Thursday, July 28, 2011
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ABA to gather new employment details for law grads

The ABA Section of Legal Education and Admissions to the Bar yesterday approved changes to its annual law school questionnaire to include more employment and placement information about graduates. Beginning with the the graduating class of 2011, the section will ask schools to provide data on the number of graduates employed in jobs requiring a law degree, the number employed in jobs for which a law degree is preferred, the number employed in another profession, and the number employed in a nonprofessional job. Law schools also must disclose how many graduates are working in full-time or part-time jobs, whether those jobs are short-term or long-term, and how many of them are funded by the school. The section believes the new information will bring additional transparency to its data reporting system and better assist prospective students and graduates in making career decisions. Download the section's statement

Read more about the change in the ABA Journal
TODAY'S OPINIONS
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IN RE ABIGAIL G.D.H.

Court: TCA

Attorneys:

Cynthia J. King, Newport, Tennessee, for the appellant, Donovan H.

William M. Leibrock, Newport, Tennessee, for the appellee, Tina H.

Judge: SUSANO

This is a custody case involving Abigail G.D.H. ("the Child"), the minor child of Jamie D. ("Mother") and Donovan H. ("Father"). Mother and Father were never married and their relationship had ended when the Child was born; at birth, she was suffering the effects of Mother's drug use during pregnancy. As a result, the Department of Children's Services ("DCS") immediately filed a dependency and neglect petition. Following a hearing, the juvenile court granted the petition and approve a safety plan that granted "temporary custody" to Tina H., the Child's maternal grandmother ("Grandmother"). Two months later, Mother, for the first time, informed Father that he was the Child's biological father. Subsequently, Grandmother filed a petition seeking "absolute custody" of the Child and child support from both Mother and Father. Father filed a counterclaim for custody. Following a bench trial, the trial court found, by clear and convincing evidence, that Father posed a substantial risk of harm to the Child. The court granted Grandmother's petition and awarded her full custody of the Child. Father appeals. We affirm.

http://www.tba2.org/tba_files/TCA/2011/abigailrdh_072811.pdf
STATE OF TENNESSEE DEPARTMENT OF CHILDREN'S SERVICES v. EDDIE DAVIS

Court: TCA

Attorneys:

Wayne R. Stambaugh, Morristown, Tennessee, for the appellant, Eddie Davis.

Robert E. Cooper, Jr., Attorney General and Reporter; Joe Whalen, Associate Solicitor General; and Douglas Earl Dimond, Senior Counsel, Nashville, Tennessee, for the appellee, Tennessee Department of Children's Services.

Judge: SUSANO

A nine-year-old child, whose initials are C.M. ("the Child"), told her mother, whose initials are also C.M. ("Mother"), that Eddie Davis had touched her inappropriately. The disclosure was made shortly after the Child had reviewed a comic book that is designed to help children recognize and disclose child sexual abuse. Davis is the executive director of the Youth Emergency Shelter ("Y.E.S.") in Hamblen County. The Department of Children's Services ("DCS"), a state agency, initiated an investigation and "indicated" Davis 1 as a perpetrator of child sexual abuse. Davis requested an administrative hearing. The administrative law judge ("the ALJ") found that the Child's statements to Mother and later to a forensic interviewer were credible because they were "consistent" in that she told both a story of Davis putting his hand on her buttocks inside her panties. Davis appealed the ALJ's finding to the trial court. The trial court sustained the findings of the ALJ. Davis appealed to this Court. Because there is no substantial and material evidence to support the findings of the ALJ, we reverse.

http://www.tba2.org/tba_files/TCA/2011/davise_072811.pdf
JEROME HERTIS PHILLIPS v. STATE OF TENNESSEE DEPARTMENT OF REVENUE

Court: TCA

Attorneys:

Mark W. Strange, Oneida, Tennessee, for the appellant, Jerome Hertis Phillips.

Robert E. Cooper, Jr., Attorney General and Reporter; Joseph F. Whalen, Associate Solicitor General; and Nicholas G. Barca, Assistant Attorney General, Nashville, Tennessee, for the appellee, State of Tennessee Department of Revenue.

Judge: SUSANO

Jerome Hertis Phillips brought suit to contest a tax assessment made against him by the Department of Revenue ("the Department"). The Department filed a motion to dismiss based on a lack of subject matter jurisdiction. The trial court granted the motion based upon its finding that Phillips failed to file suit within the time provided by law. Phillips appeals. We affirm.

http://www.tba2.org/tba_files/TCA/2011/phillipsj_072811.pdf
BETH L. WINELAND v. CITY OF CLEVELAND, TENNESSEE ET AL.

Court: TCA

Attorneys:

H. Franklin Chancey, Cleveland, Tennessee, for the appellant, Beth L. Wineland.

Robert E. Cooper, Jr., Attorney General and Reporter; Joseph F. Whalen, Associate Solicitor General; and James D. Foster, Assistant Attorney General, Nashville, Tennessee, for the appellee, State of Tennessee.

Judge: SUSANO

Beth L. Wineland, the sole plaintiff, sustained serious injuries when the front wheel of her bicycle fell into the open slots of a metal drainage grate ("the subject grate" or "the old style grate") situated near a curb of State Highway 60. The slots on the subject grate run parallel with the direction of traffic. The subject grate is inside the municipal boundaries of the City of Cleveland. The plaintiff made a claim against the State of Tennessee in the Claims Commission and filed this action against the City of Cleveland in the trial court. The claim against the State was consolidated with this action for trial. The plaintiff alleges that the old style grate constitutes a dangerous condition on the highway and that both the City of Cleveland and the State were negligent in maintaining the highway. The trial court determined that neither defendant had a duty to change the grate and dismissed the case. The plaintiff appeals only as to the State. We reverse the judgment and remand for a determination of damages.

http://www.tba2.org/tba_files/TCA/2011/winelandb_072811.pdf
TODAY'S NEWS
Passages
Legal News
Congressional News
U.S. Supreme Court
Disciplinary Actions
TBA Member Services
Passages
Former lawyer, judge dies
Nashville attorney and former Brentwood judge Tom Schlater died at the age 81 on July 26. A graduate of Vanderbilt University Law School, Mr. Schlater served with Boult-Cummings until he formed Taylor-Schlater, later to become Taylor, Schlater, Lassiter, Tidwell & Trentham. After litigating cases for 35 years, Mr. Schlater was named the first city judge of Brentwood and served in that position from 1969 to 2009. Visitation will take place tomorrow (Friday) from 4 to 7 p.m. at the First Presbyterian Church, 4815 Franklin Pike, Nashville. A memorial service is scheduled for 2 p.m. on Saturday, also at the church. In lieu of flowers, the family requests that donations be sent to the Nashville Rescue Mission, Salvation Army or First Presbyterian Church.
Read more about his life
Legal News
Get ready for Celebrate Pro Bono
Building on the extraordinary success of last year's Celebrate Pro Bono campaign, the Tennessee Bar Association will use the entire month of October to bring attention to the need for pro bono work, as well as celebrate the thousands of hours that Tennessee lawyers already contribute to access to justice efforts. During last year's celebration, 39 events were held across the state with 452 volunteers participating to serve the legal needs of 1,159 Tennesseans. If your legal community plans to organize an event this October, please contact TBA Access to Justice Coordinator Sarah Hayman to ensure it is included in the state-wide celebration.
Family law court in the spotlight
An article on the courtroom of Nashville Circuit Court Judge Carol Soloman in today's issue of the Nashville Scene describes it as "a congested, noisy toxic waste dump of human emotion that gets emptier and quieter as the cases get uglier."
Read more in the Scene
Bankruptcy court unveils new website
After more than a year of planning, the U.S. Bankruptcy Court for the Western District of Tennessee has debuted a new, revamped website. The site includes new features for attorneys, debtors and creditors as well as educational materials about the bankruptcy process.
Check it out here
Crack cocaine change to affect 360 in Tennessee
Earlier this month, the U.S. Sentencing Commission drastically reduced sentences for federal inmates convicted of crack cocaine charges, which likely will lead to the early release of some 12,000 inmates nationwide. Tennessee is estimated to have 360 offenders eligible for the sentence reduction. Jerry Martin, U.S. Attorney for the Middle District of Tennessee, says his office is analyzing potential cases and would not comment on the reductions. Federal Public Defender Henry Martin said the change is a long time coming, but does not go far enough.
Read more in the Tennessean
UM Law looking for mock interview help
The University of Memphis School of Law is looking for three to six attorneys who are willing to volunteer their time on Aug. 24 from 5-8 p.m. to conduct mock interviews with law students. The goal is to provide opportunities for the students to practice before fall on-campus interviews and various job fairs. Those interested in helping should contact Estelle Gaerig Winsett, Assistant Dean for Career Services, at (901) 678-3216 or gwinsett@memphis.edu.
Problems plague plateau justice centers
Water leaks and other problems at the Cumberland County Justice Center in Crossville are trying the patience of county commissioners. Issues include water leaks in the basement, stairwell and new portion of the building; leaking vents in the roof; a damaged railing at the handicap entrance; and steps that have cracked at the main entrance. The Crossville Chronicle reports

Meanwhile, at the Putnam County Justice Center in Cookeville, around $770,000 worth of energy improvements are needed. Changes include upgrading and/or replacing existing lighting fixtures, lamps and ballasts and adding a new building automation system to control chillers, boilers and pumps. Other areas in need of improvement are water-damaged tiles, rusty air vents and poor air quality. In addition, security improvements are needed on locks to individual rooms that have been vandalized so prisoners can open them.
The Herald Citizen has that story
Congressional News
FBI director confirmed for new term
The U.S. Senate extended the term of FBI Director Robert Mueller for up to two years Wednesday, a day after President Barack Obama signed legislation making an exception to the 10-year limit for an FBI chief to serve. Mueller was nominated to the office by former President George W. Bush but Obama asked him to stay as two other major positions in his security team were undergoing changes. The 10-year limit was imposed by Congress in 1976 as a reaction to the length and excesses of the J. Edgar Hoover era.
News Channel 9 has this AP story
U.S. Supreme Court
Health care case reaches Supreme Court
The first cert petition seeking review of the Obama administration's health care law has reached the U.S. Supreme Court. The petition asks the court to overturn a ruling upholding the law's insurance mandate handed down by the Cincinnati-based 6th U.S. Circuit Court of Appeals. That court is the first and so far only appellate body to review the law. Download the petition
Read more from the Blog of Legal Times
Disciplinary Actions
New York lawyer reinstated
New York lawyer Mohamad Akbik was reinstated to the practice of law in Tennessee after paying past due registration fees and required fines to the Board of Professional Responsibility. He was suspended in 2008.
TBA Member Services
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Visit the site

 
 
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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.
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