State supreme court accepts five new cases

The Raybin Perky Hot List assesses five cases recently granted review by the Supreme Court of Tennessee. The two criminal appeals appear to be merely garden-variety sufficiency of the evidence cases but both involve only circumstantial evidence, suggesting the court may be considering altering the standard of review where there is no direct proof.

The most important of the three civil cases explores the scope of coverage for negligent infliction of emotional distress under the "bodily injury" provision of an insurance policy. Another civil case addresses the application of the Res Judicata doctrine when there is an intervening change in the substantive law. The final case involves a breach of contract action where one party adds services to be performed under the contact: Is this merely a renewal or a new agreement? The Hot List also offers a prediction as to how each case may be decided.

Read more from the Hot List

TODAY'S OPINIONS
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TODAY'S NEWS

Passages
Legal News
Correction

Passages
Memphis lawyer dies
Memphis lawyer and TBA senior counselor John Evans McKee Jr. died Nov. 21 at the age of 88. A funeral service was held today. McKee, a native of Chattanooga, graduated from Vanderbilt University Law School in 1949 and relocated to Memphis where he spent almost 60 years practicing law. His first association was with the law firm of Nelson, Norvell and Floyd. He retired from Lewis, McKee and Hall. The family requests that memorial donations be made to Second Presbyterian Church, 4055 Poplar Ave., Memphis 38111 or the charity of one's choice.
Read more about McKee's life in the Commercial Appeal
Legal News
TBA closes for Thanksgiving
The Tennessee Bar Association will be closed on Thursday, Nov. 24, and Friday, Nov. 25, for the Thanksgiving holiday. The office will reopen at 8 a.m. on Monday, Nov. 28.

Clark: Judicial system 'often a mystery'
Speaking yesterday at the Cleveland Rotary, Tennessee Supreme Court Chief Justice Cornelia Clark said the court system is often a mystery to many people but that it should not be judged by the "occasional glitches" that land it in the news. She also emphasized the importance of having adequate resources, time and facilities for the courts.
The Daily Banner has more
Bass Berry lawyers author foreign business guide
Bass, Berry & Sims attorneys Ross Booher, Wally Dietz and Taylor Phillips have authored "Managing Foreign Subsidiaries," a guide for in-house counsel and business leaders that addresses legal and compliance issues that often arise in international business. It also includes links to a number of online resources and forms.
Learn more from the firm
Are law schools adequately preparing graduates?
Experts repeatedly advise law schools to incorporate more practical training so that students graduate ready to practice. Two schools in Tennessee are moving in that direction. The University of Memphis recently announced it is revamping its curriculum to better reflect trends in the profession, while Belmont University College of Law has placed an emphasis on hiring faculty with significant practice experience.
The New York Times examines the state of the issue
Reporter won't have to testify in retrial case
The News Sentinel reporter who covered the case of a defendant now seeking a retrial will not have to testify about what she saw on the job. Attorneys for the defendant had subpoenaed reporter Jamie Satterfield. News Sentinel attorney Rick Hollow fought the subpoena, relying on Tennessee's press shield law.
The News Sentinel reports
Shelby insurer pays out for clerks' embezzlement
Shelby County government's insurance carrier has paid $884,306 to cover about 90 percent of losses incurred in a recent chancery court embezzlement scheme.
The Commercial Appeal has more
Chattanooga council delays hiring outside counsel
The Chattanooga City Council yesterday decided against hiring an outside attorney to advise it on whether to remove Mayor Ron Littlefield from office. Several commissioners urged the body to wait for further court rulings.
The Times Free Press reports
Palin email hacker to be released
The Associated Press is reporting that David Kernell, who was found guilty of hacking into Sarah Palin's Yahoo! account, was to be released from prison today based on good behavior.
The Tennessean has more
Local judges recuse selves in Sandusky case
All of the judges in Center County -- Penn State University's home county -- have recused themselves from the abuse case against former coach Jerry Sandusky. A senior judge from another county, who also has served as chair of the state's Commission on Juvenile Justice, has been appointed to take over.
WREG-TV Memphis has more
Texas suspends judge in beating video
The Texas Supreme Court has suspended Judge William Adams pending the outcome of an inquiry into the alleged beating of his daughter. A secretly recorded video of the 2004 incident was posted on YouTube and has been viewed more than six million times.
WKRN.com reports
Oregon governor ends state executions
Oregon Governor John Kitzhaber said this week he would halt executions in the state because he believes the death penalty is "morally wrong" and that he refused "to be a part of this compromised and inequitable system any longer."
WREG-TV has more
Correction
A story in yesterday's issue of TBA Today incorrectly referred to Criminal Court Judge Lynn W. Brown with a female pronoun. The story also was not clear as to who was accused of interfering with proceedings in the case. According to the Johnson City Press, the defendant's lawyer accused District Attorney General Tony Clark of interfering with the independence and composition of the grand jury.


 
 
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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.

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