Senate delays final action on judicial selection

The expected vote on final passage of the judicial selection bill did not materialize today. The Senate was set to take up an amendment to remove a provision from its version of the bill that permits the governor to "reach down" and appoint any applicant for a judgeship after rejecting two panels of three forwarded by the judicial nominating commission. The Senate, however, did not get through its regular calendar today. Thus, it did not take up its message calendar of bills coming from the House. The Senate has a truncated floor session scheduled tomorrow, so it may be Monday before it acts on the bill as amended by the House.
TODAY'S OPINIONS
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TENNESSEE FARMERS MUTUAL INSURANCE COMPANY v. MICHAEL NEILL

Court: TCA

Attorneys:

Steven Ashley Dix, Murfreesboro, Tennessee, for the appellant, Tennessee Farmers Mutual Insurance Company.

Lee Bussart Bowles, Lewisburg, Tennessee, for the appellee, Michael Neill.

Judge: BENNETT

Insurance company filed suit for a declaration that the policy exclusion for intentional acts applied to an injury arising from a paintball game. The trial court ruled for the insured. We affirm.

http://www.tba2.org/tba_files/TCA/2009/neillm_060309.pdf


JAMES DANIEL RICHARDSON ROBERTS, JR. v. CHAMPS-ELYSEES, INC., ET AL.
CORRECTION


Court: TCA

Attorneys:

Janet L. Layman, Nashville, Tennessee, for the appellant, James Daniel Richardson Roberts, Jr.

Eugene N. Bulso, Jr., Nashville, Tennessee, for the appellees, Champs-Elysees, Incorporated and Edna L. Green.

Judge: DINKINS

Appellant challenges the dismissal of his malicious prosecution action and the imposition of Rule 11 sanctions. Finding that an essential element of Appellant's cause of action had been negated, the trial court's dismissal is affirmed. Finding there to be no abuse of discretion, the trial court's imposition of sanctions is affirmed. Finding this appeal to be frivolous as to one of the Appellees, we remand the case for the trial court to determine the damages to be awarded.

http://www.tba2.org/tba_files/TCA/2009/robertsj_corr_060309.pdf


Proposed Amendment to County Charter Statutes

TN Attorney General Opinions

Date: 2009-06-03

Opinion Number: 09-104

http://www.tba2.org/tba_files/AG/2009/ag_09_104.pdf

Pending Legislation Regarding Shelby County General Sessions Court

TN Attorney General Opinions

Date: 2009-06-03

Opinion Number: 09-105

http://www.tba2.org/tba_files/AG/2009/ag_09_105.pdf

TODAY'S NEWS

Legal News
Legislative News
Supreme Court Report
TBA Member Services

Legal News
DA seeks special prosecutor for Lockett case
Knox County District Attorney General Randy Nichols today filed a motion in criminal court asking that his office be recused in the matter of county Law Director Bill Lockett, and that 2nd Judicial District Attorney General Greeley Wells be appointed special prosecutor to investigate, and if necessary, prosecute the matter. Lockett has admitted to taking clients' money when he was an attorney with Kennerly, Montgomery & Finley PC. Meanwhile, county commissioners are seeking to call a special meeting to consider the matter.
Read more in the News Sentinel
Obama reverses Bush immigration rule
In the waning days of the Bush administration, the Justice Department enacted a rule limiting immigrants' access to lawyers in deportation cases. Today, the Obama administration announced it would vacate the order and begin working on a new rule. The issue involves whether an immigrant facing deportation has a constitutional right to reconsideration of his case based on inadequate counsel.
WTVC News 9 has this AP story
Testimony bill could affect child rape case
Legislation recently passed by both legislative bodies would allow a videotaped statement made by a child under the age of 13 as evidence in an abuse case. The child still would be required to face the accused assailant in court and corroborate the video taped testimony. The bill is awaiting the governor's signature but a case in Sumner County may be the first to test its application.
The Tennessean has more
Judge orders U.S. to justify Guantanamo prisoners
A U.S. district judge this week ordered the government to publicly reveal unclassified versions of evidence justifying the continued imprisonment of more than 100 detainees at Guantanamo Bay. The judge ordered the Justice Department to publicly file the documents or request by July 29 the specific information it wants to keep protected.
WTVC News 9 has this AP story
ABA reviews law school accreditation standards
For months, the ABA's law school accrediting body has been working on a comprehensive review of standards governing legal education. Read about some of the likely changes in the ABA Journal.
Get details here
Legislative News
Domestic violence gun bill goes to governor
A proposal that would require individuals subject to an order of protection for domestic violence to turn over their weapons within 48 hours is headed to the governor for his consideration. Under current law, there is no procedure for relinquishing of weapons.
Memphis Daily News has more
Supreme Court Report
Tenn. asbestos ruling reversed
The Supreme Court ruled unanimously this week that railroad workers who seek damages for mental anguish must show that their fear of contracting cancer from asbestos is "genuine and serious." The decision in CSX Transportation Inc. v. Thurston Hensley reversed a ruling by the Tennessee Court of Appeals, sending the case back to the state.
National Underwriter Magazine reports
TBA Member Services
Free online legal research is hot TBA benefit
Online legal research is available free to all Tennessee Bar Association members through an agreement with Fastcase, a leading online legal research firm. The new TBA member benefit is national in scope and offers TBA members unlimited usage, unlimited customer service and unlimited printing -- all at no cost.
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About this publication: Today's News is a compilation of digests of news reports of interest to Tennessee lawyers compiled by TBA staff, links to digested press releases, and occasional stories about the TBA and other activities written by the TBA staff or members. Statements or opinions herein are those of the authors and do not necessarily reflect those of the Tennessee Bar Association, its officers, board or staff.

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