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| Wednesday, November 02, 2011 |
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Congressional negotiators to meet on legal funding
As early as this week, negotiators from the U.S. House and Senate Appropriations Committees could meet to hammer out a budget for the Department of Justice and its related agencies. House Appropriations ranking member Rep. Norm Dicks, D-Wash., said in a statement that funding for the Legal Services Corporation (LSC) will be a priority in the talks, while Rep. Frank Wolf, R-Va., (who chairs the subcommittee with jurisdiction over the LSC budget) has said the agency should rely more on resources from law firms, state bar dues and law schools. The negotiators have a wide gulf to span: the House has proposed $300 million -- the lowest funding level in 12 years -- while the Senate approved $396 million for the agency. The ABA, meanwhile, has called on Congress to "look for savings in programs that don't work" and "restore funding" for legal services.
The Law Blog of the Wall Street Journal has more on the story
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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.
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IN RE: THE MATTER OF THE CONSERVATORSHIP OF MITTIE T. ALEXANDER v. JB PARTNERS, A Tennessee General Partnership
Court: TCA
Attorneys:
G. Kline Preston, IV, Nashville, Tennessee, for the appellant, Teresa Ann Alexander, Conservator, on behalf of Mittie T. Alexander.
Susan Bratton Evans, and Raymond T. Throckmorton, III, Nashville, Tennessee, for the appellee, JB Partners.
Judge: FARMER
Plaintiff Conservator filed an action seeking rescission of a warranty deed executed by her Ward prior to the establishment of the conservatorship. The deed conveyed real property in Nashville to Defendant without consideration, but retained a life-estate. Plaintiff alleged incapacity to contract as grounds for recision. Prior to the filing of Plaintiff's action, Defendant and Appellee Intervener executed a contract for sale of the property, subject to the
life-estate. The trial court determined that the Intervener held superior title to the real property under the doctrine of equitable conversion. The trial court entered final judgment
in favor of Intervener pursuant to Tennessee Rule of Civil Procedure 54.02. We affirm in part, reverse in part, and remand.
http://www.tba2.org/tba_files/TCA/2011/alexanderm_110211.pdf
RANDSTAD NORTH AMERICA, L.P. v. TENNESSEE DEPARTMENT OF LABOR AND WORKFORCE DEVELOPMENT
Court: TCA
Attorneys:
Robert E. Cooper, Jr., Attorney General & Reporter; Joseph F. Whalen, Associate Solicitor General; and Joshua Davis Baker, Assistant Attorney General, for the Respondent/Appellant
The Tennessee Department of Labor and Workforce Development.
Gregory H. Fuller, Knoxville, Tennessee, for the Petitioner/Appellee Randstad North America, L.P.
Donald D. Zuccarello, Nashville, Tennessee, for the Respondent/Appellee Erica Doud.
Judge: KIRBY
This appeal involves the constitutionality of a statute on temporary disability benefits, T.C.A. section 50-6-238. The plaintiff employment agency refused to pay temporary disability benefits to an employee who claimed that she was disabled from an on-the-job injury. The employee filed a request for assistance with the defendant Tennessee Department of Labor and Workforce Development pursuant to T.C.A. section 50-6-238. A workers' compensation specialist
entered an order requiring the employer to pay temporary disability benefits to the employee. The employer filed an unsuccessful administrative appeal. The employer then filed the instant petition for common law writ of certiorari alleging, inter alia, that the procedures in T.C.A. section 50-6-238 violate the employer's right to procedural due process. The trial court agreed and held the statute to be unconstitutional on its face. The State appeals. In light of
this Court's recent decision in Tyson Foods v. TDOL, No. M2010-0227-COA-R3-CV, 2011 WL 4790980 (Tenn. Ct. App. Oct. 10, 2011), we reverse the decision of the trial court.
http://www.tba2.org/tba_files/TCA/2011/randstad_110211.pdf
STATE OF TENNESSEE v. ROBERT WHITE
Court: TCCA
Attorneys:
Lee Davis, Chattanooga, Tennessee, for the appellant, Robert White.
Robert E. Cooper, Jr., Attorney General and Reporter; Cameron L. Hyder, Assistant Attorney General; William H. Cox, III, District Attorney General; and Charlie Minor, Assistant
District Attorney General, for the appellee, State of Tennessee.
Judge: WITT
The defendant, Robert White, appeals his conviction of second offense driving under the influence, see T.C.A. section 55-10-401(a)(1); -403(a)(1)(A)(iv), arguing that the evidence was insufficient to support his conviction in light of his acquittal on an alternative count also charging driving under the influence, see id. section 55-10-401(a)(2). Because the seemingly inconsistent verdicts in this case do not render the evidence of the defendant's intoxication infirm or insufficient, the judgment of the trial court is affirmed.
http://www.tba2.org/tba_files/TCCA/2011/whiter_110211.pdf
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| TODAY'S NEWS |
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Legal News
Tenn. Government
Upcoming
Career Opportunities
TBA Member Services
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| Legal News |
| Candidates outline plans for Nashville judicial post |
| The 10 candidates running to replace the late Judge Leon Ruben in Davidson County General Sessions Court appeared before the Metro Council on Tuesday. Their answers to the first several questions were identical, but responses to the question of why they want to be a judge varied considerably. The candidates will be back before the council on Nov. 15 to each give a five minute presentation. The council will select a replacement at that time.
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Read what the candidates said in the Tennessean
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| Stites & Harbison names new chair |
| Stites & Harbison, with two offices in Middle Tennessee, has elected Ken Sagan as its new chair. He will oversee the firm's 250 attorneys in eight cities beginning in January. Sagan is a business lawyer who has worked at the firm since the beginning of his legal career -- serving in both the Louisville and Lexington, Ky., offices. He replaces Kennedy Helm III, who served the firm in the same capacity for 15 years. Helm will continue with the firm as chair emeritus.
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The Nashville Post reports
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| CASA of Northeast Tenn. expands to 4 counties |
| Court Appointed Special Advocates of Northeast Tennessee has expanded its volunteer advocacy services for abused and neglected children to the circuit courts of Washington, Unicoi, Carter and Johnson counties. The volunteer advocacy program has long assisted the juvenile courts in Johnson City and Washington. The expanded service is designed to assist the circuit judges with cases of abuse and neglect that arise from divorce and custody case. To accommodate the expansion, the agency will recruit and train additional volunteers. For information about getting involved call (423) 461-3500. |
The Johnson City Press reports
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| Chattanooga students place third at N.Y. mock trial |
| For the second year in a row a team of homeschoolers from Chattanooga went undefeated and placed third in the Empire City Invitational high school mock trial competition, held annually in Brooklyn, N.Y. Teams from around the world competed for the title and two team members, Stephanie Fast and Vivian Hughbanks, received "Best Attorney" awards. The team was coached by Chattanooga lawyer Scott Maucere and Hamilton County Chancellor Jeff Atherton.
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Chattanooga.com has the news
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| ABA group in Nashville |
| Members of the Fidelity and Surety Law (FSLA) Committee of the ABA Tort Trial & Insurance Practice Section were in Nashville recently for their fall program. The event was held in conjunction with the Fidelity Law Association's annual meeting. The chair of the FSLA committee is Sam H. Poteet Jr., a principal at Manier & Herod in Nashville. Other presenters from Tennessee included Justin D. Wear, also with Manier & Herod.
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Learn more about the FSLA Committee and its activities
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| AAG admits mistakes on gun running case |
| Assistant Attorney General Lanny Breuer admitted this week that he made mistakes after he was briefed last year about tactics being used in the federal gunrunning investigation "Fast and Furious." He apologized Monday for not raising the issue in 2010 with senior leadership within the Justice Department, and was set to testify today before the Senate Judiciary Committee. In related news, release of information about the program revealed a similar precursor program called "Wide Receiver." |
Yahoo News has more
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| Tenn. Government |
| Chattanooga voting districts questioned |
| A local official of the NAACP says the Chattanooga City Council could be in violation of the Voting Rights Act of 1965 by predetermining the number of "majority minority" districts the city should have. Joe Rowe, first vice president of the Chattanooga NAACP, said the council first needs to look at the number of voting blacks within the city and work from those numbers, rather than try to preserve the traditional three districts in which minorities are the majority.
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The Times Free Press reports
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| Governor kicks off series of public budget hearings |
| Gov. Bill Haslam today kicked off the first in a series of public hearings on the upcoming 2012-2013 state budget, which according to state officials is expected to present "tough" challenges. The first session took place in Memphis and was streamed live over the Internet. A second hearing is planned for Knoxville while the rest will be held at the state Capitol.
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Read more about the hearings in the Times Free Press
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| Upcoming |
| UT Law plans homecoming tailgate |
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On Nov. 5, the University of Tennessee College of Law will hold its annual homecoming celebration and tailgate party on the law school patio. The event begins three hours before kickoff. Tickets are $15 each and may be purchased online or by calling (865) 974-6691.
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Learn more here
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| Career Opportunities |
| HCA seeks senior counsel |
| Nashville-based health care company HCA is seeking a senior counsel to work in its Strategic Pricing & Analytics Department and handle commercial and government contracting, payer reimbursement, regulatory issues and healthcare reform matters that impact managed care. A minimum of 10 years legal experience in the field of healthcare law and managed care is desired. To apply, send qualifications to hrdept@hcahealthcare.com.
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Learn more on JobLink
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| TBA Member Services |
| Program offers savings on auto insurance |
| See how being a member of the TBA could help you save 8 percent on car insurance. GEICO offers 24-hour sales, service and claims. Call GEICO at (800) 368-2734
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or get an online rate quote
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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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