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| Tuesday, June 21, 2011 |
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Summary judgment changes effective July 1
University of Tennessee College of Law professor and summary judgment expert Judy Cornett teams up with lawyers involved in the Tractor Supply case to bring you guidance on how that decision affects summary judgment in Tennessee. This one-hour webcast is the program to watch if you need to know whether defendants should even bother with motions for summary judgment in employment cases; whether plaintiffs should always file their cases in state court; and how a host of other issues are dealt with in summary judgment filings.
Find out more or register now on TennBarU
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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.
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03 - TN Court of Appeals
00 - TN Court of Criminal Appeals
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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
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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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BELLSOUTH TELECOMMUNICATIONS, INC. d/b/a AT&T (TN) v. SHUNDRA Y. YOUNG and MAUREEN F. KINSELLA
Court: TCA
Attorneys:
Mark B. Reagan, Thomas A. Sager, Memphis, Tennessee, for the appellant, Bellsouth Telecommunications, Inc., d/b/a AT&T (TN).
Murry J. Card, Memphis, Tennessee, for the appellee, Shundra Y. Young.
Melanie M. Stewart, Matthew S. Russell, Germantown, TN, for the appellee, Maureen F. Kinsella.
Judge: HIGHERS
Plaintiff sued Defendants for damages arising from a motor vehicle accident. The trial court struck, from Defendants' answers, allegations regarding the comparative fault of an
unidentified nonparty. However, the trial court allowed references to such nonparty at trial, and the jury assigned no fault to Defendants. Finding no error in the trial court's allowance, we affirm the judgment of the trial court.
http://www.tba2.org/tba_files/TCA/2011/bellsouth_062111.pdf
KEVIN DALE SCHREUR V. HOLLYE RICHELLE GARNER
Court: TCA
Attorneys:
David W. Garrett, Nashville, Tennessee, for the appellant, Kevin Dale Schreur.
Virginia Lee Story, Franklin, Tennessee, for the appellee, Hollye Richelle Garner.
Judge: COTTRELL
The parents of two children were divorced in 2007, and Father was named the primary residential parent. Mother filed a petition in 2008 seeking a modification of the residential parenting schedule and requested that she be named the primary residential parent. The trial court found no material change of circumstance to warrant changing the primary residential parent from Father to Mother, but found it to be in the children's best interest to modify the parenting schedule so that the children spent alternating weeks with Mother and Father. Father appeals, arguing the trial court had no grounds upon which to modify the residential schedule. We conclude the evidence supports the trial court's decision that it is in the best interests of the children to spend alternating weeks with each parent. Under the relevant statute, that is sufficient to establish a material change of circumstance. Accordingly, we affirm.
http://www.tba2.org/tba_files/TCA/2011/schreurk_062111.pdf
IN THE MATTER OF: SHANIRA J., CHRISTINA J., AND JAMES J.
CORRECTION on page 1 adds the names of the judges issuing the opinion
Court: TCA
Attorneys:
Andrew L. Wener, Memphis, Tennessee, for the appellant, Shameka Fox.
Robert E. Cooper, Jr., Attorney General and Reporter, Dianne Stamey Dycus, Assistant Attorney General, Nashville, Tennessee, for the appellee, Tennessee Department of Children's Services.
Judge: HIGHERS, FARMER, KIRBY
This is an appeal of a dependency and neglect proceeding. We dismiss the appeal for lack of a final judgment.
http://www.tba2.org/tba_files/TCA/2011/shaniraj_CORR_062111.pdf
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| TODAY'S NEWS |
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Legal News
U.S. Supreme Court
Career Opportunities
TBA Member Services
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| Legal News |
| 'Due care' law goes into effect July 1 |
| A new state law that will levy penalties for failure to "exercise due care" while driving a motor vehicle goes into effect July 1. According to the bill's sponsor, the law also makes it easier for those injured, or the survivors of those killed, to prevail in civil lawsuits by "making it clear that the law requires people in a car to exercise proper driving restraint around people on a bicycle and pedestrians." |
The Murfreesboro Post has more
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| Suit: New law voids anti-bullying policies too |
| Abby Rubenfeld, who filed a lawsuit last week challenging a new law that prohibits local governments from creating anti-discrimination regulations that are stricter than the state, argues that the law also voids school board policies that protect gay and lesbian students from bullying and harassment. "It doesn't just include ordinances, but any policy or any official actions by local governments," including school boards, she said. The sponsor of the legislation, Rep. Glen Casada, R-Franklin, countered saying the bill only affects businesses that contract with local governments and not city or county employees. |
TriCities.com has this AP story
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| Nashville home to new 'green' jail |
| A new detention center being built to house female inmates in Nashville will be Tennessee's first green jail. The 256-bed facility features solar panels, a geothermal heat pump system, parking for alternative fuel vehicles, low-flow plumbing fixtures and a recycling program. Architect Mackie Shanks of Centric Architecture says the green features will save over $8,000 a year in energy. The county-owned jail cost under $10 million to build.
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The Memphis Daily News reports this AP story
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| State capitol vandalized |
| Officials believe that graffiti spray-painted on the Tennessee State Capitol building on Sunday morning was the work of a lone vandal and not that of a gang. The Tennessee Highway Patrol, which handles security for the building, is investigating surveillance videos to determine the identity of the offender.
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The Tennessean reports
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| Law schools shrink incoming classes |
| A handful of American law schools have announced plans to shrink their incoming classes, leading to speculation about the reasons why. While some question whether the move is intended to improve the schools' rankings or improve students' chances of landing a job, others say it is meant to reduce demand and therefore reduce tuition. |
Learn more in the ABA Journal
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| U.S. Supreme Court |
| Court rejects emissions suit |
| On Monday, the court unanimously rejected a lawsuit that had sought to force major electric utilities to reduce their greenhouse gas emissions without waiting for federal regulators to act. The suit contended that carbon dioxide emissions from power plants belonging to four private companies and the Tennessee Valley Authority amounted to a public nuisance under federal common law. Justice Ruth Bader Ginsburg, writing for the court, said the plaintiffs were making their case in the wrong forum. Under the Clean Air Act, she wrote, the matter must be addressed by the Environmental Protection Agency, not by the courts.
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Read more in the New York Times
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| Retaliation claim denied |
| Opponents of a recent court decision say it will limit the First Amendment right of government employees by allowing employers to take adverse actions against those who speak out on private matters. The case tested whether a local police chief who lodged and won a union grievance was targeted for retaliation when his request for overtime pay was denied. |
WRCB-TV 3 has the AP story
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| New questions raised about Justice Thomas |
| A Sunday New York Times story about the relationship between Supreme Court Justice Clarence Thomas and a Texas man known for funding conservative groups has ignited a fierce partisan blog war. Conservative bloggers declared the story yet another liberal media hit, while liberals said it is more evidence of a justice compromised by personal and business relationships. Even University of Tennessee law professor Glenn Reynolds got into the mix at instapundit.com. |
Learn more about ths issues on politico.com
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| Career Opportunities |
| Litigation attorney sought in Knoxville |
| The Knoxville office of Baker, Donelson, Bearman, Caldwell & Berkowitz seeks to hire a staff attorney with six or more years of litigation experience, preferably in personal injury defense. Experience handling large-scale tort matters is particularly valuable. For consideration, please submit a cover letter, resume and law school transcript to hbeasley@bakerdonelson.com. |
Learn more at JobLink
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| TBA Member Services |
| Follow us! |
| More than 1,000 people and businesses are now getting regular updates on news from the Tennessee legal community by following the Tennessee Bar Association on Twitter. Join the crowd by following @tennesseebar or watch for the tag #tnlaw. You can also watch for regular updates on the TBA's Facebook page.
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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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