TAM-BYTES

September 26, 2016

Vol. 19, No. 39
TAM Webinars
Attorneys Civil Rights Update: Excessive Force, Unlawful Arrest,
and More, 90-minute audio conference presented by Bryan Moseley,
with Moseley & Moseley in Murfreesboro, on Tuesday, November 1, at 2
p.m. (Central), 3 p.m. (Eastern).
*Earn 1.5 hours of GENERAL credit
Determining Coverage in Tennessee Uninsured/Underinsured
Motorist Cases, 60-minute webinar presented by Melanie M. Stewart,
with Heaton & Moore in Memphis, on Tuesday, November 8, at 2 p.m.
(Central), 3 p.m. (Eastern).
*Earn 1 hour of GENERAL credit
Valuing Damages in Uninsured/Underinsured Motorist Cases in
Tennessee, 60-minute webinar presented by Ned Hildebrand, with
Heaton & Moore in Memphis, on Thursday, November 10, at 2 p.m.
(Central), 3 p.m. (Eastern).
*Earn 1 hour of GENERAL credit
Pretrial Prep: Know Your Court, Judge, Parties, and Case, 60minute webinar presented by Stephanie Balzli, with Shunnarah Injury
Lawyers in Birmingham, on Tuesday, November 15, at 10 a.m. (Central),
11 a.m. (Eastern).
*Earn 1 hour of GENERAL credit
Auto Injury Litigation in Tennessee: Damages Considerations, 60minute audio conference presented by Steven G. Fuller, Nashville
attorney, on Thursday, November 17, at 2 p.m. (Central), 3 p.m. (Eastern).
*Earn 1 hour of GENERAL credit

TAM On-Site Events

Tennessee Workers Comp Conference
WHEN: November 9, 10, & 11
Wednesday afternoon, Thursday (all day), & Friday (morning),
WHERE: Franklin Embassy SuitesNashville South/Cool Springs
CLE: Earn up to 15 hours of CLE (14 GENERAL and 1 DUAL)
On Thursday, attendees may choose to attend a track designed for attorneys or one designed
for employers and others or you may mix the tracks to better serve your needs.

FACULTY: WORKERS COMP JUDGES: Judge Tim Conner; Judge Pamela

Johnson; and Chief Judge Ken Switzer. TENNESSEE BUREAU OF WORKERS
COMPENSATION: Troy Haley; Brian Holmes; and Robert B. Snyder, M.D.
WORKERS COMP/EMPLOYMENT LAW ATTORNEYS: Mary Dee Allen, Wimberly
Lawson Wright Daves & Jones PLLC; Fred Baker, Wimberly Lawson Wright Daves &
Jones PLLC ; Leslie Bishop, Lewis, Thomason, King, Krieg, & Waldrop, P.C.; Kitty
Boyte, Constangy, Brooks, Smith & Prophete, LLP; Adrienne B. Fazio, Manier &
Herod; T. Joseph Lynch, III, Wimberly Lawson Wright Daves & Jones PLLC;
Marshall McClarnon, Ponce Law; Stacie D. Miller, Arnett, Draper & Hagood, LLP;
Jessica Housch Silinsky, Carr Allison; and Kenneth D. Veit, Leitner, Williams,
Dooley & Napolitan PLLC. EMPLOYMENT LAW ATTORNEY: Greg Grisham, Ford &
Harrison LLP. OTHERS: Dr. Jeffrey Hazlewood, Board Certified in Physical Medicine
and Rehabilitation, subspecialty Board Certification in Pain Medicine and Dawn
Trojan-Randle, Claim Specialist at Brentwood Services.

HIGHLIGHTS: Youll hear from Chief Judge Ken Switzer and Judge Pam Johnson,
with the Court of Workers Compensation Claims, as well as Judges Tim Conner and
Marshall Davidson of the Workers Compensation Appeals Board; youll gain insight on
causation issues under the new law from a panel of attorneys and physicians, hear about
when it is appropriate to terminate an employee who has filed a workers comp claim, and
receive a comparison of how workers comp injuries are resolved under the old (preJuly 1, 2014) versus the new (post-July 1, 2014) law; youll get an update on the latest
rulings from the Workers Compensation Appeals Panels, the Workers Compensation
Appeals Board, and the Court of Workers Compensation Claims; youll hear from Bureau
of Workers Compensation representatives on the employer penalty process, Drug
Formulary, pain management rules, and the ombudsman/mediation program; and youll
also get up to date on complex issues, such as Medicare set-asides, handling disputes over
an employees future medical benefits, new pain management rules, hot topics from the
plaintiffs perspective, and ethical issues arising under the new law.

For more information or to register call us at (800) 274-6774 or visit

www.mleesmith.com/tn-workers-comp

Law Conference for Tennessee Practitioners

WHEN: Thursday & Friday, November 17-18
WHERE: Nashville Nashville School of Law
CLE: Earn up to 15 hours of CLE (12 GENERAL and 3 DUAL)
FACULTY: Judge Frank Clement, Court of Appeals, Middle Section; Judge Thomas R.
Frierson, II, Court of Appeals, Eastern Section; Judge W. Neil Thomas, III, Circuit Court,
Hamilton County; Chancellor Ellen Hobbs Lyle, Chancery Court, Davidson County;
Brandon Bass, Law Offices of John Day, PC; Harlan Dodson, Dodson, Parker, Behm &
Capparella, PC; Sandy Garrett, Chief Disciplinary Counsel, Board of Professional
Responsibility; John J. Hollins, Jr., Thompson Burton PLLC; Helen Rogers, Rogers, Kamm
& Shea; Kara E. Shea, Butler Snow LLP; Tom Shaw, Assistant General Counsel, Corrections
Corporation of America; W. Russell Taber, III, Riley Warnock & Jacobson, PLC; Wesley D.
Turner, Gullett Sanford Robinson & Martin PLLC; Chris Vrettos, Gideon, Cooper & Essary
PLC; and Clifford Wilson, Howard Tate Sowell Wilson Leathers & Johnson, PLLC.

HIGHLIGHTS: Get an overview from Chancellor Ellen Hobbs Lyle about the practice and
procedures in the states new business court; get up to date on the latest developments in the
areas of personal injury, family law, and real estate; get practice pointers from Hamilton
County Circuit Judge Neil Thomas on oral and written skills to use in filing and presenting
various pretrial motions; learn the ins and outs of appellate practice and procedure and the
deferential abuse of discretion standard of review from Court of Appeals Judge Frank Clement;
get tips and strategies on advising your clients about the time overtime procedure, which is set
to take effect on December 1; learn how to use websites and social media to promote yourself
and your law practice; get an insiders perspective from the Chief Disciplinary Counsel on the
Boards recent developments; gain insight from Court of Appeals Judge Thomas Frierson on
accepting, terminating, or declining representation.

************************************************************

Family Law Conference for Tennessee Practitioners

WHEN: Thursday & Friday, December 1-2
WHERE: Nashville Nashville School of Law
CLE: Earn up to 15 hours of CLE (12 GENERAL and 3 DUAL)
FACULTY: Amy J. Amundsen, Rice, Amundsen & Caperton PLLC, Memphis;
Judge Joe Binkley, circuit court, Davidson County; Judge Robert L. Childers, circuit
court, Shelby County; J. Todd Faulkner, Law Office of J. Todd Faulkner, Nashville;
Barry Gold, McWilliams & Gold, Chattanooga; James (Jimmy) D. Helton, II, Helton
Law Office, Brentwood; Candi Henry, Dodson Parker Behm & Capparella PC,
Nashville; Sean J. Martin, Martin Heller Potempa & Sheppard, Nashville; Judge Phillip
Robinson, circuit court, Davidson County; Kevin Shepherd, Maryville attorney; Greg
Smith, Stites & Harbison PLLC, Nashville; Eileen Burkhalter Smith, Disciplinary
Counsel, Board of Professional Responsibility; and Judge Joseph Woodruff, circuit
court, 21st Judicial District (Hickman, Lewis, Perry, and Williamson counties).

HIGHLIGHTS: Protecting a clients separate assets; dividing marital property;

technology for the family law practitioner; retirement plans and QDROs; practical tips
from judges across the state; spousal/child support awarding, modifying, or
terminating; e-discovery and social media in divorce; child custody, visitation, and
relocation; contract law for family lawyers; civil and criminal contempt in family
matters; case law/legislative update; ethics and professionalism in family law practice;
and attorneys ethical use of social media.

For more information or to register call us at (800) 274-6774 or visit

www.mleesmith.com/family-law-2016
************************************************************

Probate & Estate Planning Conference for Tennessee Attorneys

WHEN: Thursday & Friday, December 8-9
WHERE: Nashville Nashville School of Law
CLE: Earn up to 15 hours of CLE (12 GENERAL and 3 DUAL)
FACULTY: William (Will) Bell, Jr., Rainey, Kizer, Reviere & Bell PLC, Jackson;
Rebecca Blair, The Blair Law Firm, Brentwood; David Callahan, Goodman Callahan
& Blackstone, PLLC, Nashville; Harlan Dodson, Dodson, Parker, Behm & Capparella
P.C., Nashville; Donald J. Farinato, Hodges, Doughty & Carson, PLLC, Knoxville;
Glen Kyle, Monica Franklin & Associates, LLC, Knoxville; Ralph Levy, Jr.,
Dickinson Wright PLLC, Nashville; Carla Lovell, Sherrard Roe Voight & Harbison,
PLC, Nashville; Hunter R. Mobley, Howard Mobley Hayes & Gontarek, PLLC,
Nashville; Jeff Mobley, Howard Mobley Hayes & Gontarek, PLLC, Nashville; Julie
Travis Moss, The Blair Law Firm, Brentwood; Michelle Poss, Sobel, Poss & Moore,
Nashville; Timothy L. Takacs, CELA, Elder Law Practice of Timothy L. Takacs,
Hendersonville; and M. Matthew Thornton, Bourland, Heflin, Alvarez, Minor &
Matthews, PLC, Memphis.

HIGHLIGHTS: Use of various trusts as estate planning tools; tips for drafting wills
in 2016; trust drafting tips with samples; duties and liabilities of fiduciaries; structuring
marital agreements to deal with estate planning issues; what to look for in reviewing
existing estate plans; business succession planning; qualifying for TennCare;
alternatives to full probate administration; planning for a clients long-term care; tips for
probating a will and administering estates; planning for digital assets; probate litigation
case law and legislative update; ethical issues facing trust and estate planning attorneys;
and ethics in elder care.

For more information or to register call us at (800) 274-6774 or visit

www.mleesmith.com/probate

IN THIS WEEKS TAM-Bytes

Court of Appeals, in healthcare liability action, reverses partial grant
of summary judgment on affirmative defense of comparative fault
when reasonable minds could justifiably reach different conclusions
as to whether plaintiffs failure to comply with her doctors
instructions to return to doctor for INR level follow-up appointment
contributed to subsequent stroke;
In healthcare liability action in which defendants asserted comparative fault
against hospital, Court of Appeals rules plaintiffs failure to file certificate of
good faith applicable to hospital, when no certificate of good faith had been
filed by defendants, mandates dismissal of claim against hospital;
Court of Appeals, in healthcare liability suit, holds pre-suit notice
failed to include HIPAA compliant medical authorization when there
were numerous procedural shortcomings, including failure to retain
copy of signed HIPAA authorization form;
Court of Appeals rules TCA 65-25-122(a), which provides tax
exemption in favor of electric cooperatives, is unconstitutional;
Court of Appeals holds that foreign corporation that has filed action in
Tennessee court without certificate of authority may obtain certificate
during pendency of case and then prosecute action;
Court of Criminal Appeals rules trial court did not err in allowing
evidence found in defendants bedroom in his mothers home to be
admitted at trial when defendant slept in home approximately every
other night, mother stated that she went into defendants bedroom all
the time, and mother consented to search of room; and
Board of Professional Responsibility says lawyer may not propose or
agree to settlement agreement that requires lawyer to turn over any
work product materials as part of settlement if that action will restrict
representation of other clients.
COURT OF APPEALS
TORTS: In healthcare liability action in which plaintiffs asserted that
defendant doctor breached standard of care by prescribing Fioricet to treat
plaintiffs headaches, that Fioricet contains pharmaceutical component,
Butabarbital, that interferes with blood clotting, that having prescribed
Fioricet, plaintiffs contend that defendant doctor had duty to increase
plaintiffs dose of Coumadin, in order to maintain her INR level within
recommended therapeutic range, and defendant doctors failure to modify
Coumadin dosage caused plaintiffs INR level to fall, which, in turn, caused

blood clot and plaintiffs subsequent stroke, trial court erred in granting
plaintiffs partial summary judgment on defendants affirmative defense of
comparative fault, which relied on plaintiffs noncompliance with medical
advice; reasonable minds could justifiably reach different conclusions as to
whether plaintiffs failure to comply with her doctors instructions to return
to doctor for INR level follow-up appointment contributed to stroke. Young
v. Jordan, 9/20/16, Jackson, Armstrong, 11 pages.
http://www.tncourts.gov/sites/default/files/youngstephnyopn.pdf

TORTS: When plaintiff filed healthcare liability complaint with attached

certificate of good faith against defendants, who asserted comparative fault
against hospital, defendants were required to file certificate of good faith
establishing good faith basis for alleging fault against hospital within 30
days of filing their answer, and plaintiff waived this requirement pursuant to
TCA 29-26-122(c) and amended complaint to add hospital as party,
attaching original certificate of good faith to amended complaint, plaintiffs
failure to file certificate of good faith applicable to hospital, when no
certificate of good faith had been filed by defendants, mandates dismissal of
claim against hospital. Peatross v. Graceland Nursing Center LLC,
9/20/16, Jackson, McClarty, 6 pages.
http://www.tncourts.gov/sites/default/files/peatrossopn.pdf

TORTS: In healthcare liability action, plaintiff failed to demonstrate that he

met requirement that written, pre-suit notice include [a] HIPAA compliant
medical authorization permitting the provider receiving the notice to obtain
complete medical records from each other provider being sent a notice;
plaintiffs procedural shortcomings were numerous, and his failure to retain
copy of signed HIPAA authorization form is significant, and hence, he did
not substantially comply with TCA 29-26-121(b); plaintiffs counsel did not
allege any extraordinary reason for his failure to provide medical
authorization in compliance with TCA 29-26-121(a)(2)(E) when he simply
stated that he failed to retain copy of allegedly signed form. Travis v
Cookeville Regional Medical Center, 9/21/16, Nashville, Bennett, 14 pages.
http://www.tncourts.gov/sites/default/files/travist.opn_.pdf

COMMERCIAL LAW: When plaintiff seller filed suit against defendant

buyers after buyers stopped paying interest on line of credit under terms of
contract for sale of convenience store, and trial court concluded that both
sides breached contract, trial court did not err in ordering that buyers were
required to pay seller contracted amount, less $16,000 resulting from buyers
breach; case did not involve situation where sellers acquiescence to buyers

partial performance under contract evidenced intention to agree to novation.

Lowe v. Smith, 9/19/16, Nashville, Stafford, 22 pages.
http://www.tncourts.gov/sites/default/files/lowej.opn_.pdf

TAXATION: TCA 65-25-122(a), which provides that electric cooperatives

newly-constructed plants and facilities are exempt from taxation for four
years, is unconstitutional; to receive exemption under statute, organization
must be charitable institution and use property exclusively for its charitable
purposes, but there is no element of charity associated with electric
cooperatives, which are organized for mutual benefit of their members, not
general public, and hence, TCA 65-25-122(a) violates Tenn. Const. Art. II,
Sec. 28. Caney Fork Electric Cooperative Inc. v. State Board of
Equalization, 9/23/16, Nashville, Bennett, 7 pages.
http://www.tncourts.gov/sites/default/files/caneyfork1.opn_.pdf

PROPERTY: When plaintiff asserted that he purchased one-quarter interest

in property from Sam and Mildred Cannon in 1974, Sam and Mildred were
divorced in 1979, Mr. Cannon remarried, upon his death in 2002, Mr. Cannon
was survived by his second wife (Yvonne) and two adult children from his
marriage to Mildred, Yvonne conveyed any interest she had in disputed
property to plaintiff via quitclaim deed, plaintiff, along with co-plaintiffs, who
are co-tenants of property, subsequently filed suit in 2/11 seeking declaration
of ownership in plaintiffs name and clear title concerning his claimed onequarter interest in property, plaintiffs named as defendants Mildred, her
daughter, and successor trustee, no deed reflecting Sams and Mildreds
purported conveyance to plaintiff had been recorded or could be produced,
and, in alternative, plaintiffs pled adverse possession, Mildred died in 9/11,
and her estate was substituted as party in this action, trial court properly found
that evidence cannot satisfy requirement of statute of frauds or give rise to
constructive or resulting trust; trial court erred in granting defendants
summary judgment on issue of adverse possession when genuine issues of
material fact exist regarding whether plaintiff has maintained control of
disputed interest in property and, if so, whether defendants had knowledge of
his adverse possession or whether such adverse possession was so open and
notorious in community as to imply presumption of that fact. Logan v. Estate
of Cannon, 9/23/16, Knoxville, Frierson, 25 pages.
http://www.tncourts.gov/sites/default/files/logan_opinion_final.pdf

PROPERTY: Homeowners association properly exercised its authority to

issue request to homeowner in subdivision (Haley) to paint his house, i.e., to
maintain his home in compliance with declaration and bylaws, and his
failure to comply was violation of declaration and bylaws of homeowners

association; homeowners association was charged with maintenance of

common areas and other homes in subdivision as whole, and Haleys home
failed to meet community-wide standard. Stratford Hall Home Owners
Association v. Haley, 9/16/16, Nashville, Dinkins, 11 pages.
http://www.tncourts.gov/sites/default/files/stratford_hall_v._haley.opn_.pdf

PROPERTY: In case in which two former members of dissolved church

(petitioners) filed petition against unknown former members of church
seeking permission to sell improved real property formerly occupied by
church and donate money to non-profit Bible school or, in alternative, to
convey property directly to school, petitioners obtained permission to serve
unknown respondents by publication in local newspaper, when no
responsive pleadings were filed, petitioners obtained default judgment, but
before default judgment became final, descendant of original owners of real
property filed motion to set aside default judgment and dismiss petition
based on insufficient service of process, trial court properly granted motion
to set aside default judgment; service of process on descendant was
insufficient, and descendants conduct, i.e., descendant did not waive
insufficient service of process by filing notice of appearance, did not
preclude him from setting aside void judgment. In re Beckwith Church of
Christ, 9/23/16, Nashville, McBrayer, 9 pages.
http://www.tncourts.gov/sites/default/files/inrebeckwithchurchofchrist.opn_.pdf

FAMILY LAW: In case in which trial court found mother guilty of 37

counts of criminal contempt for failing to pay one-half of childrens
uncovered medical expenses and failing to pay child support, and mother
was sentenced to 403 days in jail, trial court erred in denying mothers
motion to vacate its order finding mother in contempt; trial courts failure to
make specific findings of fact and conclusions of law in its order, together
with its apparent failure to consider excessiveness of sentence imposed,
created injustice or error of law sufficient to justify reconsideration under
TRCP 59.04; trial courts denial of mothers motion to alter or amend is
vacated, and case is remanded to trial court with instructions to consider
whether mothers sentence was excessive under circumstances. Burris v.
Burris, 9/20/16, Nashville, Stafford, 21 pages.
http://www.tncourts.gov/sites/default/files/burrisl.opn_.pdf

CIVIL PROCEDURE: Based on plain language of TCA 48-25-102,

foreign corporation that has filed action in Tennessee court without
certificate of authority may obtain certificate during pendency of case and
then prosecute action. Sharper Impressions Painting Co. v. Yoder, 9/19/16,
Nashville, McBrayer, 8 pages.
http://www.tncourts.gov/sites/default/files/sharperimpressions.opn_.pdf

CIVIL PROCEDURE: Trial court erred in ruling that it lacked jurisdiction

to act on pending motion seeking to alter or vacate order entered after
remand; when appellate court remands action to trial court, trial court
regains jurisdiction over matter; only constraint upon trial courts power
would be that it could not reconsider issue that had already been decided in
prior appeal. Pearson v. Koczera, 9/23/16, Knoxville, Frierson, 12 pages.
http://www.tncourts.gov/sites/default/files/dry.opn_.final_1.pdf

COURT OF CRIMINAL APPEALS

CRIMINAL PROCEDURE: In murder case, trial court improperly allowed
witness to testify that defendant asked if police had certain amount of time to
charge him with crime when defendants question was not relevant to guilty
mind and should have been excluded, but error was harmless given fact that
witnesss testimony was brief, and states case against defendant was strong.
State v. Moss, 9/21/16, Nashville, Ogle, 40 pages.
http://www.tncourts.gov/sites/default/files/mosszakkawandaopn.pdf

CRIMINAL PROCEDURE: In case in which defendant was convicted of

aggravated rape, aggravated robbery, and aggravated assault, trial court did
not err in allowing evidence found in defendants bedroom in his mothers
(Bryants) home to be admitted at trial when defendant slept in Bryants
home approximately every other night and shared room with his brother,
Bryant stated that she went into defendants bedroom all the time, and
Bryant consented to search of room and actually led officers to room; trial
court did not err in admitting 47-minute video recording from officers
patrol car in which victim recounted attack immediately after offense when,
although victim was extremely upset at time video was recorded, she was
able to describe rape in detail to officer and was able to give description of
her assailants. State v. Bryant, 9/21/16, Knoxville, Holloway, 18 pages.
http://www.tncourts.gov/sites/default/files/bryantdevontavious.pdf

CRIMINAL PROCEDURE: In DUI case, defendants traffic stop was

constitutional, supported by both reasonable suspicion and probable cause,
when officer observed defendant driving without headlights at 3 a.m. at time
when bars in area were closing for night, and after following behind
defendant for about 50 feet, officer noted that defendant still failed to turn on
her headlights. State v. Sowell, 9/21/16, Jackson, Dyer, 7 pages.
http://www.tncourts.gov/sites/default/files/sowellr_opinion.pdf

GENERAL ASSEMBLY
CRIMINAL LAW: Prior law regarding offense of underage driving while
impaired is reinstated to ensure compliance with federal zero-tolerance laws.
2016 PC 1088, effective 9/19/16, 3 pages.
http://share.tn.gov/sos/acts/109/pub/pc1088.pdf

GOVERNMENT: Pursuant to Tenn. Const. Art. II, Sec. 12, House of

Representatives voted on 9/13/16 to expel Rep. Jeremy Durham of 65th
District for disorderly behavior as described in Final Report of Article II,
Section 12 Ad Hoc Committee. Motion to Expel Rep. Durham of 65th
District, 9/14/16, 2 pages.
http://sos-tn-gov-files.s3.amazonaws.com/20160914.special-session-vote-letter.pdf

SIXTH CIRCUIT COURT OF APPEALS

CRIMINAL PROCEDURE: In case in which defendant was stopped by
police after he pulled his car out of parking lot and across five lanes, nearly
striking police car, and then swerved into next lane, almost hitting second
car, during traffic stop, defendant appeared confused and officer detected
odor of marijuana, officers searched vehicle, uncovering marijuana, cocaine,
and handgun, and defendant was charged with being felon in possession of
firearm, district court properly denied defendants motion to suppress;
although it is unwise to pull across five lanes of traffic and almost collide
with police car, it is not implausible that driver would do so, particularly if
that driver were under influence of drugs, and this conclusion is bolstered by
fact that defendant behaved strangely during traffic stop and that drugs were
found in his car. United States v. Dean, 9/22/16, Daughtrey, 9 pages, N/Pub.
http://www.opn.ca6.uscourts.gov/opinions.pdf/16a0544n-06.pdf

COURT OF WORKERS COMP CLAIMS

WORKERS COMPENSATION: When employee sought employment in
10/14 and received information from friend to call man named Manuel
(also known by name Victor), employee called Victor, who told him to
meet him at Walmart store in Oxford, Miss., on 10/23/14 and Victor would
take him to job site to work for EMB, Victor took employee to Coulter Hall
job site, where he worked with others to build wall, EMB had contract with
Carothers Construction to perform masonry work on Coulter Hall project,
EMB provided equipment, including scaffolding, EMB alleged that it

subcontracted work on this project to two subcontractors, Juarez and Pena,

neither EMB nor insurance carriers could locate any such persons, and only
evidence that these persons existed was their names appearing on certificate
of insurance, employee was employee of EMB when he fell from
scaffolding on 10/24/14. Castro-Conteras v. EMB Quality Masonry,
5/10/16, Memphis, Umsted, 11 pages.
http://trace.tennessee.edu/cgi/viewcontent.cgi?article=1415&context=utk_workerscomp

BOARD OF PROFESSIONAL RESPONSIBILITY

CIVIL PROCEDURE: To extent settlement provisions require attorneys to
turn over documents protected by lawyer work product doctrine, provisions
may be prohibited by RPC 5.6(b); lawyer may not propose or agree to
settlement agreement that requires lawyer to turn over any work product
materials as part of settlement if that action will restrict his or her representation
of other clients. Formal Ethics Opinion 2016-F-161, 9/9/16, 4 pages.
https://www.tba.org/sites/default/files/feo161_100516.pdf?fid=a3addf43f5f122d08dbaec9a38e112cd4606c654

ATTORNEY GENERAL OPINION

CONSTITUTIONAL LAW: TCA 68-3-305, which restricts surnames that
may be placed on childs birth certificate at time of childs birth, does not
violate First Amendment. Attorney General Opinion 16-38, 9/21/16, 4 pages.
http://www.tn.gov/assets/entities/attorneygeneral/attachments/op16-038.pdf

If you would like a copy of the full text of any of these opinions, simply
click on the link provided or, if no link is provided, you may respond to
this e-mail or call us at (615) 661-0248 in order to request a copy. You
may also view and download the full text of any state appellate court
decision by accessing the states web site by clicking here:
http://www.tncourts.gov