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| Friday, July 29, 2011 |
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Learn impact of major tort revisions
Drastic statutory changes to Tennessee tort law will become effective Oct. 1, profoundly altering tort practice for Tennessee lawyers. The new law limits liability in many ways, including capping general damages for personal injuries and wrongful death, and limiting the amount of punitive damages that may be imposed for reckless, malicious, fraudulent, or intentional misconduct. To guide you through these changes, the Tennessee Bar Association's Tort and Insurance Practice Section will present a full-day seminar focused on the revisions to Tennessee tort law. Hear from experienced speakers as they provide insight on these changes on Aug. 12 at the Tennessee Bar Center in Nashville.
Learn more or register online now
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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
05 - TN Court of Appeals
02 - TN Court of Criminal Appeals
00 - TN Attorney General Opinions
00 - Judicial Ethics Opinions
00 - Formal Ethics Opinions - BPR
00 - 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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PAUL W. CHAMBERS v. FIRST VOLUNTEER BANK OF TENNESSEE
Court: TCA
Attorneys:
Paul W. Chambers, pro se appellant.
Tracy C. Wooden, Chattanooga, Tennessee, for the appellee, First Volunteer Bank of Tennessee.
Judge: SWINEY
This case arises from a dispute over the repayment of a loan. Penny Chambers obtained a loan through a bank in order to buy a house. Penny Chambers defaulted on the loan. Paul W. Chambers ("Chambers"), Penny Chambers's husband, later assumed the mortgage. Chambers allegedly defaulted and First Volunteer Bank of Tennessee ("the Bank") stated that it would foreclose if he did not cure the default. Chambers sued the Bank in the Chancery Court for Polk County ("the Trial Court"). The Trial Court granted the Bank's motion to dismiss. Chambers appeals. We find that the Trial Court did not err in granting the Bank's motion to dismiss. We further find that the Trial Court did not err in denying
Chambers's motion to alter or amend and motion for default. The judgment of the Trial Court is affirmed.
http://www.tba2.org/tba_files/TCA/2011/chambersp072911.pdf
FREDDIE DAVIS v. SHELBY COUNTY GOVERNMENT
Court: TCA
Attorneys:
Scottie Wilkes, Memphis, Tennessee, for the appellant, Freddie Davis.
Samuel J. Muldavin, Memphis, Tennessee, for the appellee, Shelby County Government.
Judge: STAFFORD
This is a negligence action. Plaintiff/Appellant asserts that Defendant/Appellee is liable for personal injuries he allegedly sustained when he fell while walking down the steps at the Shelby County courthouse. Due to Appellant's incarceration, the trial court granted three
continuances; however, Appellant's request for a fourth continuance was denied. Following a hearing, the trial court found that Appellant had failed to meet his burden to show negligence on the part of the Appellee, and further concluded that, if there was negligence
in the case, Appellant was at least fifty percent at fault so as to bar recovery. Appellant appeals both the denial of his fourth motion for a continuance and the trial court's ruling in favor of Appellee. Finding no error, we affirm.
http://www.tba2.org/tba_files/TCA/2011/davisf_072911.pdf
JERRY GARRISON, et al., v. ANDY E. BICKFORD, et al.
Court: TCA
Attorneys:
Joseph B. Klockenkemper, II., Nashville, Tennessee, for the Unnamed Defendant/Appellant, State Farm.
Joseph H. Crabtree, Jr., Athens, Tennessee, for the appellees, Jerry Garrison and Mary Garrison.
Judge: FRANKS
Plaintiffs brought this action for the wrongful death of their son, and also for their damages arising from "negligent infliction of emotional distress". State Farm Mutual Insurance Company filed a Motion for Partial Summary Judgment on the grounds that its policy
afforded no coverage for a negligent infliction of emotional distress. The Trial Court overruled the Motion but proposed a Rule 9 appeal, which this Court granted. We reverse the Trial Court on this issue and grant the summary judgment motion.
http://www.tba2.org/tba_files/TCA/2011/garrisonj_072911.pdf
KEVIN MILLEN v. SHELBY COUNTY DISTRICT ATTORNEY OFFICE BILL GIBBONS, JOHN C. SORRELLS, JOHN CAMPBELL, AND ALL WORKERS IN THE DISTRICT ATTORNEY OFFICE, KEVIN KEY, OTIS JACKSON, ALL CLERKS IN THE 201 POPLAR AVENUE, JUDGE KAREN MASSEY, JUDGE GWEN ROOKS, JOYCE AVERY, SIDNEY CHISM, MIKE RITZ, GEORGE S. FLINN, MIKE CARPENTER, J.W. GIBSON II, HENRI E. BROOKS, DIEDRE MALONE, JAMES M. HARVEY, EDITH ANN MOORE, WYATT BUNKER, JOHN PELLICIOTTI, STEVE MULROY, MARK WHITE, JOE TOWNS, JOHNNIE TURNER, BARBARA WARD COOPER, KAREN CAMPER, LARRY MILLER, JEANNE RICHARDSON, JOHN DEBERRY, LOIS DEBERRY, G.A. HARDAWAY, MIKE KERNELL, A.C. WHARTON, STEVE COHEN, KRINER CASH, GERALD DARLING, CAROL JACKSON, GERALD RILEY, CHARLIE BROWN, J. GLASS, GOVERNOR BREDESEN, ATTORNEY GENERAL, AND ALL OTHER WORKERS JANITORS, COMMISSIONERS, CLERKS, JUDGES, ALL GOVERNMENTAL EMPLOYEES IN THE GREAT STATE OF TENNESSEE
Court: TCA
Attorneys:
Plaintiff/Appellant Kevin Millen, Memphis, Tennessee, pro se.
Dedrick Brittenum and Pablo Adrian Varela, Memphis, Tennessee, for the Defendants/Appellees, Shelby County District Attorney, et al.
Judge: KIRBY
This is an appeal from the dismissal of a complaint for failure to conform to the minimal pleading requirements of Rule 8 of the Tennessee Rules of Civil Procedure. The plaintiff filed the instant lawsuit against numerous public officials. The defendants filed motions to dismiss. After review of the complaint, the trial court found that it was unintelligible and failed to meet the minimum pleading requirements of Tenn. R. Civ. P. 8. The plaintiff appeals. We affirm.
http://www.tba2.org/tba_files/TCA/2011/millenk_072911.pdf
PACKAGE EXPRESS CENTER, INC., v. DOUG MAUND, et al.
Court: TCA
Attorneys:
Kelli L. Thompson and Kyle A. Baisley, Knoxville, Tennessee, for the appellants, Doug Maund and Emm-Dee Drug Company, Inc.
William S. Nunnally, Greeneville, Tennessee, for the appellee, Package Express Center, Inc.
Judge: FRANKS
In the initial suit between these parties, plaintiff sued and recovered damages for breach of contract and attorney's fees as provided in the contract between the parties. Subsequently, plaintiff brought this action for additional attorney's fees to recover the fees incurred in
collecting the judgment against defendants. The Trial Court awarded attorney's fees and defendants appealed to this Court. We reverse the Judgment of the Trial Court and hold that the statute of limitations barred further recovery under the terms of the contract between the parties.
http://www.tba2.org/tba_files/TCA/2011/packageexpress_072911.pdf
STATE OF TENNESSEE v. STEVEN CHANCE
Court: TCCA
Attorneys:
Steven Chance, Whiteville, Tennessee, pro se.
Robert E. Cooper, Jr., Attorney General and Reporter; Benjamin A. Ball, Assistant Attorney General; Dan S. Alsobrooks, District Attorney General; and Kelly Jackson, Assistant District Attorney General, for the appellee, State of Tennessee.
Judge: WITT
The defendant, Steven Chance, pleaded guilty in the Dickson County Circuit Court to one count of driving under the influence of an intoxicant, first offense. Pursuant to the plea agreement, the trial court sentenced the defendant to a term of 11 months and 29 days suspended to probation after the service of 48 hours' incarceration. The trial court also waived as a condition of probation the defendant's payment of fines and completion of community service hours. A probation violation warrant issued alleging that the defendant
failed to pay the court and probation costs. The trial court revoked the defendant's probation and extended it for one year to allow the payment of the costs. On appeal, the defendant contends that the trial court lacked authority to extend his probationary term. Discerning no error, we affirm the judgment of the trial court.
http://www.tba2.org/tba_files/TCCA/2011/chances_072911.pdf
STATE OF TENNESSEE v. KEVIN R. LEWIS
Court: TCCA
Attorneys:
Brian L. O'Shaughnessy, Chattanooga, Tennessee, for the Appellant, Kevin R. Lewis.
Robert E. Cooper, Jr., Attorney General and Reporter; Matthew Bryant Haskell, Assistant Attorney General; William H. Cox, III, District Attorney General; Neal Pinkston and C. Matthew Rogers, Assistant District Attorneys General, for the Appellee, State of Tennessee.
Judge: WEDEMEYER
A Hamilton County jury convicted the Defendant of aggravated kidnapping, aggravated sexual battery, and aggravated assault. The trial court imposed an effective sentence of twelve years. The Defendant filed a motion for new trial, which the trial court denied. Defendant argues on appeal that he is entitled to unspecified relief because the State displayed his booking photos to the jury during closing arguments. After a thorough review
of the record and applicable law, we conclude that the Defendant is not entitled to relief. As such, we affirm the trial court's judgments.
http://www.tba2.org/tba_files/TCCA/2011/lewisk_072911.pdf
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| TODAY'S NEWS |
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Legal News
U.S. Supreme Court
Politics
Tenn. Government
Upcoming
Passages
Disciplinary Actions
TBA Member Services
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| Legal News |
| Sword swearing in set for Monday |
| Newly appointed Criminal Court Judge Steven Sword will take the oath of office and assume his duties on Monday at 9 a.m. in the Division I Courtroom of the Knox County Criminal Court. The oath of office will be administered by Criminal Court Judge Mary Beth Leibowitz. A formal ceremony with Gov. Bill Haslam will take place at a later date.
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| Nashville lawyer named emerging leader |
| The Nashville Area Chamber of Commerce and YP Nashville have announced the 2011 Nashville Emerging Leader Awards. In the legal category, Brad Lampley, partner in charge at Adams and Reese's Nashville office, was selected. According to the chamber, the emerging leaders are selected "for their accomplishments in their respective fields, their demonstrated leadership and their involvement in community-service activities." |
The chamber has details on its website
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| Court allows DNA samples from all federal arrestees |
| The Philadelphia-based 3rd U.S. Circuit Court of Appeals has upheld a law authorizing the collection of DNA samples from all federal arrestees. In an 8-6 decision, the court ruled that routinely collecting DNA samples from arrestees for a national database does not violate the Fourth Amendment as it is "akin to fingerprinting." |
The Christian Science Monitor has the story
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| Law profs disagree on debt ceiling power |
| As Congress continues to face an impass on the debt ceiling issue, law professors disagree on whether the president has the authority under the Constitution's 14th Amendment to raise the ceiling on his own. The president for his part has rejected that idea saying "I have talked to my lawyers" and "they are not persuaded that that is a winning argument."
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Read what some scholars are saying in the New York Times
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| Growth in software patents draws mixed reactions |
| A story this week from National Public Radio looks at the issue of patents in the software industry and the growing number of lawsuits being filed by so-called "patent trolls," which amass patents and then demand companies license the technology. Many of these patents are so broad, engineers say, that everyone's guilty of infringement. And computer programmers and enterpenuers say the practice is hindering innovation. |
Listen to the story or read it here
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| LegalZoom gets ready to go public |
| Do-it-yourself legal document service LegalZoom is readying for an initial public offering after raising $66 million from two venture capital firms. The latest capital infusion brings total funding for LegalZoom to $100 million. CEO John Suh told Tech Crunch an IPO is on the horizon but there is no rush to go public.
Read more here.
Meanwhile, the DeKalb County Bar Association in Alabama has filed suit against the company to prohibit it from doing business in the state, arguing that it is engaging in the unauthorized practice of law. |
Learn more about the suit in the Birmingham News
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| Grisham wins first legal fiction contest |
| John Grisham's The Confession, a novel that chronicles the politics of a last-ditch death penalty appeal in Texas, has been named the winner of the inaugural Harper Lee Prize for Legal Fiction. The prize, created by the University of Alabama School of Law and the ABA Journal, honors Lee for the extraordinary and enduring influence her novel has had in the public perception of the legal profession.
Read more here.
In related news, the ABA Journal features the 30 books every lawyer should read.
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Check it out here
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| U.S. Supreme Court |
| ABA argues for right to counsel in plea bargains |
| The American Bar Association is urging the U.S. Supreme Court to find that criminal defendants have a right to effective assistance of counsel at the plea bargain stage and has filed amicus briefs in a pair of appeals by defendants who say they got bad advice from their lawyers, leading them to turn down favorable plea bargains. |
Learn more from the association
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| Politics |
| Election date set for Knox senate seat |
| Gov. Bill Haslam has set Sept. 27 for Republicans and Democrats to hold primaries to fill former state Sen. Jamie Woodson's seat. The primaries will coincide with the Knoxville city primary. The general election will be Nov. 8, also the same as the city's run-off. |
Knox News has more on the story
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| Tenn. Government |
| Tennessee to seek No Child Left Behind waiver |
| Gov. Bill Haslam this morning announced that Tennessee will seek a federal waiver from the No Child Left Behind requirements, citing large numbers of schools that failed to make adequate progress on the standards and arguing that the state should focus instead on its Race to the Top mandates. Tennessee is the first state to request a waiver of the federal program. |
The Commercial Appeal reports
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| Upcoming |
| Seersucker Flashmob planned |
| The Knoxville Bar Association will hold the city's first-ever Seersucker Flashmob on Aug. 26 at 11:45 a.m. in the Main Assembly Room of the City-County Building. The KBA is calling all members to don their favorite seersucker suit as a tribute to Atticus Finch and the long, hot summer of 2011. What happens in the City-County Building, won't stay in the City-County Building though as a group photo is planned. For those unsure about what to wear, the KBA has provided the following definition of seersucker: a light thin fabric, generally cotton or rayon, with a crinkled surface and typically in a striped pattern. |
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| Passages |
| Former prosecutor dies |
| Smithville lawyer George Elmer LeFevre died July 26 at the age of 79. Mr. LeFevre graduated from the Cumberland School of Law in 1961 and went on to serve in private practice and as an assistant district attorney, public defender and federal prosecutor. Funeral services were held today at 2 p.m. at DeKalb Funeral Chapel. In lieu of flowers, the family asks that donations be made to Faith Baptist Church of Smithville, the American Heart Association or the charity of one's choice.
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The Herald Citizen has more on his life
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| Disciplinary Actions |
| Davidson County lawyer censured |
| On July 28, Davidson County lawyer Fernando Jose Ramos received a public censure from the Board of Professional Responsibility for not informing his client of a three-year suspension that was imposed on him in July 2009. Rather than inform the client, he transferred the client's file to another attorney without obtaining permission. The board determined that this action violated Rules of Professional Conduct 1.2, 1.4, 1.6 and 1.16.
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Download the BPR press release
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| TBA Member Services |
| Use the TBA rewards card |
| A Tennessee Bar Association Platinum Plus MasterCard credit card from Bank of America rewards you for the things you buy anyway. You also have the chance to show your support for Tennessee Bar Association every time you present your card. To apply, call toll-free (866) 438-6262 or |
click here for more information.
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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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