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| Thursday, August 25, 2011 |
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AOC announces circuit court vacancy
The Tennessee Judicial Nominating Commission is now accepting applications for a vacancy on the 21st Judicial District Circuit Court, which covers Hickman, Lewis, Perry and Williamson counties. The vacancy was created by the appointment of Circuit Court Judge Jeff Bivins to the Court of Criminal Appeals. Applicants must be attorneys who are at least 30 years of age, a resident of the state for five years and a resident of their circuit or district for one year. Paperwork must be submitted to the Administrative Office of the Courts by Sept. 21 at noon CST.
Learn more or download an application
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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.
02 - TN Supreme Court
00 - TN Worker's Comp Appeals
00 - TN Supreme Court - Rules
05 - TN Court of Appeals
00 - 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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WILLIAM H. MANSELL v. BRIDGESTONE FIRESTONE NORTH AMERICAN TIRE, LLC
Court: TSC
Judge: PER CURIAM
In June of 2008, William Mansell (the "Employee") suffered a compensable injury to his right shoulder while working for Bridgestone/Firestone North American Tire, LLC (the
"Employer"). Dr. Sean Kaminsky, an orthopaedic surgeon, served as the authorized treating physician and assigned an impairment rating of 3% to the body as a whole. The Employee
obtained an Independent Medical Evaluation from another orthopaedic surgeon, Dr. Robert Landsberg, who assigned a 10% impairment rating. When the Benefit Review Conference
at the Department of Labor and Workforce Development ("DOL") ended in an impasse, the Employee filed suit.
http://www.tba2.org/tba_files/TSC/2011/mansellw_082511.pdf
STATE OF TENNESSEE v. DAVID NAGELE
Court: TSC
Attorneys:
Joshua D. Hedrick, Knoxville, Tennessee, for the appellant, David Nagele.
Robert E. Cooper, Jr., Attorney General and Reporter; Gordon W. Smith, Associate Solicitor General; Rachel West Harmon, Assistant Attorney General; Randall Nichols, District Attorney General; and Charme Prater Knight, Assistant District Attorney General, for the appellee, the State of Tennessee.
Judge: WADE
The defendant pled guilty to attempted aggravated sexual battery and was sentenced to six years of enhanced probation. At the time, the trial court did not warn the defendant that, upon the expiration of his sentence, he would be subjected to lifetime community supervision, which is mandated by statute upon a conviction for attempted aggravated sexual battery and other sex offenses. Just before the sentence expired, the State filed a petition to amend the judgment to include lifetime community supervision. On the same day that the trial court corrected the judgment, the defendant filed a motion to withdraw his guilty plea, which the trial court denied. On appeal, the Court of Criminal Appeals affirmed, holding that the defendant had been adequately informed of the lifetime community supervision
requirement by his trial counsel. We granted the defendant's application for permission to appeal to determine the effect of our decision in Ward v. State, 315 S.W.3d 461 (Tenn.
2010), which was filed after the release of the opinion of the Court of Criminal Appeals. Because the trial court failed to warn the defendant of the mandatory nature of lifetime
community supervision, as is required by our ruling in Ward, and the State was unable to establish that the error was harmless beyond a reasonable doubt, the judgment of the Court of Criminal Appeals is reversed and the cause is remanded to the trial court to permit the defendant to withdraw his plea of guilt.
http://www.tba2.org/tba_files/TSC/2011/nageled_082511.pdf
HARRISON A. AZARI v. GREYHOUND BUS STATION, NASHVILLE, TENNESSEE
Court: TCA
Attorneys:
Harrison Ayamekhue Azari, Nashville, Tennessee, Pro Se.
Ronald Wayne McAfee, Memphis, Tennessee, for the appellee, Greyhound Bus Station, Nashville, Tennessee.
Judge: COTTRELL
Plaintiff filed a complaint in 2010 against the owner of a bus line alleging security guards assaulted him while he was waiting for a bus in 2003. The defendant filed a motion to
dismiss on the grounds that the statute of limitations barred the plaintiff's action. The trial court granted the motion to dismiss and the plaintiff appealed. We affirm the trial court's
judgment because Tenn. Code Ann. section 28-3-104(a)(1) requires a plaintiff suing for personal injuries to file his complaint within one year of the date of the alleged assault resulting in injuries.
http://www.tba2.org/tba_files/TCA/2011/azarih_082511.pdf
DENNIS W. BLACKMON, ET AL. v. LP PIGEON FORGE, LLC, ET AL.
Court: TCA
Attorneys:
Rebecca Adelman and Peter B. Winterburn, Memphis, Tennessee, for the appellants, LP Pigeon Forge, LLC; Signature Consulting Services, LLC; Signature Clinical Consulting Services, LLC; Signature Healthcare, LLC; Jonathan Jack Bowers; Integritas Health Care, LLC; Integritas LTC Practitioners of Tennessee, LLC; Integritas Professional Development Services, LLC; Integritas of Tennessee, LLC; and Kathleen A. Arnold.
Kenneth L. Connor and Camille Godwin, Leesburg, Virginia, and Marty McDonald, Knoxville, Tennessee, for the appellee, Dennis W. Blackmon, Individually and as Personal Representative of the Estate of Lois L. Pierce.
Judge: MCCLARTY
This is a nursing home negligence case involving an arbitration agreement. The son of the decedent signed documents admitting his mother to the defendant nursing home. The admission documents included an arbitration agreement. After his mother's death, the son filed a lawsuit on behalf of her estate against the defendant nursing home and others connected to its administration. The defendants filed a motion to compel arbitration pursuant to the agreement signed by the son. The trial court denied the motion, finding that the son was not the decedent's agent and did not have authority to sign on her behalf. The defendants appeal. We affirm.
http://www.tba2.org/tba_files/TCA/2011/blackmond_082511.pdf
TABITHA LAYNE, ET AL. v. TYRON LAYNE ADKINS, ET AL.
Court: TCA
Attorneys:
Melanie E. Davis, Maryville, Tennessee, for the appellant, Kenneth Rowe.
Agnes Trujillo, Jefferson City, Tennessee, for the appellee, Tabitha Layne.
C. Dwaine Evans, Morristown, Tennessee, for the appellee, Nancy Bolton Layne.
Judge: SWINEY
Tabitha Layne, individually, and as Administratrix of the Estate of Freddie Steven Layne, and as Next Friend of Stephanie Layne and Teddy Layne ("Plaintiff") sued Tyron Layne Adkins, Kenneth Rowe, and a certain tract or parcel of Property Identified as Map #089, Parcel 060.01 ("the Property") alleging, in part, that Ms. Adkins and Mr. Rowe had
committed fraud with regard to deeds of conveyance of the Property. After a trial, the Trial Court entered its judgment finding and holding, inter alia, that four specific deeds with
regard to the Property were void; that legal title to the Property is held by the heirs of Ted Layne with the Estate of Freddie Steven Layne holding title to one-third interest, Nancy
Bolton Layne holding title to one-third interest, and Tyron Layne Adkins holding title to one-third interest; and awarding Mr. Rowe a judgment against Tyron Layne Adkins of $139,000
as a result of a cross-claim. Mr. Rowe appeals to this Court. We affirm.
http://www.tba2.org/tba_files/TCA/2011/laynet_082511.pdf
THOMAS PAUL SCOTT v. JAMES KEVIN ROBERSON
Court: TCA
Attorneys:
Bart Durham, Blair P. Durham, H. Anthony Duncan, Nashville, Tennessee, for the appellant, Thomas Paul Scott.
Dianne M. Schwartz, Alisha M. Toll, Nashville, Tennessee, for the appellee, State Farm Mutual Automobile Insurance Company.
Judge: COTTRELL
Plaintiff injured in automobile accident died while his negligence action was pending. Plaintiff's counsel filed a suggestion of death but neglected to move to substitute a party for the deceased plaintiff within 90 days, as required by Tenn. R. Civ. P. 25.01(1). Defendants filed motions for summary judgment, which led plaintiff's estate to file a motion to enlarge time within which to move to substitute pursuant to Tenn. R. Civ. P. 6.02. The trial court determined plaintiff's counsel's neglect in moving to substitute within 90 days was not excusable and granted defendants' motions, dismissing the action. On appeal we affirm the trial court's judgment because we cannot conclude that the trial court abused its discretion in ruling the neglect was not excusable.
http://www.tba2.org/tba_files/TCA/2011/scottt_082511.pdf
IN THE MATTER OF: SHANIRA J., CHRISTINA J., AND JAMES J.
CORRECTION on page 1 changes the case number to reflect "2010" instead of "2011"
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: PER CURIAM
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_COR_082511.pdf
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| TODAY'S NEWS |
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Legal News
TBA in the News
Upcoming
Passages
Disciplinary Actions
Career Opportunities
TBA Member Services
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| Legal News |
| Court of Judiciary responds to criticisms |
| The Court of the Judiciary, which is facing some of the toughest criticism since its inception, held its annual meeting yesterday and according to the Tennessean "it was evident...the group already has taken several steps that address criticisms." The court's new disciplinary counsel, former federal prosecutor Tim Discenza, unveiled an annual report that includes more information than previous years, including a section that summarizes the ethical concerns that led to private punishments. Memphis Criminal Court Judge Chris Craft, who was elected presiding judge of the court at yesterday's meeting, said the court's "challenge is to be as transparent as possible without harming
innocent people."
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Read more from the Tennessean
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| Belmont Law opens with 130 students |
| Belmont University announced yesterday that the charter class for its new College of Law includes 130 students -- 30 percent more that the school's projected goal. The college is Nashville's third law school. Its main building, built specifically for the college, is named for Randall and Sadie Baskin, who donated $7 million to support the new venture.
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Learn more about the school
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| Former Gov. Bredesen picked for jury duty |
| Former Tennessee Gov. Phil Bredesen was downtown Nashville yesterday sitting on a jury for a local court case. Reflecting on the experience, Bredesen said, "I think people sometimes think of it as some big imposition. There were a few people on this jury who just found some excuse to try to get out but I think it's a great civic understanding and I think it really helps people understand a lot more how the justice system really works."
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Read more from WSMV.com
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| Nashville firm recognized for diversity commitment |
| Bradley Arant Boult Cummings LLP has received a 2011 Law Firm Diversity Recognition Award from the Chevron Law Function, the in-house legal department at Chevron. The award recognizes firms doing legal work for the company that demonstrate a commitment to diversity. Bradley Arant Boult Cummings was the only firm in the southeast to receive the award.
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Read more from the firm's website
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| TBA in the News |
| National legal aid group weighs in on legal fees |
| The National Legal Aid & Defender Association (NLADA) is weighing in on the Tennessee Supreme Court's proposed rule change allowing flat-fee contracting for indigent legal services. NLADA expresses concern about the proposal, saying the court has "neglected to provide institutional safeguards that would protect the adequacy of representation." It also quotes TBA President Danny Van Horn, who has recommended that the court create a pilot program to examine the workability of contract representation in limited matters. The court is accepting public comment on the rule until Sept. 1. |
Read the NLADA story
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| Upcoming |
| Swearing in set for Gentry |
| A swearing in ceremony will be held next Tuesday, Aug. 30, at 3 p.m. for Howard Gentry, the new clerk of the Davidson County Criminal Court. The event will take place in Courtroom 1A at the Justice A. A. Birch Building in downtown Nashville.
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| Passages |
| Memphis lawyer dies |
| Memphis lawyer Eugene L. "Bucky" Heffernan died Aug. 5 at the age of 88. A graduate of the University of Memphis Law School, he was licensed in 1949 and began his legal career as an assistant city attorney in Memphis. He later joined the Federal Housing Administration and served there for 28 years. The family suggests that memorials be sent to the Metropolitan Inter-Faith Association (MIFA), 910 Vance Ave., Memphis 38126; Germantown Presbyterian Church, 2363 Germantown Rd. S., Germantown 38138; or the Church Health Center, 1210 Peabody Ave., Memphis 38104.
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Read more about his life in the Commercial Appeal
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| Disciplinary Actions |
| Lawyers suspended for fee and IOLTA violations |
| Tennessee-licensed attorneys who did not pay their 2011 registration fee to the Board of Professional Responsibility and did not file a mandatory compliance statement that eligible client funds are held in accounts participating in the Interest on Lawyers' Trust Accounts (IOLTA) program were suspended from the practice of law on Aug. 22. Those who have complied with the requirements since the order was filed are noted as reinstated. |
See the list of lawyers suspended and reinstated
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| Career Opportunities |
| Commercial real estate lawyer needed |
| Special Counsel is seeking an attorney to join the commercial real estate group of a Nashville firm as an "off-track" associate. Candidates must have two or more years experience representing health care clients in commercial real estate deals, including acquisitions and leasing. Qualified candidates should submit resumes to nashville@specialcounsel.com |
Learn more on JobLink
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| TBA Member Services |
| Get Connected: Sign up for TBA Connect today |
| Hundreds of your colleagues have already joined in to the TBA's Social Networking platform for members called TBA Connect. This service provides many of the same features of sites such as LinkedIn or Facebook, but access is limited to members of the Tennessee Bar Association and approved guests. |
Join TBA Connect now
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Questions, comments: Email us at TBAToday@tnbar.org
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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