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Wednesday, April 27, 2011

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Senate Judiciary adopts governor's tort bill

The Senate Judiciary Committee on Tuesday recommended SB1522, Gov. Bill Haslam's proposal known as the "Civil Justice Reform Act." The committee turned back several efforts to modify the bill, including one from Sen. Doug Overbey, R-Maryville, that would have increased the limits on non-economic damages to $1.25 million.

Follow action on the bill

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
04 - TN Court of Criminal Appeals
03 - TN Attorney General Opinions
00 - Judicial Ethics Opinions
00 - Formal Ethics Opinions - BPR
01 - TN Supreme Court - Disciplinary Orders

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.

IN RE: LANDON A. F.

Court: TCA

Attorneys:

Jodi Ellen Melind, Brentwood, Tennessee, for the appellant, Cassie Jo Fox.

Richard L. Dugger, Shelbyville, Tennessee, for the appellee, Nick H. Ford.

Judge: COTTRELL

The mother of a nine year old boy filed a Rule 60 motion to vacate an "agreed order" that granted extensive visitation rights to the boy's father. The order in question was signed by the father's attorney and was presented to the trial judge without the mother's signature and without the mother being present. Earlier, the mother had refused to sign the order, claiming that its terms deviated significantly from the agreement the parties actually reached. The trial court signed the document and subsequently denied the mother's Rule 60 motion. We reverse the trial court.

http://www.tba2.org/tba_files/TCA/2011/landonaf_042711.pdf

TIMOTHY SCHWANDNER v. DANA S. HIGDON

Court: TCA

Attorneys:

James R. Kennamer, Chattanooga, Tennessee, for the appellant, Timothy Schwandner.

Michael Ross Campbell, Chattanooga, Tennessee, for the appellee, Dana S. Higdon.

Judge: COTTRELL

The driver of a car suddenly passed out, causing her vehicle to strike a stopped pickup truck and seriously injure its driver. The pickup driver sued, and the defendant filed a motion for summary judgment, arguing that she was not liable for the plaintiff's injuries because her sudden loss of consciousness was unforeseeable. Since it was undisputed that prior to the accident the defendant had not eaten during a full day of busy activity, the plaintiff argued that it was foreseeable that the she would lose consciousness. The trial court did not agree, and it granted the defendant's motion. We affirm the trial court.

http://www.tba2.org/tba_files/TCA/2011/schwandnert_042711.pdf

T. VERNER SMITH v. JERRY F. GARDNER

Court: TCA

Attorneys:

Beau Edward Pemberton, Dresden, Tennessee, for the appellant, Jerry F. Gardner.

Louis W. Ringger, Jr., Jackson, Tennessee, for the appellee, T. Verner Smith.

Judge: HIGHERS

This appeal involves a suit for dissolution of a real estate partnership. The defendant-appellee also filed several counterclaims against the plaintiff, who is an attorney. After a bench trial, the trial court dissolved the partnership and found that the defendant-appellant was liable for one-half of the partnership's debts and expenses. The court dismissed the counterclaims. We affirm.

http://www.tba2.org/tba_files/TCA/2011/smitht_042711.pdf

STATE OF TENNESSEE v. JESSICA LEE CLARK

Court: TCCA

Attorneys:

Philip A. Condra, District Public Defender and Robert G. Morgan, Assistant Public Defender, Jasper, Tennessee, for the appellant, Jessica Lee Clark.

Robert E. Cooper, Jr., Attorney General and Reporter; Brent C. Cherry, Assistant Attorney General; J. Michael Taylor, District Attorney General; and Steven M. Blount and William Copeland, Assistant District Attorneys General, for the appellee, State of Tennessee.

Judge: SMITH

The Franklin County Grand Jury indicted Appellant, Jessica Lee Clark, for one count of driving under the influence ("DUI"), one count of violation of the implied consent law, and one count of reckless driving. Appellant was convicted of DUI by a jury and the trial court determined she had violated the implied consent law. She was acquitted of the reckless driving charge. The trial court sentenced Appellant to eleven months and twenty-nine days to be served on probation except for seven days to be served in confinement. Appellant appeals her DUI conviction. On appeal, Appellant argues that the evidence presented that she was intoxicated through the ingestion of alcohol is not sufficient evidence to support her conviction because the use of the term "intoxicant" in Tennessee Code Annotated section 55-10-401(a)(1) requires evidence of the use of an intoxicant other than alcohol. We conclude that the term "intoxicant" as used in Tennessee Code Annotated section 55-10-401(a)(1) does include alcohol and that Appellant's argument is without merit. Therefore, we affirm the judgment of the trial court.

http://www.tba2.org/tba_files/TCCA/2011/clarkj_042711.pdf

STATE OF TENNESSEE v. COURTNEY PARTIN

Court: TCCA

Attorneys:

Douglas A. Trant, Knoxville, Tennessee, for the appellant, Courtney Partin.

Robert E. Cooper, Jr., Attorney General and Reporter; John H. Bledsoe, Senior Counsel; William Paul Phillips, District Attorney General; and Michael O. Ripley, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: TIPTON

This case is before the court after remand to the Campbell County Criminal Court for resentencing. The Defendant, Courtney Partin, was convicted by a Campbell County Criminal Court jury of attempted first degree murder, a Class A felony, and two counts of aggravated assault, a Class C felony. See T.C.A. sections 39-13-202 (Supp. 2001) (amended 2002, 2007), 39-13-102 (Supp. 2001) (amended 2002, 2005, 2009, 2010). The trial court merged one count of aggravated assault with the attempted first degree murder because the offenses involved the same victim and sentenced the Defendant as a Range I, standard offender to twenty-two years' confinement for attempted first degree murder and to four years' confinement for aggravated assault, to be served concurrently. On appeal, the Defendant contends that the trial court erred during sentencing by beginning its sentencing consideration at the midpoint in the applicable range. We affirm the judgments of the trial court.

http://www.tba2.org/tba_files/TCCA/2011/partinc_04211.pdf

STATE OF TENNESSEE v. CARLIE D. SCHOENTHAL

Court: TCCA

Attorneys:

Johnny D. Houston, Jr. and Meredith M. Ziebold, Chattanooga, Tennessee, for the appellant, Carlie D. Schoenthal.

Robert E. Cooper, Attorney General and Reporter; Clarence E. Lutz, Assistant Attorney General; William H. Cox, III, District Attorney General; and C. Matthew Rogers, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: THOMAS

The Defendant, Carlie D. Schoenthal, pled guilty to one count of driving under the influence (DUI), first offense, reserving a certified question of law for appellate review pursuant to Tennessee Rule of Criminal Procedure 37(b)(2). The Defendant contends that the trial court erred in denying her motion to suppress the evidence resulting from the traffic stop. Following our review, we affirm the judgment of the trial court.

http://www.tba2.org/tba_files/TCCA/2011/schoenthalc_042711.pdf

STATE OF TENNESSEE v. NICOLE SPATES

Court: TCCA

Attorneys:

Lauren Pasley-Ward, Memphis, Tennessee, for the appellant, Nicole Spates.

Robert E. Cooper, Jr., Attorney General and Reporter; Benjamin A. Ball, Assistant Attorney General; William L. Gibbons, District Attorney General; and Pamela Fleming, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: MCLIN

A Shelby County jury convicted the defendant, Nicole Spates, of aggravated robbery, a Class B felony, and especially aggravated kidnapping, a Class A felony. The trial court sentenced her, as a Range I standard offender, to serve an effective twenty-year sentence in the Tennessee Department of Correction. On appeal, the defendant argues that: (1) the evidence at trial was insufficient to convict her of especially aggravated kidnapping; (2) the dual convictions for especially aggravated kidnapping and aggravated robbery violate the Due Process Clause of the Tennessee Constitution; (3) the trial judge erred by granting the state's request for a special jury instruction; and (4) her sentence is excessive, and the court misapplied enhancement factors. After a thorough review of the record, the parties' briefs, and the applicable law, we affirm the judgments of the trial court.

http://www.tba2.org/tba_files/TCCA/2011/spatesn_042711.pdf

Equal Access to Intrastate Commerce Act

TN Attorney General Opinions

Date: 2011-04-27

Opinion Number: 11-36

http://www.tba2.org/tba_files/AG/2011/ag_11_36.pdf

Authority to Close and/or Consolidate Schools

TN Attorney General Opinions

Date: 2011-04-27

Opinion Number: 11-37

http://www.tba2.org/tba_files/AG/2011/ag_11_37.pdf

Altering Term of County Assessor

TN Attorney General Opinions

Date: 2011-04-27

Opinion Number: 11-38

http://www.tba2.org/tba_files/AG/2011/ag_11_38.pdf

RE: JACK CASE WILSON, BPR 011734

Court: TSC-Disciplinary_Order

Reinstatement; Request for Inactive Status Granted

http://www.tba2.org/tba_files/TSC/2011/wilsonj_042711.pdf

TODAY'S NEWS

Legal News
General Assembly News
Upcoming
U.S. Supreme Court
Disciplinary Actions
TBA Member Services

Legal News

New employment law firm opens Nashville office

Littler Mendelson PC, the nation's largest employment and labor law firm representing management, is opening a Nashville office to be staffed with two new shareholders: Jennifer Robinson and C. Eric Stevens. Robinson, a graduate of the Vanderbilt University Law School, formerly worked at Miller & Martin and the California firms of Brobeck, Phleger & Harrison and Hanson, Bridgett, Marcus, Vlahos & Rudy. Stevens, also a Vanderbilt law graduate, previously was a member at Miller & Martin.

Federal court issues order on electronic devices

The U.S. District Court of the Middle District of Tennessee today issued a new order governing the use of electronic devices in courthouses in the district. According to the order, cell phones, pagers, laptops, cameras, PDAs or any device capable of recording audio or visual images are prohibited in court unless specifically authorized by the judge. The devices may be used in public corridors, conference rooms and other designated areas only if they have been properly examined through x-ray and/or visual inspection. The order applies to federal courthouses in Nashville, Columbia and Cookeville.

Download the order

Farris Bobango donates $100,000 to Memphis Law

The Memphis law firm of Farris Bobango Branan has donated a gift of $100,000 to the University of Memphis School of Law to recognize an outstanding faculty member each year, and to name a study room in the school's student center. The award will go to a faculty member selected by the law school dean in consultation with the firm and will be presented each year during commencement ceremonies.

Read the firm's press release

ACLU claims Sumner schools promote religion

A complaint filed by the American Civil Liberties Union on behalf of three Sumner County families accuses the local school board of promoting Christianity in violation of the U.S. Constitution. The school board has hired the American Center for Law and Justice, a nonprofit law firm, to represent it in the complaint and any future litigation.

The Tennessean reports

Knoxville lawyer named election administrator

Knoxville attorney Clifford Rodgers has been named the new administrator of elections for Knox County. Rodgers, 57, previously worked as a law clerk for the late Senior U.S. District Judge James Jarvis and Chief U.S. District Judge Curtis L. Collier. As election chief, he'll help oversee the City of Knoxville elections and redistricting.

The News Sentinel has more

Law school applications reworked for the blind

Online law school applications will soon be useable by the blind under a court settlement obtained by the U.S. Justice Department. The National Federation of the Blind had sued the Law School Admission Council complaining that its online application service wasn't compatible with screen readers the blind use to navigate the Internet. The Justice Department brokered a settlement in which the council will make applications fully accessible for the fall 2012 admissions process. The department also is negotiating agreements with individual law schools to advertise how blind students may apply by phone until the online application is fully functional.

WRCB-TV Chattanooga has this story from the AP

General Assembly News

Judiciary Committee approves new terrorism bill

A contentious proposal that would authorize the governor and attorney general to decide whether an entity is a terrorist organization passed the House Judiciary Committee 12-4 on Tuesday after assurances from the sponsor that the measure does not target Muslims. The original proposal sought to make it a felony to follow some versions of the Islamic code known as Shariah, but the measure was later amended to strip out any reference to a specific religion.

The Memphis Daily News has this AP story

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

Upcoming

Community Legal Center fundraiser set

The Community Legal Center in Memphis will hold its 11th annual fundraiser on June 2 at Theatre Memphis. Starting at 6 p.m., the event will feature cocktails, hors d'oeuvres and a silent auction, followed by a performance of "Crazy For You" at 7:30 p.m. Tickets are $40 and proceeds go to the center, which provides civil legal representation and educational programs for clients who cannot afford to hire a lawyer. For more information or to purchase a ticket, contact Meg Jones at (901) 544-7000.

U.S. Supreme Court

Court imposes limits on class actions

The Supreme Court on Wednesday limited the ability of people to combine forces and fight corporations together when they want to dispute contracts for cell phones, cable television and other services -- a move consumer advocates called a crushing blow. In a 5-4 split, the high court said businesses can block their customers from using class actions, and that federal arbitration law trumps state laws that invalidate contracts banning class actions.

Disciplinary Actions

Nashville lawyer pays fee, requests inactive status

Nashville lawyer Jack Case Wilson was reinstated to the practice of law on April 19 after paying his Board of Professional Responsibility registration fee and associated late penalties. At the same time, the court approved Wilson's request to move his license to inactive status. While on inactive status, Wilson may not practice law in Tennessee.

Read the BPR's letter

TBA Member Services

Secure, compliant data backup now available

The TBA's official data protection, backup and recovery vendor of choice, i365, offers secure online backup solutions. i365 minimizes downtime by backing up files quickly and easily, and helps lawyers remain compliant by maintaining file integrity. Get i365 and be confident your data is securely stored and protected. TBA members enjoy a 10 percent savings on all services. For more information on this member benefit Denise Lucas at (407) 523-9774.

Learn why lawyers trust i365 for online data backup solutions

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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.