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| Tuesday, May 17, 2011 |
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Amendments shake up pretrial diversion, Court of Judiciary
With the General Assembly racing to try to finish its 2011 session this week, the Senate Judiciary Committee today spent more than an hour hearing testimony from prosecutors and defense lawyers battling over the end of the state's pretrial diversion statute. In the end, the committee recommended an amendment to SB1234 to allow pretrial diversion only when the charge is a misdemeanor.
-- An amendment to SB1088 by Senate Judiciary committee chair Mae Beavers, R-Lebanon, would restructure the Court of Judiciary, passing all control of the body to the two speakers and stripping the governor of appointments passed out of the Senate panel. The bill may face rougher going in the House. Read more in The City Paper.
-- The bill by Sen. Stacey Campfield, R-Knoxville, to abolish the Tennessee Plan and require contested, partisan election of judges, SB127, was apparently removed from consideration this year in the Senate Finance committee.
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TODAY'S OPINIONS
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JOSHUA COOPER, ET AL. v. LOGISTICS INSIGHT CORP., ET AL.
Court: TCA
Attorneys:
Daniel Carlton Todd, Nashville, Tennessee, for the appellants, MasterStaff, Inc. and Discover RE.
Mark A. Baugh, Marnee L. Baker, and Scott D. Carey, Nashville, Tennessee, for the appellees, Logistics Insight Corp., ProLogistics, Inc., and Joe Murray.
Michael Ben Moore, II and Clifton B. Sobel, Jr., Nashville, Tennessee, at trial for the plaintiffs, Joshua Cooper and Destiny Cooper.
Judge: DINKINS
This appeal arises out of a personal injury lawsuit, wherein plaintiff filed suit for injuries suffered in the course of his employment. Plaintiff's employer was allowed to intervene to assert a subrogation lien to recover workers' compensation benefits paid to plaintiff. Plaintiff settled his claim against the defendants, and an order of voluntary dismissal was entered. The intervenors moved to set the case for trial, asserting that the settlement between plaintiffs and defendants was negotiated without the consent of the
intervenors and did not take into account plaintiff's future medical expenses, for which intervenors would be responsible. The trial court granted the intervenors' motion to set the case for trial, but subsequently dismissed the intervening petition, finding that the settlement resolved all claims against the defendants and that the intervening petition failed to state a claim upon which relief could be granted. Finding that dismissal of the intervening petition
was error, the judgment of the trial court is reversed and the case remanded.
http://www.tba2.org/tba_files/TCA/2011/cooperj_051711.pdf
Statute of Limitations Regarding Physician Discipline
TN Attorney General Opinions
Date: 2011-05-17
Opinion Number: 11-43
http://www.tba2.org/tba_files/AG/2011/ag_11_43.pdf
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| TODAY'S NEWS |
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Legal News
Passages
General Assembly News
TBA Member Services
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| Legal News |
| Hawkins judge airlifted to hospital from golf course |
| Hawkins County Sessions Judge David Brand suffered a medical emergency Monday afternoon while playing golf and was rushed to Johnson City Medical Center, where he underwent surgery. Sources told the Times-News his heart stopped and he was revived on the course by another player while EMS was on the way. Brand has been a sessions judge for 18 years and previously served as Hawkins County Juvenile Court judge. |
Learn more from the Kingsport Times-News
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| Torrence turns in car, faces council Thursday |
| Davidson County Criminal Court Clerk David Torrence has turned in his county-issued car that he had been using to go to a bank and a liquor store during work hours.
Channel 4's I-team found Torrence working in the yard on days when he's paid to be in the office and driving that county-issued car to run personal errands.
"I go to the bank and pick up my wife and a couple bottles of wine and come home," Torrence told the I-Team a few weeks ago.
The city council will hear a resolution that calls for him either to resign or be removed from office by the district attorney, and Thursday he goes before the council to address why he hasn't turned in budget information for two years. |
WSMV has more on this story
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| Mediator sued after couple divorces |
| Mediation counselor Diane Marshall is facing a $15 million suit from the ex-wife of a couple whose divorce she mediated.
The woman who filed the suit, Isla Waters of Nashville, is asking a Williamson County judge to agree that Marshall's actions carried enormous consequences.
She claims that Marshall inappropriately advised the ex-husband to seek a restraining order, which Waters claims set off a domino effect that resulted her losing her job and being falsely arrested. |
The Tennessean has the story
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| Opinions on Paine's Belle Meade membership abound |
| The New York Times weighs in on the Belle Meade Country Club membership of Judge George C. Paine II, the chief bankruptcy judge in Nashville. A panel of the U.S. Court of Appeals for the Sixth Circuit ruled last month that Paine could keep his membership in the club, even though it does not accept women or minorities as voting members.
Saying "The ruling opens windows on two odd institutions" -- meaning Belle Meade and the the 6th Circuit, describing the court as "surely the most dysfunctional federal appeals court in the nation." |
Read the story
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| Winklevoss's not done with Facebook, will appeal |
| On Monday, the 9th U.S. Circuit Court of Appeals rejected further appeals from Cameron and Tyler Winklevoss, Harvard-educated twin brothers who claim Facebook founder Mark Zuckerberg duped them out of the idea for the social networking website. They now say they will appeal to the U.S. Supreme Court.
Last month, the 9th Circuit ruled that the Winklevoss twins cannot unravel a 2008 settlement agreement with Zuckerberg that gave them $20 million in cash and stock options now valued at more than $100 million. |
The ABAJournal tells you more
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| Passages |
| Services set for Memphis lawyer Bill Domico |
| Services for Memphis attorney William Donald (Bill) Domico, who died suddenly May 15, will be
at St. Philip Episcopal Church on May 19 at 4 p.m. Visitation will be at Memorial Park Funeral Home from 5-7 p.m. on May 18. The family requests that in lieu of flowers donations be made to Memphis Oral School for the Deaf or to an education fund for Mr. Domico's two children through Memphis Area Teachers Credit Union.
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Read his obituary in the Commercial Appeal
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| General Assembly News |
| Bill would have victim fee collected in Knox |
| The Victims Assistance Fund was approved by the state legislature several years ago, but has not applied to Knox County.
But now, a bill that approves the fee for Knox County
has passed the House and is now headed to the Senate floor. It was written by Rep. Ryan Haynes, R-Knoxville,
The money would help domestic violence victims at the Family Justice Center in Knoxville. |
WBIR carried this story
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| TBA Member Services |
| Think FedEx first |
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Take advantage of your member discounts on select FedEx shipping services and FedEx Office business services
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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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