes that "We can't, however, go along with calls to put these positions on the ballot."
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| TBA Member Services |
| Health savings accounts now available |
| The TBA has partnered with First Horizon Msaver Inc. to offer Health Savings Accounts (HSAs) and HSA-qualified health plans for individuals and groups to members. HSAs are tax-advantaged accounts that let you set aside money to pay for current and future medical expenses. For more information, or to obtain an instant quote for an HSA-qualified health plan, call the TBA's dedicated toll-free customer care line at (866) 257-2659 or visit the TBA member web site.
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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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