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Friday, June 03, 2011

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Supreme Court case could reshape alimony payments

The Tennessee Supreme Court soon will decide whether a woman earning $72,000 a year should get alimony for the rest of her life, or until she remarries, in a bitter divorce case involving a Sumner County couple. Lifetime alimony is often awarded to women who have sacrificed their careers for family. This case will test what payment if any should be awarded to a spouse who has worked throughout the marriage but still makes less money than the partner.

The Tennessean has the story

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.

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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.

DALTON REB HUGHES ET AL. v. THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY, TENNESSEE ET AL.
CORRECTED OPINION

Court: TSC

Attorneys:

Kevin C. Klein, Andrew David McClanahan, James William Jefferson Farrar, Melissa S. Roberge, and Sue Cain, Nashville, Tennessee, for the appellants, Metropolitan Government of Nashville and Davidson County, Tennessee.

Irene Regina Haude and Michael Joseph Flanagan, Nashville, Tennessee, for the appellee, Frank Archey.

Joe Mann Haynes, Goodlettsville, Tennessee, for the appellees, Dalton Reb Hughes and Sandra Hines Hughes.

Judge: WADE

CORRECTION SUMMARY
This corrected opinion makes the following changes to the original opinion:
1. Within footnote 6 on page 10, "Tenn. Farmers Mut. Ins. Co." is changed to "Tennessee Farmers Mutual Insurance Co.";
2. On page 17, second-to-last line before Section III heading, "confirmed" is changed to "affirmed"; and
3. On page 22 in the final paragraph (Conclusion), "the intentional assault of tort" is changed to "the intentional tort of assault"

OPINION SUMMARY
After being injured when he jumped out of the path of a front-end loader owned by a governmental entity and operated by its employee, the plaintiff filed suit, claiming that the employee either was negligent in his operation of the equipment or had acted intentionally and that the governmental entity was liable under the Governmental Tort Liability Act. The trial court entered judgment for the plaintiff against the governmental entity and the Court of Appeals affirmed. The governmental entity sought permission to appeal, arguing first that the employee had acted outside the scope of his employment and, secondly, that he had committed an assault against the plaintiff, either of which would preclude liability under the Act. Although we hold that the employee's conduct fell within the scope of his employment, his operation of the equipment constituted the intentional tort of assault rather than negligence. The governmental entity cannot, therefore, be held liable under the Act absent proof of its negligent supervision. The judgment of the Court of Appeals is reversed as to the governmental entity, and the cause is remanded to the trial court for entry of judgment against the employee.

http://www.tba2.org/tba_files/TSC/2011/hughesd_COR_060311.pdf

ADMINISTRATIVE RESOURCES, INC. v. TENNESSEE DEPARTMENT OF COMMERCE AND INSURANCE

Court: TCA

Attorneys:

Robert E. Boston, Mark W. Peters, and Michael T. Harmon, Nashville, Tennessee, and Arthur M. Fowler, Jr., Johnson City, Tennessee, for the appellant, Administrative Resources, Inc.

Robert E. Cooper, Jr., Attorney General and Reporter, Joseph F. Whalen, Associate Solicitor General, and R. Mitchell Porcello, Assistant Attorney General, for the appellee, Tennessee Department of Commerce and Insurance.

Judge: DINKINS

This case involves judicial review of the Tennessee Department of Commerce and Insurance's denial of a staff leasing company license. The trial court reviewed the denial of the license under the common law writ of certiorari standard and upheld the decision. Finding that the denial was unsupported by substantial and material evidence, we vacate the decision of the trial court.

http://www.tba2.org/tba_files/TCA/2011/ari_060311.pdf

JOSEPH C. BARNA v. W. MARTIN SEILER
CORRECTION on page 1 adds Byron K. Lindberg as counsel for the appellee

Court: TCA

Attorneys:

Phillip Leon Davidson, Nashville, Tennessee, for the appellant, Joseph C. Barna.

Byron K. Lindberg, Karl M. Braun, Nashville, Tennessee, for the appellee, W. Martin Seiler.

Judge: COTTRELL

An investor who lost money on stock transactions filed a claim against his stockbroker that was dismissed in arbitration. The investor then filed a complaint for legal malpractice against the attorney who had represented him in the arbitration proceeding. The attorney filed a motion for summary judgment accompanied by his expert affidavit, declaring that in his representation of the investor he had complied with all applicable standards of legal professional practice. The investor did not respond with an expert testimony contradicting the defendant. Following a series of delays, the trial court granted summary judgment to the defendant attorney after declining to grant another continuance. The former client filed a motion for relief from judgment, and the trial court denied the motion. After the attorney voluntarily dismissed his counterclaim, the judgment became final, and the investor appealed. We affirm.

http://www.tba2.org/tba_files/TCA/2011/barnaj_COR_060311.pdf

BRANDE KIRK, ET AL. v. MICHAEL A. CHAVIN, M.D.

Court: TCA

Attorneys:

Michael S. Shipwash, Knoxville, Tennessee, for the appellants, Brande Kirk, and Amanda Jordan, as Children of their Mother, Barbara Jordan.

James G. O'Kane, Knoxville, Tennessee, for the appellee, Michael A. Chavin, M.D.

Judge: SWINEY

Brande Kirk and Amanda Jordan, as children of Barbara Jordan, ("Plaintiffs") sued Michael A. Chavin, M.D. alleging medical malpractice in his treatment of Barbara Jordan. Dr. Chavin filed a motion for summary judgment. After a hearing, the Trial Court entered its order on August 30, 2010 finding and holding that Plaintiffs' expert was not qualified to testify in accordance with Tenn. Code Ann. section 29-26-115, and granting Defendant's motion for summary judgment. Plaintiffs appeal to this Court. We affirm.

http://www.tba2.org/tba_files/TCA/2011/kirkb_060311.pdf

IN THE MATTER OF: THE CONSERVATORSHIP OF: MARY LOUISE SOTTONG, Appellee, GEOFFREY SOTTONG, Appellant

Court: TCA

Attorneys:

Geoffrey Sottong, Signal Mountain, Tennessee, pro se.

Cindy S. Deere, Signal Mountain, Tennessee, Conservator Appellee.

Judge: FRANKS

In this conservatorship estate, Geoffrey Sottong, son of Mary Louise Sottong, raises issues as to the ruling of the Trial Court regarding the conservator's administration of the conservatorship estate. Upon review, we conclude that the Trial Court's series of orders properly instructed the conservator on administering the estate, and affirm the Judgment of the Trial Court on these issues.

http://www.tba2.org/tba_files/TCA/2011/sottongm_060311.pdf

STATE OF TENNESSEE v. ANTHONY DODSON

Court: TCCA

Attorneys:

Robert Wilson Jones, District Public Defender, and Phyllis Aluko and Robert Felkner, Assistant Public Defenders, for the appellant, Anthony Dodson.

Robert E. Cooper, Jr., Attorney General and Reporter; Deshea Dulany Faughn, Assistant Attorney General; William L. Gibbons, District Attorney General; and Nicole Germain and Summer Morgan, Assistant District Attorneys General, for the appellee, State of Tennessee.

Judge: WILLIAMS

The defendant, Anthony Dodson, was convicted of attempted first degree murder, a Class A felony, and sentenced to twenty-five years as a Range I, standard offender. The defendant now appeals, claiming insufficient evidence to support his conviction and that the sentence imposed by the trial judge was excessive. After reviewing the record, we find error in neither the defendant's conviction nor his sentence, and we affirm the judgment of the trial court.

http://www.tba2.org/tba_files/TCCA/2011/dodsona_060311.pdf

STATE OF TENNESSEE v. KRISTOPHER SMITH

Court: TCCA

Attorneys:

Stephen K. Tapp, Memphis, Tennessee, for the Defendant-Appellant, Kristopher Smith.

Robert E. Cooper, Jr., Attorney General and Reporter; Clarence E. Lutz, Assistant Attorney General; William L. Gibbons, District Attorney General; and Theresa S. McCusker, Assistant District Attorney General, for the Appellee, State of Tennessee.

Judge: MCMULLEN

Defendant-Appellant Kristopher Smith was convicted by a Shelby County jury of aggravated kidnapping and rape, both Class B felonies. He was sentenced as a Range I, standard offender to an effective ten-year term of imprisonment in the Tennessee Department of Correction. In this appeal, Smith claims the trial court erred by: (1) failing to sustain his Batson challenge to the prosecution's peremptory strikes of two African American males; (2) finding that "the prosecution's explanation of its peremptory strike of a white male sufficiently sex neutral"; (3) finding that his prior aggravated robbery conviction was admissible for impeachment purposes; (4) denying his motion for judgment of acquittal and new trial; and (5) imposing an excessive sentence. Following our review, we affirm the judgments of the trial court.

http://www.tba2.org/tba_files/TCCA/2011/smithk_060311.pdf

Wholesaler Liquor Licenses

TN Attorney General Opinions

Date: 2011-06-03

Opinion Number: 11-48

http://www.tba2.org/tba_files/AG/2011/ag_11_48.pdf

Liquor Barrel Tax

TN Attorney General Opinions

Date: 2011-06-03

Opinion Number: 11-49

http://www.tba2.org/tba_files/AG/2011/ag_11_49.pdf

TODAY'S NEWS

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Legal News

Edwards indicted, pleads not guilty

Former presidential hopeful John Edwards pleaded not guilty today to federal charges that he solicited and secretly spent more than $925,000 to hide his mistress and their baby from the public at the height of his 2008 White House campaign. Negotiations to settle the case proved fruitless as prosecutors insisted on a felony plea, which would have endangered Edwards' law license. The indictment contained six felony counts, including conspiracy, four counts of receiving illegal campaign contributions, and one count of false statements for not reporting the contributions.

The Commercial Appeal has this AP story

Soldier gets prison time for threatening Knox judge

Yesterday, U.S. Army Sgt. Franklin Delano Jeffries II was sentenced to 18 months in prison for threatening Knox County Chancellor Michael Moyers in an online video. Jeffries was convicted in March. At the sentencing hearing, he said he never intended the video as a serious threat and apologized for his actions. He will get credit for the 10 months he has been in jail and will undergo mental health treatment after his release.

The News Sentinel has more

Shelby County juvenile officials seek special status

Shelby County Juvenile Court officials have been working for nearly three years to win designation as a Casey Juvenile Detention Alternatives Initiative site -- a designation bestowed by the Annie E. Casey Foundation. The program recognizes juvenile justice systems that work closely with school systems, city and county governments and law enforcement. Larry Scroggs, chief administrative officer of Juvenile Court, said earning the designation would be a first for Tennessee.

The Commercial Appeal reports

Chattanooga attorneys honored by U.S. Court Historical Society

Chattanooga attorneys Roger Dickson and Zac Greene, east Tennessee co-chairs of the U.S. Supreme Court Historical Society, recently were honored for their work recruiting new members for the organization. At a dinner at the Supreme Court Building in Washington, D.C., Justice Clarence Thomas presented an award to Greene on behalf of their efforts. Both Dickson and Greene work at Miller & Martin.

Outsourcing firms creating jobs in America

While law firms, corporations and legal temp companies continue to cut back on hiring and pay, outsourcing firms -- which typically send legal work overseas -- now are focusing on creating jobs here at home. With salaries that are competitive with overseas workers, new companies -- such as Thomson Reuters' Pangea3 -- can offer quality service with the benefits of American business hours and security for sensitive documents. Analysts are predicting fast growth in this field.

Learn more in the New York Times

Another LSAT suit filed

On the heels of a lawsuit filed against the Law School Admission Test by a blind student comes a new suit from a student claiming the test discriminates against those with attention deficit disorder. The suit seeks double the time to take the exam and 15-minute breaks between sections.

The ABA Journal reports

Law grad sues school over placement statistics

A woman who says she graduated with honors from Thomas Jefferson School of Law, passed the California bar exam, but cannot find a decent legal job has sued the school arguing it tricked her into attending by using employment statistics that were "false, misleading, and intentionally designed to deceive." The suit seeks class action status and compensatory damages of $50 million for some 2,300 graduates of the school. Read more from the National Law Journal on Law.com.

In related news, a recent study by NALP shows that only 68.4 percent of 2010 law grads were able to land a job requiring bar passage -- the lowest percentage since the group began collecting statistics.