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| Tuesday, September 20, 2011 |
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Lawmakers question judicial disciplinary process
The state's Court of the Judiciary came under questioning today from a committee of state lawmakers who are looking at the board that handles ethics complaints against judges. State Senator Mae Beavers, who chairs the Senate Judiciary Committee, has pushed to give lawmakers control over who sits on the Court of the Judiciary and make its work more transparent.
Learn more from this WPLN report
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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
02 - TN Court of Appeals
00 - TN Court of Criminal Appeals
00 - TN Attorney General Opinions
00 - Judicial Ethics Opinions
00 - Formal Ethics Opinions - BPR
02 - 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
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MICHAEL LANCASTER v. FERRELL PAVING, INC., ET AL. v. EVEREST INDEMNITY INSURANCE COMPANY
Court: TCA
Attorneys:
James B. Summers, Heather W. Fletcher, Jessica A. Benton, Memphis, Tennessee, for the appellant, Ferrell Paving, Inc.
Parks T. Chastain, Gordon C. Aulgur, Nashville, Tennessee, for the appellee, Everest Indemnity Insurance Company
Judge: HIGHERS
This appeal involves a dispute over whether the appellant was provided with coverage under an additional insured endorsement to an insurance policy. The trial court granted summary judgment to the insurer, finding no coverage. We reverse and remand for further proceedings.
http://www.tba2.org/tba_files/TCA/2011/lancasterm_092011.pdf
JESS R. OGG, JR. v. CAMPBELL COUNTY BOARD OF EDUCATION
Court: TCA
Attorneys:
John C. Duffy, Knoxville, Tennessee, for the appellant, Campbell County Board of Education.
David H. Dunaway, LaFollette, Tennessee, for the appellee, Jess R. Ogg, Jr.
Judge: MCCLARTY
In this age discrimination and breach of contract case, Jess R. Ogg, Jr. ("Employee") filed suit against his former employer, Campbell County Board of Education ("Employer"), alleging that Employer had violated the Tennessee Human Rights Act by terminating him because of his age and replacing him with a younger, less-qualified teacher. Employer argued that it had legitimate, non-discriminatory reasons for terminating Employee and hiring a suitable replacement. Following a bench trial, the court found that Employer had engaged
in age discrimination and breached its contract and that Employee was entitled to recover his lost salary. Employer appeals. We affirm the decision of the trial court.
http://www.tba2.org/tba_files/TCA/2011/oggj_092011.pdf
IN RE: BARBARA SIMS ARTHUR, BPR 004694
Court: TSC-Disciplinary_Order
Judge: KOCH
Suspension
http://www.tba2.org/tba_files/TSC/2011/arthurb_092011.pdf
IN RE: THOMAS HOLLAND McKINNIE JR., BPR 015580
Court: TSC-Disciplinary_Order
Judge: KOCH
Suspension
http://www.tba2.org/tba_files/TSC/2011/mckinniet_092011.pdf
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| TODAY'S NEWS |
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Passages
Legal News
Congressional News
Upcoming
TBA Member Services
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| Passages |
| Services set for Nashville lawyer Bob Sullivan |
Robert Lee "Bob" Sullivan, 59, died Sept.15, after a 14-month battle with acute myeloid leukemia. Mr. Sullivan graduated from Vanderbilt University Law School in 1977 and was a partner at Loeb & Loeb LLP. He also
taught Intellectual Property and Copyright Law at both Nashville School of Law and Belmont University.
Visitation with the family will be held Saturday at West End United Methodist Church at 10 a.m., followed by a memorial service at 11 a.m. Additional visitation with the family will follow the service from noon to 1 p.m. In lieu of flowers, donations may be made to Vanderbilt University School of Law, Development & Alumni Relations, 131 21st Ave., South, Nashville 37203; the Arts & Business Council of Greater Nashville; West End United Methodist Church; or the charity of one's choice. |
Read his obituary in the Tennessean
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| Legal News |
| Constitution is 'unifying force,' Collier tells students |
| Federal judges and members of the Chattanooga Chapter of the Federal Bar Association held a Constitution Day event at the federal courthouse Friday. Students commemorate and learn about the creation and signing of the Constitution by participating in a skit.
"In these highly partisan times, where there are stark divisions, the Constitution serves as a powerful, unifying force," Chief U.S. District Judge Curtis Collier said. "(People) still have faith in their Constitution." |
See a picture and read more about the day in the Times Free Press
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| Law firm to sponsor regional spelling bee |
| Baker Donelson will spell relief for students eligible to participate in the
2012 Scripps National Spelling Bee, by stepping in as sponsor of
a Middle Tennessee regional bee. The Tennessean usually sponsors it, paying the $5,550 required to hold the annual event. The paper's marketing leaders, however, said time and expenses were too great to continue doing it.
To compete at the national spelling bee in Washington D.C. competitors must first win local and regional events. |
The City Paper has the story
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| ABA: System too flawed for execution to proceed |
| The Georgia State Board of Pardons and Paroles ruled this morning that Troy Davis should die for killing Mark MacPhail, an off-duty police officer in 1989. In Georgia, the governor does not have the power to stop an execution; the decision lies with the pardons and paroles board.
Today American Bar Association President Bill Robinson urged Georgia's paroles board to grant clemency, "in part because the ABA has identified serious, longstanding concerns with the fair administration of Georgia's death penalty," he said in a statement. "Deciding not to execute Mr. Davis will serve justice by reaffirming that the justice system does not utilize the death penalty for anyone whose guilt is reasonably in question."
The ABA has no position for or against the death penalty itself, the statement continues. "But the association's decades of work, its policies and the commitment to justice by all its members strongly indicate that Mr. Davis' execution should not be carried out." |
The New York times has more
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| Congressional News |
| Alexander to give up Senate's #3 spot |
| In a letter sent this morning to Republican senators, Sen. Lamar Alexander said he will cut short his leadership term by quitting as Republican Conference chairman in January, the No. 3 job, and abandoning his hopes to ascend to the powerful Senate Republican whip job in the next Congress.
"Stepping down from leadership will liberate me to spend more time working for results on the issues I care most about," he said in the letter. "I want to do more to make the Senate a more effective institution so that it can deal better with serious issues. ... After nine years here, this is how I believe I can now make my greatest contribution." |
Politico.com has more
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| Error rate drops when witnesses view suspects differently |
| Showing photographs of suspected criminals to witnesses in sequence, rather than all at once, can produce fewer mistakes in identifications, according to new research. Witnesses identified a "known innocent filler" photo 18 percent of the time under the simultaneous procedure compared to 12 percent under the sequential procedure, according to the study issued by the American Judicature Society, which acts as a clearing house for information about judicial ethics and discipline.
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Learn more from WREG
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| Upcoming |
| IJM dinner and concert features songwriters |
| The International Justice Mission will hold a benefit dinner Oct. 6 at Nashville's Convention Center.
The event features Sharon Cohn Wu, senior vice president of structural transformation at IJM,
with live musical entertainment by Grammy-Award-winning songwriters Tom Douglas and Brett James.
The steering committee for the dinner is comprised of local Nashville leaders, including attorneys Lynn Morrow, Sam Funk, Wally Dietz, Drew Saulters and Ashleigh Harb. IJM is a human rights agency that brings rescue to victims of slavery, sexual exploitation and other forms of violent oppression in 13 countries in Asia, Africa and Latin America.
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Register and get more information
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| TBA Member Services |
| Secure, compliant data backup now available |
| The TBA's official data protection, backup and recovery vendor of choice, i365, offers secure online backup solutions. i365 minimizes downtime by backing up files quickly and easily, and helps lawyers remain compliant by maintaining file integrity. Get i365 and be confident your data is securely stored and protected. TBA members enjoy a 10 percent savings on all services. For more information on this member benefit Denise Lucas at (407) 523-9774. |
Learn why lawyers trust i365 for online data backup solutions
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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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