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| Wednesday, May 11, 2011 |
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Diversity Job Fair draws strong support; sign up now
The first annual TBA Diversity Job Fair will be held Oct. 21-22 in Nashville. The event, an initiative of the TBA Committee on Racial & Ethnic Diversity (CRED), will provide Tennessee legal employers the opportunity to interview diverse 2L and 3L students from law schools in Tennessee and surrounding states. Sixteen law schools and 11 employers have already signed up to take part. Employers are asked to consider candidates for summer associate positions, clerkships during the academic year and associate attorney positions. Contact TBA Programs Administrator Lynn Pointer at lpointer@tnbar.org or (615) 383-7421 for more information or sign up online.
Learn more or register here to participate
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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
02 - TN Attorney General Opinions
00 - Judicial Ethics Opinions
00 - Formal Ethics Opinions - BPR
03 - 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.
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CNX GAS COMPANY, LLC v. MILLER PETROLEUM, INC., ET AL.
Court: TCA
Attorneys:
Martin B. Bailey, Wesley E. Shipe, and Charles W. Van Beke, Knoxville, Tennessee, for the appellant, CNX Gas Company LLC.
Stephen A. Marcum, Huntsville, Tennessee, for the appellee, Miller Petroleum, Inc.
Matthew J. Evans, Daniel C. Headrick, and Joshua R. Walker, Knoxville, Tennessee, for the
appellee, Atlas America, LLC.
Andrew L. Colocotronis, Knoxville, Tennessee, for the appellee, Wind City Oil and Gas, LLC.
Judge: MCCLARTY
This appeal involves a business transaction for the assignment of oil and gas leases. The parties are sophisticated in the oil and gas industry and include CNX Gas Company, LLC
("CNX"), Miller Petroleum, Inc. ("Miller"), Atlas America, LLC ("Atlas"), and Wind City Oil & Gas, LLC ("Wind City"). CNX and Miller entered into a binding Letter of Intent ("LOI") for the assignment of oil and gas leases owned by Miller. Prior to signing the LOI, CNX knew that the leases were the subject of pending litigation between Miller and Wind City. The letter of intent outlined the details of the transaction and a closing date. On the closing date, Miller refused to close the transaction with CNX, claiming that it did not have possession of the leases. Approximately one week later, Miller entered into a similar deal for the assignment of those leases with Atlas. The transaction between Miller and Atlas was worth substantially more than the transaction with CNX. Thereafter, CNX sued Miller for breach of contract; CNX also sued Atlas and Wind City for inducement to breach a contract. Miller and Atlas filed motions for summary judgment following discovery that involved depositions. After a hearing, the trial court granted summary judgment finding that the LOI
permitted Miller to opt out of the closing. CNX appeals. After reviewing the record, we find the trial court erred in granting summary judgment. The LOI only provided CNX with the
option to opt out of the transaction. Accordingly, we reverse.
http://www.tba2.org/tba_files/TCA/2011/cnx_051111.pdf
JAMES ERIC CRAIN v. CRST VAN EXPEDITED, INC.
Court: TCA
Attorneys:
James M. Crain, Knoxville, Tennessee, for the appellant, James Eric Crain.
Benjamin K. Lauderback, Knoxville, Tennessee, for the appellee, CRST Van Expedited, Inc.
Judge: SWINEY
This case stems from an employment contract dispute. James Eric Crain ("Crain") was terminated by his employer, CRST Van Expedited, Inc. ("CRST"). CRST demanded payment from Crain pursuant to a clause in his employment contract. Crain filed suit in the Knox County Chancery Court (the "Trial Court"), seeking, among other things, injunctive relief. CRST filed an answer and counterclaim in the Trial Court seeking damages, among other things. CRST also filed a lawsuit, based on the same facts and issues, against Crain in Iowa. CRST prevailed in the Iowa lawsuit before the suit in Tennessee went to judgment. CRST filed a motion for summary judgment in the Trial Court, which was granted. Crain appeals, raising a number of issues. We hold that the Trial Court did not err in granting CRST's motion for summary judgment relying on the doctrine of res judicata. We further hold that the Trial Court did not err in finding that CRST also was entitled to judgment as a matter of law pursuant to the Uniform Enforcement of Foreign Judgments Act. We affirm.
http://www.tba2.org/tba_files/TCA/2011/crainj_051111.pdf
CREATIVE LABEL, INC. v. DAVID TUCK, WEAKLEY COUNTY ASSESSOR OF PROPERTY, ET AL.
Court: TCA
Attorneys:
Richard L. Winchester and Stephen L. Anderson, Memphis, Tennessee, for the appellant, Creative Label, Inc.
Jeffery T. Washburn, Dresden, Tennessee, for the appellees, David Tuck, Weakley County Assessor of Property, Donald Doster, Weakley County Trustee, Dick Tidwell, Administrator
for the City of Martin, Tennessee, and Weakley County, Tennessee.
Robert E. Cooper, Jr., Attorney General and Reporter, Joseph F. Whalen Associate Solicitor General and Mary Ellen Knack, Senior Counsel, for the appellee, State of Tennessee Division of Property Assessments and The Tennessee State Board of Equalization.
Judge: FARMER
The trial court affirmed the determination of the State Board of Equalization that taxpayer's leasehold interest in tax-
exempt property belonging to an Industrial Development Board was not exempt from ad valorem taxation where the parties had executed a payment in lieu of taxes agreement under Tennessee Code Annotated section 7-53-305 as it existed during the relevant tax period. We affirm.
http://www.tba2.org/tba_files/TCA/2011/creativelabel_051111.pdf
JOHN HUGHES, JR. v. THE CITY OF MEMPHIS, ET AL.
Court: TCA
Attorneys:
Edgar Davison, Memphis, Tennessee, for the appellant, John Hughes, Jr.
Herman Morris, Jr., City Attorney, Zayid A. Saleem, Assistant City Attorney, Memphis, Tennessee, for the appellee, City of Memphis.
Judge: HIGHERS
An MPD patrolman appealed his "separation" from employment to the Civil Service Commission. The Commission found the separation was "administrative" in nature, and,
therefore, that it lacked jurisdiction to consider the appeal. The chancery court denied the patrolman's petition to reverse and/or modify the Commission's decision, and we affirm.
http://www.tba2.org/tba_files/TCA/2011/hughesj_051111.pdf
STATE OF TENNESSEE v. WAYNE C. BURKHART, JR.
Court: TCCA
Attorneys:
Steve Sams, Knoxville, Tennessee (on appeal); R. B. "Buddy" Baird, III, Rogersville, Tennessee (at trial), for the appellant, Wayne C. Burkhart, Jr.
Robert E. Cooper, Jr., Attorney General and Reporter; Benjamin A. Ball, Assistant Attorney General; William Paul Phillips, District Attorney General; and Amanda Sammons, Assistant District Attorney General, for the appellee, State of Tennessee.
Judge: WITT
A Claiborne County Criminal Court jury convicted the defendant, Wayne C. Burkhart, Jr., of three counts of aggravated child abuse, 11 counts of rape, and 11 counts of incest, and the trial court imposed a total effective sentence of 50 years' incarceration. In this appeal, the defendant challenges the sufficiency of the convicting evidence, the trial court's denial of his motion for a mistrial, and the propriety of consecutive sentencing. Discerning no error, we
affirm the judgments of the trial court.
http://www.tba2.org/tba_files/TCCA/2011/burkhartw_051111.pdf
Tennessee Executive Residence Preservation Foundation
TN Attorney General Opinions
Date: 2011-05-11
Opinion Number: 11-41
http://www.tba2.org/tba_files/AG/2011/ag_11_41.pdf
Constitutionality of Proposed "Lawful Immigration Enforcement Act"
TN Attorney General Opinions
Date: 2011-05-11
Opinion Number: 11-42
http://www.tba2.org/tba_files/AG/2011/ag_11_42.pdf
IN RE: NIMA FIUZAT, BPR 026301
Court: TSC-Disciplinary_Order
Judge: WADE
Reinstatement
http://www.tba2.org/tba_files/TSC/2011/fiuzatn_051111.pdf
IN RE: JOHN IRVING HOUSEAL III, BPR 023694
Court: TSC-Disciplinary_Order
Judge: WADE
Reinstatement
http://www.tba2.org/tba_files/TSC/2011/housealj_051111
IN RE: MADELEINE CHRISTIE SAVAGE-TOWNES, BPR 027517
Court: TSC-Disciplinary_Order
Judge: WADE
Reinstatement
http://www.tba2.org/tba_files/TSC/2011/savagetownesm_051111.pdf
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| TODAY'S NEWS |
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Legal News
Passages
Correction
Disciplinary Actions
TBA Member Services
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| Legal News |
| U.S. attorney announces new appointments |
| Ed Stanton, U.S. attorney for the Western Division of Tennessee, has completed a reorganization of the federal prosecutor's office that began last year with creation of a civil rights unit and hiring of additional lawyers to handle appeals. In the new appointments, Stanton named veteran federal prosecutor Larry Laurenzi as executive assistant U.S. attorney, Michell Kimbril-Parks as first assistant, Joe Murphy as Criminal Division chief, Jerry Kitchen as chief of the Organized Crime and Drug Enforcement Task Force, Kevin Ritz as special counsel and criminal appellate chief, and Vic Ivy as branch chief of the Jackson office. Harriett Halmon continues as chief of the Civil Division.
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The Memphis Daily News has more
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| Event honors Supreme Court, Duncan law student |
| The East Tennessee Lawyers Association for Women held a luncheon today in Knoxville to honor the members of the state Supreme Court. Chief Justice Cornelia A. Clark gave the keynote address, while Justice Sharon G. Lee presented an award and $1,000 scholarship to Duncan School of Law student Tammy Crayne. The award was given by the National Association of Women Judges (NAWJ) in recognition of Crayne's commitment to equality of opportunity and access in the justice system. Lee is district director of the NAWJ.
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Read more about the event from the AOC
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| Sentencing set for dealer who sold to ex-judge |
| Special Judge Jon Kerry Blackwood today set a June 3 sentencing hearing for Christopher Lee Gibson, who is charged with selling prescription painkillers to former Knox County Judge Richard Baumgartner. Gibson was on probation in Baumgartner's court for a 2007 aggravated assault conviction when the judge began buying painkillers from him.
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The News Sentinel reports
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| Federal court considers life sentences for juveniles |
| The 11th Circuit Court of Appeals is considering whether sentencing a juvenile to life in prison without parole violates the Constitution's ban on cruel and unusual punishment. The case of Kenneth Loggins, who was convicted of killing a hitchhiker when he was 17 years old, will test whether juveniles may be sentenced to life in prison for crimes resulting in death. The U.S. Supreme Court ruled in 2010 that juveniles could not be sentenced to life in prison without parole for non-homicide offenses.
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WKRN News has this AP story
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| Appeals court questions healthcare lawsuit |
| A U.S. appeals court on Tuesday questioned whether the state of Virginia could challenge President Barack Obama's healthcare law, asking whether states have the authority to reject a federal mandate. Virginia has passed a law barring the federal government from making its citizens buy insurance and has sued to strike down the federal law. Lawyers for the state argued they are within their rights because the healthcare law threatens Virginia's sovereignty. The case is the first of several challenges to the federal law to reach oral arguments at the appeals level.
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WREG.com has more
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| Help for writing briefs is 'blowing in the wind' |
| In a piece broadcast yesterday on National Public Radio, Robert Siegel talks to Alex Long, a professor at the University of Tennessee College of Law, who contends that Bob Dylan's song lyrics are used more than any other writer's in court opinions and briefs. The story chronicles Dylan's influence on today's legal community as his words are used to convey messages about how the law and the courts have gone astray.
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Read the article or listen to the interview
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| Passages |
| Memphis lawyer dies |
| Retired Memphis lawyer William M. Walsh died today at the age of 90. Walsh was a former partner at Hanover Walsh Jalenak & Blair -- the predecessor firm to Harris Shelton Hanover Walsh. He earned his law degree in 1948 from Vanderbilt University Law School and joined the firm after serving in World War II. Walsh practiced with the firm for some 60 years, specializing in litigation, especially condemnation cases. Funeral arrangements have not been announced yet. |
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| Correction |
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| An item in yesterday's issue about a House bill to cap non-economic damages linked to an incorrect bill number. The bill, a measure to place limits on payouts from successful lawsuits in Tennessee, is
HB2008. |
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| Disciplinary Actions |
| Hamilton County lawyer censured |
| Hamilton County lawyer Charles Edward Stanbery Jr. was censured on April 18 for taking on a case but not providing promised legal services. He also closed his office and could not be located by the client, who had to finalize the matter himself.
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Read the BPR's press release
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| Lawrence County lawyer censured |
| On April 27, Lawrence County lawyer Charles Matthew Bates was censured for settling a case without his client's approval, misrepresenting the fact that his client did not appear during a hearing, not being diligent in handling his cases, failing to properly supervise his assistant, and failing to communicate with a client. |
Read the BPR notice
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| Three lawyers reinstated after completing CLE hours |
| Atlanta lawyer Nima Fiuzat; John Irving Houseal III, a lawyer in Forrest City, Ark.; and Madeleine Savage-Townes of Cordova were reinstated to the practice of law this month after complying with requirements for continuing legal education. They were suspended on Sept. 7, 2010, for failing to meet 2009 CLE requirements.
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| TBA Member Services |
| New solutions for your insurance needs |
| Working with Graham Swafford III of Capital Financial Group, the TBA Member Insurance Solutions Program is able to provide members with exclusive benefits, personalized service, and pricing discounts for disability income insurance, business overhead expense insurance, life and long-term care insurance with other employee related benefits. TBA Member Insurance Solutions can also provide an objective review of your current health insurance program, evaluate your needs, and recommend the most cost effective solution. |
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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