Free seminars will help improve online research skills

The Tennessee Bar Association and Fastcase will be offering two online webinars in October to help you boost your online legal research skills. Both are free and are accredited for one-hour of E&P CLE credit. The webinars will give you an overview of how Fastcase works and how you can use it more effectively in your practice. All TBA members have free access to Fastcase and can use it to research court opinions from all 50 states, the U.S. Supreme Court and all Federal Courts of Appeal, as well as statutes, regulations, constitutions, and court rules from all 50 states and from federal sources. Both courses begin at noon central/1 p.m. eastern.

Register for the Oct. 16 seminar

Register for the Oct. 23 seminar
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.

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

You can obtain full-text versions of the opinions two ways. We recommend that you download the Opinions to your computer and then open them from there. 1) 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. 2) 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.

SUPREME COURT DISCRETIONARY APPEALS Grants & Denials List

Court: TSC

http://www.tba2.org/tba_files/TSC/2007/certlist_100807.pdf


KAREN M. DUNEGAN v. WAYNE GRIFFITH

Court: TCA

Attorneys:

Michael J. Stewart, Chattanooga, Tennessee, for the Appellant, Karen M. Dunegan.

M. Keith Davis, Dunlap, Tennessee, for the Appellee, Wayne Griffith.

Judge: LEE

The plaintiff brought this quiet title action asking the trial court to declare her the owner of a parcel of disputed property. Both parties proffered a chain of title ostensibly demonstrating ownership of the unimproved, wooded parcel, and both had been paying property taxes to Bledsoe County on the disputed property. After hearing the plaintiff's proof at a bench trial, the trial court held that the plaintiff's action was actually one for ejectment, which the trial court found "was not plead and which the proof presented at trial was insufficient to sustain," and dismissed the plaintiff's case. We hold that the plaintiff was not required to bring an action for ejectment in order to obtain the relief of a judgment declaring who owns the disputed property. We therefore vacate the trial court's judgment and remand for a new trial.

http://www.tba2.org/tba_files/TCA/2007/dunegank_100807.pdf


GARY WEAVER, ET AL. v. THOMAS R. McCARTER, ET AL.

Court: TCA

Attorneys:

Charles F. Morrow and Elizabeth E. Chance of Memphis, Tennessee for Appellant, Coldwell Banker Hoffman-Burke, Inc., Realtors

Robert L. Moore and Dawn Davis Carson of Memphis, Tennessee for Appellant, Jim Perdue

Henry C. Shelton, III and Tricia T. Olson of Memphis, Tennessee for Gary and Gail Weaver

Judge: CRAWFORD

This is the second appeal of this breach of contract case. In Gary Weaver, et al v. Thomas R. McCarter, et al, No. W2004-02803-COA-R3-CV, 2006 WL 1529506 (Tenn. Ct. App. June 6, 2006), this Court affirmed the trial court's grant of summary judgment in favor of plaintiffs and remanded the case "for further clarification concerning the amount of damages awarded with respect to plaintiff's claims of negligence per se, negligent misrepresentation, and breach of contract." Upon remand, the trial court entered judgment against the defendants jointly and severally and in favor of plaintiffs for compensatory damages and pre-judgment interest. Finding that the trial court abused its discretion in awarding pre-judgment interest, we reverse that portion of the Judgment. We reverse in part and affirm in part.

http://www.tba2.org/tba_files/TCA/2007/weaverg_100807.pdf


TODAY'S NEWS

Passages
Legal News
Upcoming
TBA Member Services

Passages
'Pioneer' Shirley Underwood dies
Judge Shirley B. Underwood, hailed as a pioneer in the law, died yesterday in Johnson City. She was 86. In 2001 she was among those honored in the "50 Years of Pioneers: Early Women in the Law" by the Lawyers Association for Women. At that time she said the highlights of her career were "being appointed judge in October 1961 and being elected by her peers in the National Council of Juvenile and Family Court Judges as America's Outstanding Juvenile and Family Court Judge in 1995." Funeral services for Judge Underwood will be conducted 2:30 p.m. Wednesday in the sanctuary of Central Baptist Church. Interment will follow in the Monte Vista Memorial Park. The family will receive friends from 1 until 2:15 p.m. Wednesday in the welcome corridor of the church.
The UT College of Law has more
Legal News
Knox Mayor calls for special election
Knox County Mayor Mike Ragsdale this afternoon joined Commissioner Mike Hammond in calling for a special election to fill 12 vacancies created by last week's ruling removing the Jan. 31 appointees from office.
Read more in the Knoxville News Sentinel
Memphis lawyer to get 22 years for embezzlement
A longtime Memphis lawyer who embezzled close to $2 million from client estates and from his law partners was sentenced today to 22 years in prison. John Houser Parker, 60, was notably lacking in remorse, was systematic in his thievery and abused the trust of his clients and colleagues, said Criminal Court Judge James Beasley Jr.
The Commercial Appeal reports
Sheriff indicted for 'official misconduct'
A Williamson County grand jury indicted Sheriff Ricky Headley on four counts of official misconduct this morning. Headley, who faces drug charges in Davidson County, was taken into custody after noon, according to Kristin Helm, spokeswoman for the Tennessee Bureau of Investigation. Headley was arrested early this year in Nashville on charges that he was fraudulently obtaining prescription drugs.
The Tennesseean has the story
Till murder still open, 'no one left to indict'
A 1955 civil rights murder case that had been recently renewed will likely go no where for lack of anyone to prosecute. "There is nobody left to indict," said Greg Watkins, one of 19 members of the grand jury that likely will have the last say on the case. "It will be debated forever probably, but there is no one left living to send to jail." The grand jury's target was Carolyn Donham, 73, now of Greenville, Miss. She was the white shopkeeper at whom Emmett Till, a 14-year-old from Chicago who was in Mississippi visiting relatives, wolf-whistled outside of Bryant's Grocery and Meat Market.
The Commercial Appeal has more
Upcoming
Mediation Day is Oct. 18, coalition to honor ADR luminary
The Tennessee Coalition for Mediation Awareness, which includes the TBA's Dispute Resolution Section and Access to Justice Committee, will host a luncheon on Oct. 18 to celebrate Mediation Day. The group also will present the first annual Grayfred Gray Public Service Mediation Award to retired UT College of Law Professor Emeritus Grayfred Gray for his original and lasting contributions to mediation awareness in Tennessee. The event will be held at the Lipscomb Institute for Conflict Management's Ezell Center in Nashville.
For more details, visit the institute's web site
TBA Member Services
Let JobLink help you with your next career move
A career service for Tennessee attorneys and law students, TBA JobLink is a job seeking and recruitment tool available at no charge. Whether you have a position to fill or are seeking employment, this site will guide you through a simple process to post your information.
Visit the site

 
 
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