TBA tour brings history to life in France

Join your colleagues in the Tennessee bar on an exciting history tour of France, June 19-25, 2010. You will stay in charming three-star hotels as the group travels from Paris to Giverny, Caen, Bayeux, Honfleur and other Normandy locations, sampling French cuisine, culture and architecture. Highlights of the trip include the Normandy D-Day landing beaches, the Memorial Peace Museum in Caen, the American Cemetery at Omaha Beach, the Chateau of William the Conqueror, the famous Bayeux Tapestry, the island monastery Mont Saint-Michel, and the home and gardens of Claude Monet. Learn more about the trip or register now on TBALink, or watch a webcast about the trip to get detailed highlights and ask questions from tour leaders.
TODAY'S OPINIONS
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IN RE: J.K.D. (DOB 11/26/94) and D.N.D. (DOB 6/26/01)

Court: TCA

Attorneys:

Lisa Z. Bowman, Chattanooga, Tennessee, for the Respondent/Appellant.

M. Keith Davis, Dunlap, Tennessee, for the Petitioner/Appellee.

Judge: FARMER

The juvenile court found Mother's minor children to be dependent and neglected and placed them in the physical custody of Appellee Francine Hicks. The circuit court affirmed the award of custody to Ms. Hicks. Mother appeals. We affirm.

http://www.tba2.org/tba_files/TCA/2009/jkd_100109.pdf


SCOTT PEATROSS, Administrator of the Estate of BLANCHARD GREENWOOD, deceased v. SHELBY COUNTY, TENNESSEE, ET AL.
CORRECTION is on page 1 where we have added Katherine L. Frazier as one of the attorneys for Shelby County Healthcare Corporation


Court: TCA

Attorneys:

Jeffrey S. Rosenblum and Marc E. Reisman, Memphis, Tennessee for the Appellant, Scott Peatross.

Debra L. Fessenden, Memphis, Tennessee for the Appellee, Shelby County Tennessee.

Gail O. Mathes, Memphis, Tennessee for the Appellee, City of Memphis.

James F. Kyle, Jessica M. Hackett, and Katherine L. Frazier, Memphis, Tennessee, for the Appellee, Shelby County Healthcare Corporation d/b/a Regional Medical Center at Memphis ("the Med").

Christopher V. Vescovo, Edd L. Peyton, Memphis, Tennessee, for the Appellee, Amos Raymond, M.D.

Judge: STAFFORD

This appeal results from the trial court's grant of summary judgment in favor of defendants. The issue before the trial court was the scope of a release agreement signed by the decedent's children and one of the defendants ("the Med"). The remaining defendants argued that this agreement provided for the release of claims against all potential defendants. Plaintiff responded that the parties to the agreement had no intention of releasing additional parties. Examining the language of the release and the circumstances surrounding its execution, we agree with the trial court's finding that plaintiff's claims against defendants were released. We also agree with the trial court's finding that the agreement released any civil rights claims that plaintiff might assert against the Med. The judgment of the trial court is therefore affirmed.

http://www.tba2.org/tba_files/TCA/2009/peatrosss_CORR_100109.pdf


IN RE S.A.C. AND S.M.S.C.

Court: TCA

Attorneys:

Phillip Terry Clemons, McMinnville, Tennessee, for the appellant, J.C.B.C.; and Matthew David Edwards, Sparta, Tennessee, for the appellant, T.B.C.

Robert E. Cooper, Jr., Attorney General and Reporter; Michael E. Moore, Solicitor General; and Elizabeth C. Driver, Assistant Attorney General; for the appellee, State of Tennessee Department of Children's Services.

Rachel Hoover Kirby, Nashville, Tennessee, Guardian Ad Litem.

Judge: BENNETT

Mother and Father appeal from a juvenile court order terminating their parental rights to their two children. Finding clear and convincing evidence to support the juvenile court's determination, we affirm.

http://www.tba2.org/tba_files/TCA/2009/sac_100109.pdf


Duty of Train Operator to Blow Whistle Before Crossing Private Drive

TN Attorney General Opinions

Date: 2009-10-01

Opinion Number: 09-161

http://www.tba2.org/tba_files/AG/2009/ag_09_161.pdf

TODAY'S NEWS

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Legal News
IAM inducts 2 Tennesseans as Distinguished Fellows
Former Tennessee Supreme Court Justice and retired Circuit Judge George Brown of Memphis and Jim London of the Knoxville firm of London & Amburn were inducted as Distinguished Fellows of the International Academy of Mediators during the group's recent meeting in London. Also present for the fall meeting of the IAM were Distinguished Fellows Jack Waddey of Nashville and Howard Vogel of Knoxville. Vogel is a member of the IAM Board of Governors. Mediators from 20 different countries attended this meeting at the London offices of the international firm SJ Berwin.
Learn more about the International Academy of Mediators event
Judges Norton, Poole, Houston recognized by group
Soddy Daisy City Court Judge David Norton was named Outstanding Judge of the Year at the Court Watch Partners' Second Annual Judicial Recognition Luncheon Wednesday at the Mountain City Club. Also recognized were Criminal Court Judge Don Poole and Red Bank City Judge Johnny Houston, who were presented Outstanding Service awards.
Read more in the Chattanoogan.com
Newspaper encourages appeal of Juvenile Court decision
The Memphis Flyer today takes on the recent Tennessee Court of Appeals decision preventing establishment of a second Juvenile Court judgeship in Shelby County. Its editorial challenges the logic of the opinion and encourages the County Commission to appeal the case to the Tennessee Supreme Court.
Read the full opinion piece
The city's other newspaper offers a different opinion, saying that appealing the decision would be throwing good money after bad. In its opinion piece, the Memphis Commercial Appeal says "Local government has enough administrators without adding a second Juvenile Court judge and the apparatus required to operate a second division."
Read more in the Commercial Appeal
Alabama court sets precedent on child support payments
In a split decision, the Alabama Supreme Court has set a legal precedent in the state by ruling that child support payments are not automatically extinguished when parental rights are terminated. The court said parental neglect could be rewarded if child support would no longer have to be paid.
Learn more from WRCB-TV
Upcoming
Justice Clark to deliver Florrie Sanders Wilkes Lecture
Tennessee Supreme Court Justice Cornelia Clark will deliver the Florrie Sanders Wilkes Lecture, focusing on women on the appellate bench, at Vanderbilt University Law School on Oct. 13. A Vanderbilt alum, Clark was appointed to Tennessee's Supreme Court in 2005.
Learn more about the lecture
TBA Member Services
Health savings accounts now available
The TBA has partnered with First Horizon Msaver Inc. to offer Health Savings Accounts (HSAs) and HSA-qualified health plans for individuals and groups to members. HSAs are tax-advantaged accounts that let you set aside money to pay for current and future medical expenses. For more information, or to obtain an instant quote for an HSA-qualified health plan, call the TBA's dedicated toll-free customer care line at (866) 257-2659 or visit the TBA member web site.
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TBA Section's case alerts winning rave reviews
The TBA's Tort and Insurance Practice Section now provides its members with email alerts flagging cases of particular interest to them. The emails provide a short synopsis from attorney Kreis White on why a case might be of interest in addition to the TBA Today summary and link. Since it began the service about a year ago, the section has sent members about 40 emails summarizing over 100 cases. Feedback on the program has been extremely positive. To sign up for this benefit, become a member of the Tort and Insurance Practice Section.
Join the Tort and Insurance Practice Section now

 
 
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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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