TWO PROGRAMS FOCUS ON NEW LLC ACT

Need to know about the new Tennessee LLC Act? TennBarU has two upcoming programs to help you. On Oct. 25 you can join in a one-hour teleseminar that will feature two of the TBA committee members who helped draft the act. Register or find out more at https://www.tba.org/onsiteinfo/teleseminars/10_25_05.html

In December, you will have another opportunity to learn more about this important new act. A three-hour seminar on the LLC Act will be in Chattanooga and Memphis on Dec. 14 and in Nashville on Dec. 15.

https://www.tba.org/onsiteinfo/llc_2005.html

  
TODAY'S OPINIONS: Friday, October 21, 2005
Following this index are summaries of each case, including its name, first paragraph, author's name, and the names of attorneys for the parties of each opinion.

00 - TN Supreme Court
01 - TN Worker's Comp Appeals
00 - TN Supreme Court - Rules
01 - TN Court of Appeals
01 - TN Court of Criminal Appeals
01 - TN Attorney General Opinions
00 - Judicial Ethics Opinions
00 - Formal Ethics Opinions - BPR

TBA members can get the full-text versions of these opinions three ways detailed below. All methods require a TBA username and password. If you have forgotten your password or need to obtain a password, you can look it up on-line at http://www.tba.org/getpassword.mgi

Here's how you can obtain full-text version. We recommend you download the Opinions to your computer and then open them from there. 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. 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. Browse the Opinion List area of TBALink. This option will allow you to download the original version of the opinion.

Howard H. Vogel
Knoxville, Tennessee
Editor-in-Chief, TBALink

BEN D. BRADEN v. BOEING-OAK RIDGE COMPANY

Court: TWCA

Attorneys:

Matthew J. Evans and John W. Elder, Knoxville, Tennessee, for Appellant, Ben D. Braden.

Timothy W. Conner, Knoxville, Tennessee, for Appellee, Boeing-Oak Ridge Company.

Judge: THAYER

This workers‚ compensation appeal has been referred to the Special Workers‚ Compensation Appeals Panel of the Supreme Court in accordance with Tenn. Code Ann. § 50-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. After a bifurcated hearing on the issue of causation, the trial court found plaintiff‚s cirrhosis of liver condition was not caused by his exposure to methyl ethyl ketone (MEK) and methyl ethyl toluene (MET) and dismissed the complaint. Plaintiff‚s appeal challenges the ruling upon the ground the trial court failed to properly weigh the expert testimony and also upon the ground the trial court applied an incorrect standard of law to the case. We find the evidence preponderates in favor of the conclusion of the trial court and affirm the judgment in all respects.

http://www.tba.org/tba_files/TSC_WCP/2005/bradenb102105.pdf


PETER KEENAN and wife, JAN KEENAN, v. THE CITY OF KINGSTON, TENNESSEE and JIM PINKERTON (in his capacity as CITY MANAGER of CITY OF KINGSTON)

Court: TCA

Attorneys:

Robin S. Kuykendall, Knoxville, Tennessee, for appellants.

Jon G. Roach, Knoxville, Tennessee, for appellee, Jim Pinkerton.

Jack H. McPherson, Jr., Kingston, Tennessee, for appellee, the City of Kingston.

Judge: FRANKS

Petitioners‚ Writ of Certiorari was dismissed as being moot because petitioners had moved outside defendants‚ jurisdiction. On appeal, we affirm and remand with instructions.

http://www.tba.org/tba_files/TCA/2005/keenanp102105.pdf


STATE OF TENNESSEE v. SARAH MARTIN

Court: TCCA

Attorneys:

Kelly S. Johnson, Knoxville, Tennessee, for the appellant, Sarah Martin.

Paul G. Summers, Attorney General & Reporter; Blind Akrawi, Assistant Attorney General;Randall E. Nichols, District Attorney General; Kevin Allen, Assistant District Attorneys General, for the appellant, State of Tennessee.

Judge: SMITH

The defendant was convicted following a jury trial in Knox County for arson and aggravatedburglary, as charged. The trial court sentenced the defendant six (6) months confinement and five (5) years and (6) months on probation to be followed by a second six (6) year sentence to beserved entirely on probation. The defendant argues three (3) issues on appeal: (1) the evidence was insufficient to support her convictions; (2) the trial court erred in allowing testimony at trialcontrary to the defendant‚s motion in limine which was granted by the trial court; and (3) the defendant‚s sentence was imposed contrary to Blakely v. Washington, 542 U.S. ----, 124 S.Ct.2531 (2004) and Apprendi v. New Jersey, 530 U.S. 466 (2000). After a careful review of the record, we affirm the defendant‚s convictions and remand for resentencing.

http://www.tba.org/tba_files/TCCA/2005/martins102105.pdf


Security Officer for General Sessions Court Serving as Grand Jury Foreperson in the Same County

TN Attorney General Opinions

Date: 2005-10-20

Opinion Number: 05-162

http://www.tba.org/tba_files/AG/2005/op162.pdf

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