TBA Law Blog


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Posted by: Brittany Sims on Nov 21, 2012
News Type: BPR Actions

Bobby Dean Davis of Nashville was disbarred on Nov. 20 by the Tennessee Supreme Court for abandoning his practice. The court also ordered him to provide restitution to affected clients. In four cases, clients paid Davis fees for which little or no legal work was performed. In addition, in one of the cases, Davis’ failure to communicate with his client resulted in a default judgment being entered against the client. Davis did not respond to the petition for discipline and did not appear for the final hearing, despite having notice of both. Download the BPR notice.

Posted by: Brittany Sims on Nov 21, 2012

In a unanimous decision, the Tennessee Supreme Court ruled Tuesday that a contract between parties that share provisions similar to a previous contract does not necessarily constitute a renewal of the earlier agreement. The Chattanoogan reports the opinion was based on the case of BSG LLC versus Check Velocity in which BSG referred Weight Watchers to Check Velocity. Weight Watchers and Check Velocity entered into an “Electronic Check Recovery Agreement” during which Check Velocity paid BSG fee residuals. BSG filed suit against Check Velocity when the contract ended and Check Velocity and Weight Watchers entered into another, similar agreement but did not continue to pay BSG fee residuals. The court ruled in favor of Check Velcocity stating the new agreement was not a renewal of the first agreement.

Posted by: Brittany Sims on Nov 21, 2012
News Type: Legal News

Letalvis Cobbins, on retrial for the 2007 Christian Newsom torture-slayings, asked Judge Walter Kurtz to assign him a new court-appointed attorney, WATE Knoxville reports. Cobbins claimed his lawyer Kim Parton has not been representing him well or taking time to explain matters to him. Parton explained that she was prepared to go forward as his counsel and make an effort to keep Cobbins informed. Judge Kurtz denied the motion.

Posted by: Brittany Sims on Nov 21, 2012
News Type: Legal News

The Chattanooga Police Department conducted a gang member roundup Monday and Tuesday termed “Operation Gangsgiving,” the Chattanoogan reports. It included a gang member warrant operation, traffic enforcement and a drug buy/bust operation. There were a total of 64 charges. Of the 34 arrests, 17 were identified as gang members.

Posted by: Brittany Sims on Nov 19, 2012
News Type: BPR Actions

Hawkins County attorney John Douglas Godbee was disbarred by the Tennessee Supreme Court on Nov. 15. The Board of Professional Responsibility filed a petition for discipline against Godbee, charging him with official misconduct. It found that while acting as an assistant district attorney, he solicited and/or received sexual favors from female defendants in exchange for consideration in their cases. Download the BPR notice

Posted by: Brittany Sims on Nov 16, 2012
News Type: Legal News

A 2007 annexation lawsuit has finally received a court date for August 2013, the Rogersville Review reports. In 2006, the Rogersville Board of Mayor and Alderman approved an ordinance that would extend the city limits approximately 1.2. miles and annex several subdivisions and vacant land. Knoxville attorney David L. Buuck filed a lawsuit challenging the annexation early the next year. In 2011, the lawsuit was put on hold pending the outcome of a similar case by the city of Newport.

Posted by: Brittany Sims on Nov 16, 2012
News Type: Legal News

The Judicial Nominating Commission today recommended Jerri S. Bryant of Athens; Michael A. Faulk of Church Hill; and Thomas Radcliff Frierson of Morristown for the position on the Court of Appeals Eastern Section. The vacancy is created by the retirement of Judge Herschel P. Franks on Dec. 31. After holding a public hearing and interview for each of 11 applicants in Chattanooga, the commission sent the list of three to Gov. Bill Haslam. Download press release.

Posted by: Brittany Sims on Nov 16, 2012
News Type: Legal News

U.S District Judge Samuel “Hardy” Mays rejected a request by the Shelby County Commission to compel the Commercial Appeal to release identifying information about those who commented on stories related to the public controversy over the reorganization of Shelby County’s public schools. The commission’s lawyers filed a motion to force the Memphis newspaper to comply with a July subpoena requesting commenters’ identifying information in order to help prove the new state laws enabling municipal school districts in suburban Shelby County was motivated in part by racially discriminatory intent. Judge Mays denied the motions stating, “The information sought by the commission is not relevant to the underlying issue to be decided and is not an appropriate subject of discovery in this case."

Posted by: Brittany Sims on Nov 16, 2012
News Type: Legal News

Gov. Bill Haslam announced today that he is postponing a decision on whether Tennessee will create its own insurance exchange or let the federal government do it, the Chattanooga Times Free Press reports. Haslam is taking advantage of the month-long deadline extension the Obama administration granted upon Rebublican governors’ request.

Posted by: Brittany Sims on Nov 16, 2012
News Type: Legal News

U.S. District Court Judge Aleta Trauger excused the jury foreman in a four-week federal drug conspiracy trial for alleged bullying and abuse of other jurors in the deliberation room, the Tennessean reports.  While U.S Attorney Alex Little provided case law that suggested a juror may not be excused because of his or her views on the case, Trauger said "We are excusing the juror because of the tone of these notes and the fact that a juror has left the room in tears." She excused the foreman, replaced him with an alternate juror and ordered jury deliberations to start anew.


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