Entertainment & Sports Law CLE coming to Belmont

The latest hot button topics in an ever-changing entertainment industry will take center stage this Thursday when the TBA's Entertainment and Sports Law Section hosts a CLE program at Belmont University's Curb Center. The program will feature Kos Weaver and Jessi Alexander with Disney Music Publishing, Lynn Morrow of Adams and Reese, and a panel of literary publishing aficionados, including Francis M. Wentworth Jr., vice president and general counsel at Thomas Nelson.

Register or learn more now

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.

VICKIE J. MYERS v. VANDERBILT UNIVERSITY

Court: TWCA

Attorneys:

Raymond S. Leathers, Nashville, Tennessee, for the appellant, Vanderbilt University.

Kirk L. Clements, Goodlettsville, Tennessee, for the appellee, Vickie J. Myers.

Judge: KOCH

This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tenn. Code Ann. section 50-6-225(e)(3) (2008) for a hearing and a report of findings of fact and conclusions of law. After developing an allergy to latex, a hospital employee filed a claim for workers' compensation benefits in the Chancery Court for Davidson County. While the case was pending, the trial court declined to require the employee to submit to an independent medical examination in accordance with Tenn. Code Ann. section 50-6-204(d)(1) (Supp. 2009). The trial court conducted a bench trial and determined that the employee's latex allergy was an occupational disease. The trial court also determined that the employee had a fifteen percent impairment to the body as a whole and awarded her permanent partial disability at fifty percent. The employer has appealed. We have determined that the trial court erred by failing to require the employee to submit to an independent medical examination. Accordingly, we vacate the judgment and remand the case for further proceedings.

http://www.tba2.org/tba_files/TSC_WCP/2010/myersv_051110.pdf


STATE OF TENNESSEE, DEPARTMENT OF CHILDREN'S SERVICES, v. WANDA B., IN THE MATTER OF: VICTORIA S., (dob 3/16/94), E'CATHERINEA B., (dob 9/15/09), AND AMEYA B., (dob 7/26/09)

Court: TCA

Attorneys:

Robbie C. Lewis, Kingsport, Tennessee, for the appellant, Wanda B.

Robert E. Cooper, Jr., Attorney General and Reporter, and Douglas Earl Dimond, SeniorCounsel, Nashville, Tennessee, for the appellee, State of Tennessee, Department of Children's Services.

Judge: FRANKS

The Department of Children's Services brought this action to sever the parental rights of the mother to her three minor children. As the case developed, the sole ground for termination relied upon by the Department was the mother's conviction for violation of Tenn. Code. Ann. section 39-15-402, concerning child abuse. However, this particular statute is not listed as the grounds for termination in Tenn. Code Ann. section 37-1-102(C). The Trial Court terminated the parental rights based upon her criminal conviction. The mother has appealed. We reverse the Trial Court on the grounds that the statute relied upon by the Department does not establish grounds for termination of parental rights.

http://www.tba2.org/tba_files/TCA/2010/wandab_051110.pdf


STATE OF TENNESSEE v. BRITTANY SCOTT PYE

Court: TCCA

Attorneys:

Larry Samuel Patterson, Jr., Columbia, Tennessee, for the appellant, Brittany Scott Pye.

Robert E. Cooper, Jr., Attorney General and Reporter; Deshea Dulany Faughn, Assistant Attorney General; and Mike Bottoms, District Attorney General, for the appellee, State of Tennessee.

Judge: WELLES

The Defendant, Brittany Scott Pye, was convicted by a Maury County jury of sale of .5 grams or more of cocaine, a Class B felony. See Tenn. Code Ann. section 39-17-417. Following a sentencing hearing, the trial court imposed a fifteen-year sentence for this conviction, which was ordered to be served consecutively to two prior sentences. In this direct appeal, the Defendant challenges only the imposition of consecutive sentences. After a review of the record, we affirm the judgment of the trial court. However, we must remand for entry of a corrected judgment.

http://www.tba2.org/tba_files/TCCA/2010/pyeb_051110.pdf


TODAY'S NEWS

Legal News
Flood Impact
Upcoming
Passages
TBA Member Services

Legal News
State seeks execution date for Irick
State attorneys are asking the Tennessee Supreme Court to set an execution date for Billy Ray Irick, the 51-year-old death row inmate convicted in the 1985 rape and slaying of a 7-year-old Knoxville girl he had been babysitting. Irick's attorney, Howell Clements, says he plans to file a response requesting the court not set an execution date because a long-standing mental illness makes his client incompetent to be executed, Knoxnews.com reports.

LAW newsletter looks at current legal topics
The latest newsletter from Nashville's Lawyers' Association for Women, Marion Griffin Chapter, highlights a pair of issues in the news -- flood relief efforts by lawyers and the scheduled execution of Gaile Owens. LAW member Martha Boyd offers a wrap-up of activities by Nashville area lawyers in helping those affected by the recent flooding, while Jackie Dixon interviews Nancy Jones on the Owens case. Jones, who has been an active volunteer and recent leader of the YWCA of Nashville and Middle Tennessee, talked about the YWCA's decision to ask Gov. Bredesen to commute Gaile's death sentence to life in prison, and her decision to write a guest column on the topic for the Tennessean.
See the Law Matters newsletter on the LAW web site
GOP judicial candidates appear at forum
Republican candidates vying for the open Chancery Court seat in Hamilton County stressed their conservative stances during a Monday night campaign event. The five GOP candidates are competing for the nomination and a chance to run against Valerie Epstein, the only Democrat running to fill that seat that had been held by Chancellor Howell Peoples until his retirement.
Read more in the Times Free Press
Shelby commissioners to pick replacement judge
The Shelby County Commission will vote June 7 on a replacement for General Sessions Criminal Court Judge Ann Pugh, who retires May 31. While the position is nonpartisan, political observers expect that court makeup may determine who is elected. Democrats hold a majority on the commission.
Read more in the Commercial Appeal
Flood Impact
Recovery centers open in Millington, Dyersburg
State and federal agencies today opened Disaster Recovery Centers in Millington and Dyersburg where victims of flooding can get face-to-face help with questions about federal assistance from the Federal Emergency Management Agency, the Small Business Administration and other programs. The Millington center is in the Millington Civic Center, 8077 Wilkinsville, and the Dyersburg center is at the Dyersburg Mall, 2700 Lake Road.
The Commercial Appeal has more
Legislators ask for more money for recovery
Tennessee legislators are urging President Obama to add money to an upcoming appropriations bill to help pay for recovery in 52 counties that suffered in the recent flooding. The state's congressional delegation wrote that, "Tennesseans are helping themselves and their neighbors, but Tennessee will require federal assistance beyond what current emergency programs' funding can support."
Read more from Knoxnews.com
SBA to open recovery center
The Small Business Administration is opening a business recovery center at Tennessee State University in downtown Nashville, the Nashville Business Journal reports. The center, which will be open from 8 a.m. to 7 p.m., Monday through Saturday, can help businesses that were hurt by flooding navigate the process of getting federal aid. The recovery center can be reached by calling (800) 659-2955

Want to give?
The Tennessean carries a list of fundraisers, donation campaigns and more that are raising money to help flood victims and recovery efforts.
See the full list
Upcoming
UT Law hooding ceremony to be webcast
The University of Tennessee College of Law Hooding Ceremony will be webcast live at 5 p.m. Eastern time on Friday.
Here's where you'll find the webcast
Vanderbilt graduation set for Friday
Vanderbilt Law School's Commencement Ceremony is scheduled to begin at about 10:30 a.m. on Friday, immediately following Vanderbilt University's Commencement ceremony, at which graduates of all Vanderbilt schools and colleges are honored. The law school ceremonies will take place at Curry Field adjacent to Vanderbilt Law School.
Find out more
Passages
Services planned for Arlington attorney
Services will be May 28 for Arlington attorney Paul E. Lewis, who died at his home on Friday. He was 61. Mr. Lewis was a practicing attorney in the Memphis area for over 30 years. A former DUI judge, he was board-certified in DUI defense by the National College for DUI Defense and certified as a DUI specialist by the Tennessee Supreme Court's Commission on Continuing Legal Education. He has served on the faculty at the National College for DUI Defense at Harvard Law School and has been a contributing author to the Tennessee Association of Criminal Defense Lawyers magazine and the National DUI Journal. The memorial service will be held Friday, May 28, at 1 p.m., at Faith Baptist Church of Bartlett.
The Commercial Appeal has more
TBA Member Services
Think FedEx first
If you've been shipping with other carriers, it's time to switch to FedEx. Not only will you get peace of mind from reliable FedEx shipping, but you can also take advantage of great savings on FedEx shipping as well as FedEx Office services by enrolling in the FedEx member benefits program.
Take advantage of your member discounts on select FedEx shipping services and FedEx Office business services

 
 
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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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