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Tuesday, October 04, 2011

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Does new AG's opinion negate Amazon deal?

Attorney General Robert Cooper said in an opinion released today that current state law requires retailers that have distributing houses or warehouses in the state to collect sales taxes, provided they are not owned by a subsidiary and serve customers elsewhere. Cooper also said that state officials do not have the power to waive the sales tax requirement for certain retailers, though he noted that the "Commissioner of Revenue possesses substantial discretion in determining the best measures to take to enforce Tennessee's tax laws."

One group, the Alliance for Main Street Fairness, was quick to say that the opinion cancels the Bredesen administration's deal with Amazon, whereby Amazon agreed to open distribution centers in Tennessee, and the state agreed not to force Amazon to collect sales taxes from its customers. Read more about that in the Nashville Scene. Gov. Haslam, when asked this afternoon about it, said he had not had time to study the new opinion, but said he continues to work with Amazon to reach an agreement and hopes to "come up with something that works for everybody sooner rather than later."

The Tennessean has the story

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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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.

IN RE ANGELICA S.

Court: TCA

Attorneys:

Joshua D. Hedrick, Knoxville, Tennessee, for the appellant, Jose S.

Robert E. Cooper, Jr., Attorney General and Reporter, and Benjamin A. Whitehouse, Assistant Attorney General, Office of the Attorney General, Nashville, Tennessee, for the appellee, Tennessee Department of Children's Services.

Amy Ruther Callis, Knoxville, Tennessee, Guardians ad Litem.

Judge: SUSANO

This is a termination of parental rights case focusing on Angelica S. ("the Child"), the minor daughter of Irene S. ("Mother") and Jose S. ("Father"). When the Child was five, Mother left her with Father. Mother never returned. Father, an illegal immigrant, subsequently married Melissa S. ("Stepmother") and made her the Child's legal custodian. In 2009, the Department of Children's Services ("DCS") took custody of the Child after the Child alleged that Stepmother had abused her. The following year, DCS filed a petition to terminate the parental rights of Mother and Father. Following a bench trial, the court granted the petition after finding, by clear and convincing evidence, that both parents had abandoned the Child by failing to visit her in the relevant four-month time period and that termination is in the Child's best interest. Father appeals. We affirm.

http://www.tba2.org/tba_files/TCA/2011/angelicas_100411.pdf

IN RE: ESTATE OF INA RUTH BROWN

Court: TCA

Attorneys:

Mark E. Brown and Maurice W. Gerard, Knoxville, Tennessee, for the appellant, Rockford Evan Estes.

William L. Waters, Knoxville, Tennessee, for the appellees, Roy E. Brown, III, Joan Brown Moyers, and Donna Brown Ellis.

Judge: SWINEY

This appeal arises from a dispute concerning a contract to execute mutual wills. Ina Ruth Brown ("Mrs. Brown"), and her husband, Roy Brown, Jr. ("Mr. Brown"), executed mutual wills as agreed by contract. After Mr. Brown's death, Mrs. Brown executed a new will. Mrs. Brown died. Rockford Evan Estes ("Defendant"), Mrs. Brown's son, submitted the new will for probate. Mr. Brown's adult children, Roy E. Brown, III, Joan Brown Moyers, and Donna Brown Ellis ("the Plaintiffs") filed this will contest suit in the Chancery Court for Knox County, Probate Division ("the Trial Court"), contesting the new will on the basis that, among other things, the mutual wills between Mr. Brown and Mrs. Brown were irrevocable. Both the Plaintiffs and Defendant filed a Motion for Summary Judgment. The Trial Court denied Defendant's motion, granted the Plaintiffs' motion for summary judgment, and voided the new will created by Mrs. Brown. Defendant appeals. We hold that the Trial Court did not err in denying Defendant's motion for summary judgment because the Trial Court did have subject matter jurisdiction to hear this will contest based on this breach of contract claim. We further find that the Trial Court did not err in granting the Plaintiffs' motion for summary judgment after also finding that the June 13, 2002 contract to execute mutual wills was supported by adequate consideration. We affirm the judgment of the Trial Court.

http://www.tba2.org/tba_files/TCA/2011/browni_100411.pdf

MICHAEL G. McCALL v. JENNIFER SUE McCALL a/k/a JENNIFER SUE JORDAN

Court: TCA

Attorneys:

Mitchell G. Tollison, Jackson, Tennessee, for the appellant, Jennifer Sue McCall a/k/a Jennifer Sue Jordan.

No other attorney noted

Judge: FARMER

Mother and Father, the divorced parents of two minor children, filed a joint motion in the trial court to modify the permanent parenting plan. The trial court denied the joint motion and Mother appeals.

http://www.tba2.org/tba_files/TCA/2011/mccallm_100411.pdf

KIMBERLY L. SMITH v. GARY E. MILLS, M.D., ET AL.

Court: TCA

Attorneys:

Jimmy W. Bilbo, Cleveland, Tennessee, for the appellant, Kimberly L. Smith.

F. Laurens Brock and Nathaniel S. Goggans, Chattanooga, Tennessee, for the appellees, Gary E. Mills, M.D. and Beacon Health Alliance, P.C.

Judge: MCCLARTY

This is an appeal from a jury verdict in a medical malpractice case. The jury entered a judgment in favor of the defendants. The plaintiff has appealed. We affirm the trial court's judgment.

http://www.tba2.org/tba_files/TCA/2011/smithk_100411.pdf

STATE OF TENNESSEE, ex rel MARY TUCKER v. RANDY SIMMONS

Court: TCA

Attorneys:

Dee Shawn Peoples, Memphis, Tennessee, for the appellant, Randy Simmons

Robert E. Cooper, Jr., Attorney General and Reporter, Marcie E. Greene, Assistant Attorney General, Nashville, Tennessee, for the appellee, State of Tennessee ex rel, Mary Tucker

Judge: HIGHERS

When Father failed to pay child support as ordered, the State filed a petition for contempt against him. The juvenile court found him in civil contempt based upon his willful nonpayment. We affirm.

http://www.tba2.org/tba_files/TCA/2011/tuckerm_100411.pdf

BOB KEITH WATSON v. TENNESSEE DEPARTMENT OF SAFETY
CORRECTION On page one within the first sentence, "This is appeal involves..." has been changed to "This appeal involves".

Court: TCA

Attorneys:

William Kennerly Burger, Murfreesboro, Tennessee, for Petitioner/Appellant Bob Keith Watson

Robert E. Cooper, Jr., Attorney General and Reporter, Joseph F. Whalen, Associate Solicitor General and Benjamin A. Whitehouse, Assistant Attorney General, for Respondent/Appellee Tennessee Department of Safety

Judge: KIRBY

This appeal involves the forfeiture of personal property seized in connection with a criminal investigation. The petitioner's home was searched pursuant to a search warrant executed on his home. Items of his personal property were seized by authorities, and later forfeited and sold. The petitioner property owner filed this lawsuit, arguing that administrative protocols regarding forfeiture proceedings were not followed and contesting the forfeiture of his personal property. The administrative law judge held that the forfeiture and sale were valid, and the property owner appealed to the trial court. The trial court affirmed. The property owner now appeals to this Court. We affirm.

http://www.tba2.org/tba_files/TCA/2011/watsonb_COR_100411.pdf

Out-of-State Dealer's Nexus as a Result of Activities of In-State Distribution Center

TN Attorney General Opinions

Date: 2011-10-04

Opinion Number: 11-71

http://www.tba2.org/tba_files/AG/2011/ag_11_71.pdf

TODAY'S NEWS

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Legal News

Editorial: Scrutiny for judges ... and legislators

In an editorial, the Commercial Appeal says it's possible that the make-up of the Court of the Judiciary should be modified, but that "while they're at it legislators should use the opportunity to examine whether their own watchdog -- the Tennessee Ethics Commission -- should make its records more accessible, as well."

Read the editorial

Ford & Harrison to open in Nashville

Atlanta-based labor and employment law firm Ford & Harrison announced today its plan to set up shop in Nashville, marking the firm's second office in Tennessee and 24th nationwide. The firm already has an office in Memphis.

The Nashville Business Journal has more

Washington County DA recuses self in Crumley matter

The Washington County District Attorney General's Office will step aside from prosecuting its former leader, Joe Crumley, to avoid any appearance of impropriety, current District Attorney General Tony Clark has said. Clark confirmed that he has requested the District Attorneys' Conference appoint a Pro Tem prosecutor to handle the case against Crumley, a one-term DA who lost the 2006 election to Clark. There are several charges against Crumley that stem from a police pursuit and minor crash late last month.

The Johnson City Press has the story

Owens' case highlights help for domestic violence

There is more help available for women in violent relationships than there was when Gaile Owens plotted to have her abusive husband killed decades ago. After she was sentenced to death, former Gov. Phil Bredesen commuted her sentence to life, and the parole board voted last week to free her. "If Gaile had access to the resources that we have today, we wouldn't have even had to deal with this mess," Pat Shea, president and CEO of the YWCA, says, in encouraging women to seek help and make a safety plan. Owens' case has highlighted domestic violence and that there are so many ways to get help.

Read Gail Kerr's column in the Tennessean

GCs fare better than those in firms under glass ceiling

Women make up only 20 percent of general counsels in Fortune 500 companies, but they are faring better than women at elite law firms. According to one study, only 6 percent of the country's 200 highest-grossing firms have a female managing partner. This is source of frustration for many observers, especially since women have received more than 40 percent of all law school degrees awarded each year since 1986. A new book, Courageous Counsel, interviews 42 current and former female GCs in the Fortune 500 and found 42 different ways to get to the top. "Just because you don't look like or act like or have the same CV as the person who did a job before you, that doesn't mean you aren't precluded from doing it too," author Kara Baysinger says.

Law.com examines the glass ceiling and where the cracks are

Zipps confirmed to fill Roll's seat

The U.S. Senate has elevated a federal magistrate judge, Jennifer Zipps, to the district court bench in Arizona, filling a position that has been vacant since the shooting death of Judge John Roll. Roll, who was chief judge of the U.S. District Court in Arizona, died in January in the same incident in which U.S. Rep. Gabrielle Giffords (D-Ariz.) was shot.

The Blog of Legal Times reports

Baker firm team wins dragon boat race

Recently a 21-person team from the Memphis office of Baker Donelson represented the legal community proudly by taking first place in the city's inaugural Duncan-Williams Dragon Boat Races. The event benefited the Tennessee Clean Water Network and included 32 teams from organizations in the Memphis area. Attorneys on the team included Kate Bogard, Jake Dickerson, Kacie Flinn, Mark Glover, Chad Graddy, Trey Haire, Brent Siler, Robert Tom, Emily Walker and Mason Wilson.