CLE: Learn the basics of business transactions

The Tennessee Bar Association's Transactional Practice CLE seminar will be in Memphis on Oct. 26, providing attorneys a six-hour program to gain the information, tools and tips needed to successfully handle most business transactions. Sponsored by the TBA's Young Lawyers Division, this program offers an overview of different forms of business entities, with an emphasis on what entities are best for various clients and business plans, as well as the tax implications associated with each entity. There will also be sessions on real estate transactions, mergers and acquisitions, debt financing and equity financing.

Learn more or sign up 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.

01 - TN Supreme Court
01 - TN Worker's Comp Appeals
00 - TN Supreme Court - Rules
06 - TN Court of Appeals
01 - TN Court of Criminal Appeals
01 - 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.

SHELBY COUNTY HEALTH CARE CORPORATION d/b/a REGIONAL MEDICAL CENTER v. NATIONWIDE MUTUAL INSURANCE COMPANY

Court: TSC

Attorneys:

Parks Tedford Chastain and Gordon C. Aulgur, Nashville, Tennessee, for the appellant, Nationwide Mutual Insurance Company.

Curtis H. Goetsch and Gary Carlton McCullough, Germantown, Tennessee, for the appellee, Shelby County Healthcare d/b/a Regional Medical Center.

Judge: WADE

Kevin L. Holt, injured in an automobile accident in Arkansas, was first taken by ambulance to an Arkansas hospital and then transported to the Regional Medical Center in Memphis, where he incurred $33,823.02 in expenses. Shelby County Health Care Corporation, the operator of the Regional Medical Center, filed affidavits for a lien as prescribed by statute. Thereafter, Nationwide Mutual Insurance Company, which had medical coverage for Holt with limits of $5,000, paid $1,290 for ambulance services and $3,710 to the Arkansas hospital. Shelby County Health Care Corporation sued Nationwide for impairment of its lien, seeking as recovery the entire amount due for its medical services to Holt. The trial court awarded $5,000 in damages. The Court of Appeals revised the amount of the judgment to $33,823.02. Because we have determined that liens under the Hospital Lien Act do not attach to medical payment benefits paid pursuant to an insurance policy, the judgment of the Court of Appeals is reversed and the cause is dismissed.

http://www.tba2.org/tba_files/TSC/2010/shelbycounty_101310.pdf


STEVEN WILLIAMS v. UNITED PARCEL SERVICE ET AL.
CORRECTION: By order of the court, this opinion replaces the opinion filed on September 28, 2010


Court: TWCA

Attorneys:

David T. Hooper, Brentwood, Tennessee, for the appellants, United Parcel Service and Liberty Mutual Insurance Company.

William J. Butler, Lafayette, Tennessee, for the appellee, Steven Williams.

Judge: KOCH

This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel. An employee who sustained a compensable injury to his left knee in 2006 filed suit in the Chancery Court for Wilson County seeking to recover benefits for an additional injury to his right knee allegedly caused by over-reliance on his right leg as a result of the earlier injury to his left knee. The employer denied liability and sought to introduce at trial a Medical Impairment Registry ("MIR") report prepared in accordance with Tenn. Code Ann. section 50-6-204(d)(5) (Supp. 2009). The trial court sustained the employee's objection to the introduction of the MIR report. Following a bench trial, the trial court determined that the 2006 injury to the employee's left knee was compensable and awarded the employee 27% permanent partial impairment to each leg. On this appeal, the employer asserts that the trial court erred by excluding the MIR report, by finding that the injury to the employee's right knee was a new, compensable injury, and by basing its award on the impairment rating of the employee's physician. We affirm the judgment.

http://www.tba2.org/tba_files/TSC_WCP/2010/williamss_101310.pdf

Order of the court
http://www.tba2.org/tba_files/TSC_WCP/2010/williamss_order_101310.pdf


JULIE-CRISTIE (BARONE) NEAL v. VERONICA MONDE BARONE, ET AL.

Court: TCA

Attorneys:

C. Douglas Fields, Crossville, Tennessee, for the appellants, Veronica Monde Barone and Anthony F. Barone.

Jon E. Jones, Cookeville, Tennessee, for the appellee, Julie-Cristie (Barone) Neal.

Judge: MCCLARTY

Julie-Cristie (Barone) Neal ("Step-Daughter") brought an action to quiet title to a nearly three hundred acre farm in Cumberland County, Tennessee, against Veronica Monde Barone ("Ex-Wife") and Anthony F. Barone ("Father"). She primarily asserts that she has acquired adverse possession rights in the entire farm pursuant to Tenn. Code Ann. section 28-2-103. The disputed property was also the subject of prior litigation in a circuit court proceeding involving the enforcement of a foreign judgment and fraudulent conveyance claims against Father by Ex-Wife as a judgment creditor. In the present action Ex-Wife moved for summary judgment on several theories including the assertion that filing a lien lis pendens barred Step-Daughter's adverse possession claim. The trial court denied the motion for summary judgment on all grounds. Ex-Wife filed a motion asking the trial court for permission to submit an application for interlocutory appeal on one issue raised on summary judgment - whether the lien lis pendens tolled the seven-year adverse possession statute found in Tenn. Code Ann. section 28-2-103 during the circuit court proceeding. The trial court granted that motion and we likewise granted the application for interlocutory appeal on the asserted issue. We reverse the trial court's judgment on the sole issue presented to us.

http://www.tba2.org/tba_files/TCA/2010/baronej_101310.pdf


YUKO GAREN v. RAYMOND MCCLURE BOWMAN III D/B/A BMR CONSTRUCTORS

Court: TCA

Attorneys:

Rodger Neill Bowman, Clarksville, Tennessee, for the appellant, Raymond McClure Bowman III d/b/a BMR Constructors.

Adrian R. Bohnenberger, Clarksville, Tennessee, for the appellee, Yuko Garen.

Judge: BENNETT

This case involves an unusual procedural history and requires us to examine the consequences of an oral motion for voluntary dismissal for which a written order was not entered. We have determined that the trial court did not err in its rulings.

http://www.tba2.org/tba_files/TCA/2010/gareny_101310.pdf


LYNNE PILKERTON HUDSON v. FOSTER EUGENE HUDSON, SR.
CORRECTION: On page 1, the name of the law firm for attorney William Bowen has been corrected to be "Kizer, Bonds, Hughes & Bowen"


Court: TCA

Attorneys:

James H. Drescher, Drescher & Sharp, P.C., Nashville Tennessee, for Plaintiff/Appellant, Lynne Pilkerton Hudson.

William D. Bowen, Kizer, Bonds, Hughes & Bowen, PLLC, Milan, Tennessee, for Defendant/Appellee Foster Eugene Hudson, Sr.

Judge: KIRBY

This is an interlocutory appeal involving intercounty transfer of post-divorce matters. The divorce was granted in Carroll County, Tennessee. The mother and the parties' minor child reside in Davidson County, Tennessee. The father once resided in Carroll County, but has since moved to Georgia. The father filed a motion in the Carroll County trial court seeking modification of child support, alimony, and the parenting plan. The mother filed a request to transfer the case to Davidson County. The Carroll County trial court granted the transfer as to the child support and parenting plan issues, but denied transfer as to the alimony issues. Both the trial court and the appellate court granted the mother's request for permission for an interlocutory appeal. We affirm in part, reverse in part, and remand, finding that the entire case must be transferred to Davidson County.

http://www.tba2.org/tba_files/TCA/2010/hudson_COR_101310.pdf


JOSEPH PATRICK HYDE v. AMANDA BRADLEY

Court: TCA

Attorneys:

Mark T. Freeman, Nashville, Tennessee, for the appellant, Joseph Patrick Hyde.

James B. Hawkins and Randy Lucas, Gallatin, Tennessee, for the appellee, Amanda Bradley.

Judge: STAFFORD

This is an appeal from the trial court's denial of Father/Appellant's petition to be named the minor child's primary residential parent or, in the alternative, to increase his parenting time. The trial court denied Father's petition, and also denied Father an award of attorney's fees and costs under Tenn. Code Ann. section 36-5-103(c). Finding that Father failed to meet his burden to show a material change in circumstances sufficient to warrant a change in the child's primary residential parent and/or the child's residential schedule, and that the trial court did not abuse its discretion in denying attorney's fees and costs, we affirm.

http://www.tba2.org/tba_files/TCA/2010/hydej_101310.pdf


MAXWELL MEDICAL, INC., Successor in Interest to Max Well Medical, LLC. v. LOREN L. CHUMLEY, COMMISSIONER OF REVENUE, STATE OF TENNESSEE

Court: TCA

Attorneys:

Charles A. Trost, Brett R. Carter and Christopher A. Wilson, Nashville, Tennessee, for the appellant, Maxwell Medical, Inc.

Robert E. Cooper, Jr., Attorney General and Reporter, Michael E. Moore, Solicitor General, and Mary Ellen Knack, Senior Counsel, for the appellee, Loren L. Chumley, Commissioner of Revenue, State of Tennessee.

Judge: FARMER

The trial court determined that glucometers sold by Plaintiff taxpayer during the tax period January 1, 2001, through September 30, 2003, were not exempt from sales and use tax under Tennessee Code Annotated section 67-6-314(5)(1998). The trial court entered summary judgment in favor of the Commissioner of Revenue. Plaintiff taxpayer appeals. We affirm.

http://www.tba2.org/tba_files/TCA/2010/maxwell_101310.pdf


BETHANY (BUMGARNER) SCHROEDEL v. TIMOTHY ADAM BUMGARNER

Court: TCA

Attorneys:

Wayne R. Stambaugh, Morristown, Tennessee, for the appellant, Bethany (Bumgarner) Schroedel.

No attorney listed for appellee.

Judge: SWINEY

Bethany (Bumgarner) Schroedel ("Mother") and Timothy Adam Bumgarner ("Father") are the divorced parents of one minor child ("the Child"). In October of 2007, Mother filed a petition alleging, among other things, that Father was refusing to allow Mother her visitation with the Child. Mother's petition sought, in part, to modify the parenting plan to name Mother as the Child's primary residential parent. After a trial, the Trial Court entered an order on June 29, 2009 finding and holding that a change of circumstances existed that affected the Child's well-being in a meaningful way, but not one sufficient to justify a change in primary residential custody. The Trial Court's June 29, 2009 order did modify the parenting plan to allow Mother greater visitation. Mother appeals to this Court raising an issue regarding the Trial Court's refusal to change primary residential custody, and an issue regarding the Trial Court's finding her in contempt. We affirm the Trial Court's order as to the parenting plan, vacate the Trial Court's order finding Mother in contempt, and remand for further proceedings in compliance with this Opinion.

http://www.tba2.org/tba_files/TCA/2010/schroedelb_101310.pdf


MICHAEL WAYNE MAPLES v. STATE OF TENNESSEE
With Concurring Opinion


Court: TCCA

Attorneys:

Andy Long, Maryville, Tennessee, for the appellant, Michael Wayne Maples.

Robert E. Cooper, Jr., Attorney General and Reporter; Renee Turner, Assistant Attorney General; Michael L. Flynn, District Attorney General; and Ellen Berez, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: WITT

The petitioner, Michael Wayne Maples, appeals from the Blount County Circuit Court's denial of his petition for post-conviction relief attacking his convictions of two counts of especially aggravated kidnapping on the basis of the ineffective assistance of trial counsel. On appeal, he contends that trial counsel was ineffective in the investigation and presentation of evidence concerning his mental health. Discerning no error, we affirm the order of the post-conviction court.

http://www.tba2.org/tba_files/TCCA/2010/maplesm_101310.pdf

TIPTON concurring
http://www.tba2.org/tba_files/TCCA/2010/maplesm_CON_101310.pdf


Metropolitan Government Charter: Expansion of Urban Services District

TN Attorney General Opinions

Date: 2010-10-13

Opinion Number: 10-104

http://www.tba2.org/tba_files/AG/2010/ag_10_104.pdf

TODAY'S NEWS

Legal News
Election 2010
Celebrate Pro Bono
Upcoming
Passages
Career Opportunities
TBA Member Services

Legal News
Tennessee AG joins foreclosure inquiry
Tennessee Attorney General Bob Cooper today joined a group of attorneys general and state banking and mortgage regulators examining mortgage foreclosure problems. Although Tennessee is a non-judicial foreclosure state, Cooper said he is trying to determine if any of the problems reported in other states have surfaced in Tennessee. He also used the issue as an opportunity to remind consumers they can contact the state Department of Financial Institutions with mortgage and foreclosure questions, visit the Housing Development Agency for information about the foreclosure process, and meet with a free foreclosure prevention counselor.
Download Cooper's full statement
Citizen group nominates 'worst legislation'
Tennessee Citizen Action has nominated five bills proposed in the General Assembly as possibly the worst legislation of the year, and wants readers to pick the winner. Online voting began today. The worst legislative proposal will be announced at a fundraiser for the group on Oct. 21. That event will take place from 6 to 8 p.m. at the LeQuire Gallery, 4304 Charlotte Avenue, Nashville 37209.
Visit Humphrey on the Hill for a summary of the bills
Justice Center evacuated over suspicious backpack
Metro Nashville police say that a suspicious backpack found near police headquarters on Wednesday turned out to be a bag or knapsack full of clothes. The bag was discovered about 8:30 a.m. by a property guard and protocol dictates that a bomb squad be called in. During the investigation, police closed area streets and evacuated the Justice Center.
The Tennessean reports
Election 2010
Early voting begins today
Early voting begins today in Tennessee's Nov. 2 general election, which includes selection of a new governor, at least three new U.S. representatives, and state House members. Voters also will be asked to determine whether hunting and fishing should be a state right under a proposed constitutional amendment. Officials expect half a million residents to cast ballots early.
Read about the races in the Chattanooga Times Free Press
Election officials work on mending trust
With voters in Shelby County beginning to cast early votes today for federal, state and local elections, the experience of August's primary will be fresh in their minds. Blaming those problems on human error, Shelby County Election Commission officials say they are eager to regain whatever trust was lost by reminding voters that while mistakes were made, there was no evidence of intentional fraud, illegality or conspiracy.
The Commercial Appeal has more
Celebrate Pro Bono
Memphis events help seniors, celebrate volunteers
Two events scheduled for tomorrow (Thursday) in Memphis continue this month's Celebrate Pro Bono activities. Memphis Area Legal Services (MALS) is holding an advance directives clinic at the Katie Sexton Senior Center from 11 a.m. to 1 p.m. In the evening, from 5 to 7 p.m., MALS will celebrate its 40th Anniversary with a reception at the University of Memphis law school. For more information on both events contact Linda Warren Seely at lseely@malsi.org.
See a list of all Celebrate Pro Bono events taking place this month
Upcoming
Wharton invites lawyers to a legal community forum
On Oct. 18, Memphis Mayor A C Wharton will share his vision with the legal community in a forum jointly sponsored by the Association for Women Attorneys, the Memphis Bar Association and the Ben F. Jones Chapter of the National Bar Association. Wharton's theme for his vision, "Creating a City of Choice," emphasizes that all of us are stakeholders and can participate in creating a community that is desirable and enjoyable, according to the MBA.
Watch Wharton's video message
Passages
Tullahoma lawyer dies
Tullahoma lawyer Thomas Marion Hull, 79, died Oct. 11 following an extended illness. While working for State Farm Insurance as a claims adjuster, Hull attended the Nashville YMCA School of Law, graduating in 1958. He was admitted to the bar that same year. In 1962, he, along with Thomas A. Wiseman Jr. and Walter M. "Pete" Haynes formed the Law Firm of Haynes, Wiseman & Hull. He practiced with the firm -- now known as Hull, Ray, Rieder, Ewell & Lane PC -- for 37 years until his retirement in 1999. He then served as of counsel to the firm until 2005. Hull was president of the Coffee County Bar Association and a member of the Federal Bar Examiners Board. The family requests that donations be made to the Hospice Compassus or the Coffee County Lannom Memorial Library. Memorial services will be private.
Read the full obituary
Career Opportunities
Brentwood firm seeks associate attorney
The Brentwood law firm of Mills & Cooper is seeking an associate attorney with two to five years experience to join its litigation practice. The firm defends casualty, property, arson and insurance suits, as well as products liability, professional liability, governmental tort liability and civil rights claims. The open position will focus on insurance defense. Interested candidates should contact the firm at (615) 221-8218.
Learn more about the firm and the opening on JobLink
Water company seeks in house counsel
American Water is seeking an in house counsel for its Chattanooga office. The position will be responsible for advising company leadership on regulation and litigation, as well as employment, labor, business development and environmental issues for operations in Tennessee and Kentucky. Preference will be given to candidates with regulatory experience before the Tennessee Regulatory Authority. Interested parties should contact Donna Braxton at (859) 268-6331.
For more information visit the firm's posting on JobLink
TBA Member Services
First Tennessee is TBA's preferred provider
First Tennessee has crafted a package of discounts to meet the specific needs of Tennessee Bar Association members.
Find savings on merchant credit services, checking and savings, financial planning and more

 
 
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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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