Law Technology 2008: Marketing, Management and Techology Solutions for Your Firm

An all-new lineup awaits attendees at this year's TBA Law Technology conference, set for Feb. 22. You'll find: legal technology trends for 2008; the latest technology in the courts; practical guides to marketing through webinars, blogs and podcasts from lawyer, author and marketing guru Greg Siskind; the argument for Macintosh computers for lawyers from Ben Stevens, publisher of the well known law office management blog, "The Mac Lawyer"; updates on the pluses and pitfalls of Microsoft Vista and Office 2007; door prize giveaways and more. Register or find out more now:

https://www.tnbaru.com/CLE/catalog_course_details.php?course=5114

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.

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
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.

BARBARA MATHENIA v. MILAN SEATING SYSTEMS

Court: TWCA

Attorneys:

P. Allen Phillips, Jackson, Tennessee, for the appellant, Milan Seating Systems.

Michael A. Carter, Milan, Tennessee, for the appellee, Barbara Mathenia.

Judge: BUTLER

This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tennessee Code Annotated section 50-6-225(e)(3) (2005) for hearing and reporting to the Supreme Court of findings of facts and conclusions of law. The employer asserts that the trial court erred by finding that the employee had proven a compensable injury, determining that the date of injury was May 13, 2004, and awarding the employee a permanent partial disability of 50% to the right arm. Pursuant to our duty to review and weigh the evidence, we conclude that the evidence does not preponderate against the trial court's finding of a compensable injury. We disagree with the trial courtís finding of the date of the injury and the trial court's award. Accordingly, we affirm the finding of a compensable injury and modify the date of injury and the amount of the award.

http://www.tba2.org/tba_files/TSC_WCP/2008/matheniab2_020508.pdf


FARRELL NESBITT V. PAULA NESBITT

Court: TCA

Attorneys:

Lorraine Wade, Nashville, Tennessee, for the appellant, Farrell Nesbitt.

Tusca R. S. Alexis, Nashville, Tennessee, for the appellee, Paula Nesbitt.

Judge: ASH

This appeal arises from a dispute regarding the trial court's award of alimony in futuro to Paula Nesbitt. The trial court granted the partiesí divorce, pursuant to Tennessee Code Annotated section 36-4-129, and ultimately awarded the divorce to the wife because the husband appeared to be at greater fault on the grounds of inappropriate marital conduct. Farrell Nesbitt challenges the trial court's alimony in futuro award, arguing rehabilitative alimony was the proper award. We affirm the trial court's ruling. Costs of this appeal shall be assessed to the appellant, Ferrell Nesbitt.

http://www.tba2.org/tba_files/TCA/2008/nesbittf_020508.pdf


COURTNEY PERRY v. STATE OF TENNESSEE

Court: TCCA

Attorneys:

John H. Parker II, Memphis Tennessee, for the appellant, Courtney Perry.

Robert E. Cooper, Jr., Attorney General and Reporter; J. Ross Dyer, Assistant Attorney General; and Patience Branham, Assistant District Attorney General; for the appellee, State of Tennessee.

Judge: WITT

The petitioner, Courtney Perry, sought post-conviction relief from his conviction of felony murder and especially aggravated robbery. The Shelby County Criminal Court denied relief after an evidentiary hearing. On appeal, the petitioner argues he received ineffective assistance of counsel because trial counsel failed to raise a proper defense of duress and failed to address why the petitioner was present at the murder scene. We affirm the denial of post-conviction relief.

http://www.tba2.org/tba_files/TCCA/2008/perryc_020508.pdf


TODAY'S NEWS

Legal News
Knox Term Limits
TBA Member Services

Legal News
Water-theft suit may move to Supreme Court
A legal battle that has already cost both sides upward of $1 million grew more expensive Monday as a federal judge ruled that Mississippi's billion-dollar water-theft lawsuit against Memphis should be heard by the U.S. Supreme Court. In dismissing the suit, U.S. Dist. Judge Glen H. Davidson ruled that his court lacks jurisdiction because the state of Tennessee, though not named as a defendant, must be brought in as a "necessary and indispensable" party.
The Commercial Appeal reports
Hamilton County sheriff admits to 'making bad choices'
Hamilton County Sheriff Billy Long, already jailed in a federal bribery sting and also charged with cocaine trafficking, apparently described these and other misdeeds to the FBI, some of which were caught on tape. U.S. Magistrate Bill Carter set a Friday detention hearing and ordered Long to remain in custody.
The Times Free Press has the story
Survey on women lawyers has surprising responses
Would women lawyers prefer to work with men or other women? The answer may depend on the age of the female lawyer you're asking, an ABA Journal survey has found.
Find out the results
Union County reaches agreement for jail
A U.S. District Court class action lawsuit has been settled in Union County, which both sides say they see as a "win-win." Doubling bed space, adding a cell block dedicated solely to women, making it a cleaner environment for inmates and a safer place for jailers to work will be the result, without what could have been substantial monetary damages. The federal lawsuit was filed against the county by attorneys John Eldridge, Thomas Eickenberry and Steve Sams on behalf of inmate Kevin Turner, who alleged "deplorable conditions" in the jail.
The News Sentinel reports
Holloway tape is admissible, prosecutor says
A hidden-camera interview with a Dutch student saying missing teenager Natalee Holloway was dead and that he had a friend dump her body at sea is admissible in court, the chief Aruban prosecutor said Monday.
The News Sentinel carried this AP story
Some states seek to limit court's power over lawyers
Legislators in some states are trying to limit the traditional power of their states' supreme courts to regulate the legal profession. In South Carolina, for instance, a Republican legislator is proposing legislation that would eliminate the state supreme court's power to regulate admission to the bar and attorney discipline, reports the National Law Journal. Instead, he wants to see the profession "self-regulated" by a board comprised primarily of lawyers.
Read the article on Law.com
Knox Term Limits
NY Times columnist tries to explain Knox term limits
Backroom politics in Knox County and the overwhelming response of voters wanting change have gotten the attention of a New York Times columnist, WATE-TV reports. On Monday, Dan Barry, who takes his readers into obscure and well known corners of the U.S., turns his spotlight on Knox County government.
Read the New York Times column
TBA Member Services
Avis benefits 'try harder'
TBA members are offered a rental car discount through Avis. Enroll in the Avis Preferred Service at www.avisawards.com to bypass the rental counter and go directly to your car for a faster, easier rental experience. Enter code AWD# A570100.


 
 
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