Brentwood Academy case argued today at Supreme Court

Attorneys in the decade-old case involving Brentwood Academy and the Tennessee Secondary School Athletic Association were before the U.S. Supreme Court today, arguing whether the association's recruiting rules for high school sports help protect students or infringe on free speech. A ruling is expected by the end of June. The First Amendment Center carries this Associated Press report:

http://www.firstamendmentcenter.org/news.aspx?id=18433

TODAY'S OPINIONS
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Howard H. Vogel
Knoxville, Tennessee
Editor-in-Chief, TBALink

KENNETH POLLY v. SATURN CORPORATION

Court: TWCA

Attorneys:

Marcia McShane Watson, Nashville, Tennessee, for the appellant, Saturn Corporation

Barbara Medley, Lewisburg, Tennessee, for the appellee, Kenneth Polly

Judge: HARRIS

This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel in accordance with Tennessee Code Annotated section 50-6-225(e)(3) for hearing and reporting of findings of fact and conclusions of law. On this appeal, the employer, Saturn Corporation (Saturn), challenges the finding of the trial court that the avascular necrosis (AVN) suffered by the employee, Kenneth Polly, was advanced by his work activities and that the injury sustained by him was compensable under the Workers' Compensation Law. We agree with the trial court's finding and affirm.

http://www.tba2.org/tba_files/TSC_WCP/2007/pollyk_041807.pdf


HAROLD JACKSON v. THELBERTA CLARK SELLS

Court: TCA

Attorneys:

Joseph E. Ford, Winchester, Tennessee, for the Appellant, Thelberta Clark Sells

Mark Stewart, Winchester, Tennessee, for the Appellee, Harold Jackson

Judge: SWINEY

This lawsuit was filed originally by Harold Jackson (Plaintiff) seeking to establish his right to use an easement located on land owned by Thelberta Clark Sells (Defendant). Following a trial, the Trial Court determined that Plaintiff had established his right to an easement. The Trial Court established the physical parameters of the easement and prohibited Defendant from interfering with Plaintiff's proper use of the easement. The Trial Court's judgment establishing Plaintiff's entitlement to the easement was not appealed and became a final judgment. Shortly thereafter, Plaintiff filed a petition for contempt claiming Defendant had erected a fence over the easement and otherwise obstructed Plaintiff's use of the easement. Defendant denied she was in contempt and requested the Trial Court "move" the easement to a more convenient location. The Trial Court found Defendant in contempt of court and refused to "move" the easement. Defendant appeals, and we affirm.

http://www.tba2.org/tba_files/TCA/2007/jacksonh_041807.pdf


LANIER WORLDWIDE, INC. v. STATE OF TENNESSEE, ET AL.

Court: TCA

Attorneys:

Robert E. Cooper, Jr., Attorney General and Reporter; Janie C. Porter, Senior Counsel, for Appellants, State of Tennessee

William B. Hubbard and Marc Jenkins of Nashville, Tennessee; J. Richard Lodge Jr., and Russell S. Baldwin of Nashville, Tennessee for Appellant, Oce Imagistics, Inc.

James A. DeLanis, Darwin A. Hindman, III and Mary Ann Miranda of Nashville, Tennessee for Appellee, Lanier Worldwide, Inc.

Judge: CRAWFORD

This case involves the protest of a bid made pursuant to an invitation to bid issued by the State for copy machines. Upon protest made by several of the bidders as to the bid made by the selected bidder, the board of standards, after review, awarded the contract to the selected bidder. The next qualified bidder filed suit in chancery court, and the chancery court reversed the decision of the board of standards and awarded the contract to the complaining bidder. The State-defendants and the selected bidder appeal. We reverse and remand.

http://www.tba2.org/tba_files/TCA/2007/lanierworldwide_041807.pdf


OUTDOOR MANAGEMENT, LLC, ET AL. v. WILLIAM H. THOMAS, JR.

Court: TCA

Attorneys:

Irma Merrill Stratton of Memphis, Tennessee for Appellant, William H. Thomas, Jr.

David Wade and J. Lewis Wardlaw of Memphis, Tennessee for Appellees, Outdoor Management, LLC and John W. Harris, Trustee

Judge: CRAWFORD

Appellant appeals from the trial court's orders finding Appellant in civil contempt and awarding attorneys' fees and costs to Appellees. We affirm.

http://www.tba2.org/tba_files/TCA/2007/outdoormanagement_041807.pdf


ANTHONY BOND #249793 v. TENNESSEE DEPARTMENT OF CORRECTION

Court: TCCA

Attorneys:

Anthony Bond, pro se Appellant

Paul G. Summers, Attorney General and Reporter; Michael E. Moore, Solicitor General; and Bradley W. Flippin, Assistant Attorney General, Nashville, Tennessee, for the Appellee, Tennessee Department of Correction

Judge: LEE

While an inmate at the South Central Correctional Facility, Anthony Bond was found guilty by the prison disciplinary board of assault on a visitor, placed in punitive segregation for 15 days, and ordered to pay a $5 fine. Mr. Bond challenged the conviction by filing a petition for writ of certiorari in the Wayne County Chancery Court. The trial court, after granting the petition and reviewing a certified copy of the disciplinary record, found that Mr. Bond was not entitled to any relief and dismissed the case. After careful review, we affirm the judgment of the trial court.

http://www.tba2.org/tba_files/TCCA/2007/bonda_041807.pdf


TODAY'S NEWS

Legal News
TBA Member Services
Legislative News
TennBarU CLE

Legal News
Bredesen unhappy with choices for Supreme Court
Gov. Phil Bredesen continued his battle with the state's judicial nominating panel today, saying the latest slate of candidates coming to him are not the "most qualified" candidates the Judicial Selection Commission could have submitted.
Read more in the City Paper
Supreme Court upholds ban on abortion procedure
The Supreme Court has upheld a nationwide ban on a specific abortion method known as partial-birth abortion. It's the first time the court has banned a specific abortion procedure since ruling women have a constitutional right to an abortion. The 5-4 decision was written by Justice Anthony Kennedy.
Read more in the News Sentinel
Person wants increase in child support budget
Saying local child support enforcement operations are "grossly underfunded," Shelby County Juvenile Court Judge Curtis Person told state officials Tuesday that his court will get out of the collection business if the state does not ante up $6.5 million to fund new case workers and attorneys.
The Commercial Appeal reports on the development
Allstate to pay millions in Katrina suit
A federal jury awarded more than $2.8 million to a Louisiana man who lost his home during Hurricane Katrina, arguing that the company did not pay enough to cover wind damage. The company said it was "shocked with the jury verdict" and would appeal.
WSMV News Channel 4 has the story
State wants greater say in Fisk art sale
State Attorney General Bob Cooper wants to deepen his involvement in Fisk University's possible sale of two valuable pieces of artwork, and has petitioned the Davidson County Chancery Court for permission to intervene in a lawsuit between the university and the Georgia O'Keeffe Museum. Fisk is attempting to raise much-needed funds by selling the works. Cooper says the people of Tennessee need to be represented in the proceedings.
Learn more in the Tennessean
Former DOJ attorney says independence gone
Daniel Metcalfe, an attorney at the Department of Justice for 35 years, believes that Attorney General Alberto Gonzales has "shattered" the department's tradition of independence and politicized its operation more than any other attorney general in recent memory. Read his reflections on the latest scandal involving fired U.S. attorneys, as well as general insights into department leadership in this Legal Times story.
Law.com carried the interview
NBA executive director to take post in Florida
After leading the Nashville Bar Association for nine years, Executive Director Susan Sowards is leaving the association on May 11 to become executive director of the Jacksonville, Fla. Bar Association, the NBA announced today.

Scopes trial scene needs repair
The 116-year old courthouse where Tennessee teacher John Scopes was convicted of teaching evolution is in need of repair, according to Richard Cornelius, Rhea County historian and chairman of the Scopes Trial Museum Committee. Items that need attention include bird nests in the attic, cracks in the brickwork and uneven settling.
Read more in the News Sentinel
Judge back from ill-fated adventure
Hamilton County General Sessions Court Judge Ron Durby said he is ready to cruise again despite a recent Titanic-like experience in the Greek Isles. Durby was back on the bench yesterday for the first time since being evacuated from a sinking cruise ship.
Read about his ordeal on Chattanoogan.com
TBA Member Services
TBALink service to be interrupted tonight
The TBALink and TennBarU web sites will be out of service for one or two hours this evening as our web hosting company relocates to new facilities. The move is scheduled to begin at 9 p.m. Central time.

Legislative News
Senate votes to change procedural rule
The Senate on Monday voted 16-13 to require a two-thirds majority vote to make changes to the body's rules of procedure. Previously, the rules required a majority vote to approve changes.
Read about it in the News Sentinel
House rejects reception ban
A proposal by Rep. Brian Kelsey, R-Germantown, to outlaw industry-sponsored receptions was defeated Monday night during House consideration of a noncontroversial ethics bill. Reports filed so far this year show that $255,354 has been spent on 46 events for legislators. The News Sentinel has a list of the most expensive receptions reported.
View the list
TennBarU CLE
'Anatomy of an Acquittal' features attorneys in the news
Attorney Hal Hardin, who just won an acquittal in the Hope Mercer case, and Ed Yarbrough, who successfully defended baby sitter Irina Geiculescu against homicide charges in a recent high-profile trial, will join attorney Roger May and District Attorney Tommy Thompson in the upcoming TennBarU "Anatomy of an Acquittal" program in Nashville. Find out more or register now:
Register or find out more now

 
 
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