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Editorial Results (free)

1. Appeals Panel Weighing Occupy Nashville Suit -

CINCINNATI (AP) – A special three-judge panel focused on issues of camping, protests, free speech and executive power on Monday during arguments in an appeal of a lawsuit brought by Occupy Nashville protesters arrested on War Memorial Plaza in October 2011.

2. Lipman Nominated for Federal Bench -

Sheri Lipman, University of Memphis general counsel and chief of staff to interim university president Brad Martin, has been appointed by President Barack Obama as the newest federal court judge for the Western District of Tennessee.

3. Webinar Looks at Employment Law -

At least from a regulatory perspective, the fog is starting to lift on what the next several years will bring in the way of employment law changes and updates.

With that in mind, the labor and employment law firm of Fisher & Phillips LLP is hosting two separate hour-long webinars this month for employers to get a sense of what change might be on the horizon. Especially of interest to employers will be insights from Fisher & Phillips attorneys on what to expect from agencies like the U.S. Department of Labor, the National Labor Relations Board and the U.S. Equal Employment Opportunity Commission.

4. Bar Seminar to Discuss Latest Labor Issues -

Talk of several prominent employment law issues and challenges – with insight gleaned from leading national legal figures – will be part of next week’s daylong annual seminar of the Memphis Bar Association’s Labor & Employment Law Section.

5. Election Winners Take Oaths of Office -

The Labor Day weekend served as a political marker for past and future events in Memphis politics.

The four Shelby County general election winners from the Aug. 2 vote are officially in office as the weekend ends and the workweek begins.

6. Krupicka to be Honored For Labor, Employment Work -

Growing up with a mother who pursued the field of law for more than 40 years, Lisa Krupicka, a member at Burch, Porter & Johnson PLLC, wanted nothing more than to follow her mother’s footsteps to pursue law work.

7. GOP Carries Countywide Offices -

The only thing Republican candidates in Shelby County were denied in the Aug. 5 elections was a majority on the Shelby County Commission. The local GOP slate swept every countywide partisan race on the ballot with Thursday’s election results.

Voter turnout – early and Election Day – was almost 30 percent of Shelby County’s 600,000 voters. All election returns will be audited and must be certified by the Shelby County Election Commission.

Republican Bill Oldham, the former chief deputy of the Sheriff’s Department under outgoing Sheriff Mark Luttrell, beat Democrat Randy Wade in the race for sheriff.

The unofficial returns with all precincts reporting were:

Oldham: 89,613 (52%)

Wade: 82,981 (48%)

Wade, who was the Democratic nominee for sheriff in 2002, linked his 2010 campaign to the re-election bid of Democratic U.S. Rep. Steve Cohen. Wade, a former sheriff’s deputy, is Cohen’s district director.

Oldham campaigned on continuing the policies of Luttrell. But his campaign faltered when Oldham was forced to resign his job as chief deputy – the No. 2 position in the department – following a complaint to the U.S. Justice Department that his candidacy violated the Federal Hatch Act.

The civil complaint investigated by the Justice Department’s Office of Special Counsel left Oldham with the choice of either quitting the job or quitting the race. To keep both could have jeopardized federal funding the department receives.

The complaint was unique because deputies and high-ranking officers running for sheriff has been a regular feature of the sheriff’s race for decades. It wasn’t until 2002 that those in the department were required to take a leave of absence if they ran.

In other general election races, challenger Ken Hoover lost to Shelby County School Board Chairman David Pickler in the race for the District 5 seat on the seven-member board.

Pickler has been chairman for 11 of the 12 years the school board has been an elected body. Pickler ran on his record as chairman. Hoover also ran on Pickler’s record, saying his leadership style was too autocratic and not transparent enough.

The unofficial results were:

Pickler: 5,123 (51%)

Hoover: 4,956 (49%)

In the two other contested school board races, former Bolton High School principal Snowden “Butch” Carruthers beat Millington parent Charlene White in District 1. And political newcomer David Reaves beat fellow newcomer Lara A. McIntyre, both of Bartlett, for the District 3 seat.

White and McIntyre both called for change in school board methods during their campaigns.

District 7 school board member Ernest Chism ran unopposed.

The even-numbered district school board seats are on the 2012 county ballot.

After running for Probate Court clerk three other times, Democratic nominee Sondra Becton could not claim the office on her fourth try – even with the incumbent she campaigned against the three other times out of the race. Republican contender Paul Boyd easily beat Becton in the race for the office Chris Thomas gave up to run for and win a seat on the Shelby County Commission.

Becton lost to Thomas by 604 votes four years ago and was among the four Democratic challengers who unsuccessfully challenged the results in Chancery Court. This time she lost by more than 6,500 votes.

The vote totals were:

Boyd: 82,259 (52%)

Becton: 75,702 (48%)

Republican Tom Leatherwood easily defeated Democratic challenger Coleman Thompson to remain Shelby County register. The two faced each other in 2006, with Leatherwood winning.

The results Thursday were:

Leatherwood: 96,531 (58%)

Thompson: 68,784 (42%)

As early voting began, Thompson’s Pyramid Recovery Center was evicted from its longtime South Memphis space that was also an early voting site and an election day polling place. The landlord agreed to leave the voting sites up and running. But the possibility of a change in polling places served to highlight Thompson’s financial problems.

Late publicity about financial problems took a toll on another Democratic contender.

Newcomer Corey Maclin began campaigning early for Shelby County clerk, with incumbent Republican Debbie Stamson not seeking re-election. Maclin lost to Republican nominee Wayne Mashburn, the son of late county clerk Sonny Mashburn.

The unofficial returns were:

Mashburn: 88,619 (55%)

Maclin: 72,651 (45%)

Stamson’s husband, Steve Stamson, retired as Juvenile Court clerk, setting up the race that was won by Republican nominee Joy Touliatos, the chief administrative officer of the clerk’s office. She beat Democratic nominee Shep Wilbun, who won appointment to the clerk’s office in 2000 but lost to Stamson in the 2002 election and was beaten by Stamson again in 2006.

With all precincts reporting, the numbers were:

Touliatos: 85,849 (51%)

Wilbun: 73,345 (44%)

The remaining votes went to independent candidate Julia R. Wiseman.

Also seeking a return to countywide office was Minerva Johnican. Johnican, the Democratic nominee for Criminal Court clerk, lost to Republican nominee Kevin Key, the son of outgoing Criminal Court Clerk Bill Key and an administrator with the Circuit Court Clerk’s office.

The results were:

Key: 79,755 (49%)

Johnican: 74,831 (46%)

Independent candidate Jerry Stamson: 8,581 (5%)

Johnican, also a former Memphis City Council member and Shelby County Commissioner lost the clerk’s job in 1994 when she was upset by the elder Key.

Incumbent Republican Circuit Court Clerk Jimmy Moore easily defeated Democratic challenger Ricky Dixon. Although Dixon was part of the effort by Democratic party leaders to get voters to vote the entire party slate, Moore continued to show up at Democratic functions and make his case for crossover votes.

Regina Morrison Newman, the third Shelby County tustee in four years, lost her bid for a full term in the office to Republican challenger David Lenoir. It was an impressive political debut for Lenoir, who had heavy backing from the local GOP.

The results were:

Lenoir: 77,166 (49%)

Newman: 72,618 (46%)

Independent candidate Derrick Bennett: 6,353 (4%)

Newman was appointed to the office by the Shelby County Commission following the 2009 death of Trustee Paul Mattila. Mattila was appointed to the office and won a special election for the position following the 2008 death of Bob Patterson. Patterson was re-elected to a four-year term in 2006.

In the judicial races:

Attorney Bill Anderson Jr. emerged atop a field of 20 candidates for General Sessions Criminal Court Judge Div. 7 with 15 percent of the vote. Assistant County Attorney Janet Lansky Shipman was second and the only other contender to go into double digit percentages. The 20 candidates were the largest field in any race – primary or general – on the Shelby County ballot.

Prosecutor Bobby Carter, who had the backing of District Attorney General Bill Gibbons and former District Attorney General John Pierotti, was elected judge of Criminal Court Div. 3 in a close race with attorneys Glenn Wright and Latonya Sue Burrow.

Carter got 26 percent of the vote to Wright’s 25 percent and Burrow’s 24.7 percent.

The results in the three other special judicial races saw the three appointed judges rejected by voters.

  • Lee Wilson, the appointee to General Sessions Criminal Court Judge Div. 10, lost to former General Sessions Court Clerk Chris Turner by more than 64,000 votes. Turner’s victory was the strongest proof of the strong Republican turnout for races across the general election ballot. Turner had been the General Sessions Court clerk until 2006, when he was upset by Democratic challenger Otis Jackson. He is also a former Republican state legislator.
  • Lorrie Ridder, the appointee to Circuit Court Judge Div. 4, lost to attorney Gina Higgins by about 5,000 votes.
  • Rhynette Northcross Hurd, the appointee to Circuit Court Judge Div. 8, lost to attorney Bob Weiss by more than 12,000 votes.

Ridder and Hurd had been appointed to the Circuit Court vacancies by Gov. Phil Bredesen, who picked them each from a list of three finalists from the Judicial Nominating Commission. Bredesen even taped a robo-call on behalf of Hurd, his first robo-call for any candidate in the state.

Wilson was appointed to the General Sessions vacancy by the Shelby County Commission and adopted a domestic violence case docket for the court.

...

8. Service at Heart of Practice For Morris -

Ordinarily, Martin, Tate, Morrow & Marston PC attorney Paul Morris would have stepped down in 2010 as president of Memphis Area Legal Services Inc., but he felt compelled to stay for MALS’ 40th anniversary – and the opportunity it presents to promote the cause.

9. Green Paper Trail Leads to Ware -

It hasn’t been a good week and a half for City Council member Barbara Swearengen Ware.

She celebrated her birthday last week with a custom she picked up from a caterer delivering the council members their lunch at City Hall. During a break in committee action, as reporters and other council members wondered about several $1 bills pinned to her red jacket, Ware explained that she had never heard of the custom before but was game for it.

10. Ware Implicated but Not Charged in Bribery at Clerk's Office -

Memphis City Council member Barbara Swearengen Ware has been implicated but not charged in bribery allegations at the county clerk’s office.

11. Morris Discusses Intellectual Property Issues -

Paul H. Morris, director and shareholder at Martin Tate Morrow & Marston PC, provides general counsel to business clients and litigates in a variety of commercial areas, particularly in intellectual property. He has extensive experience in patent litigation and licensing, trademark, copyright, franchise and trade secret matters.

12. Female Attorneys To be Inducted, Honored by AWA -

Two women are being honored today by the local Association for Women Attorneys.

Jennifer Hagerman, currently the incoming president, is being inducted as president of the AWA for the 2008-09 year. Attorney Ruby Wharton also will be given the Marion Griffin-Frances Loring Award for her service and contributions to the legal profession.

13. Scalia Lives Up To Peppery Persona During Memphis Visit -

U.S. Supreme Court Justice Antonin Scalia told a group of Memphis lawyers and judges Monday that he doubts he would be confirmed by the U.S. Senate if nominated for the high court today.

Scalia made the comments in an address to the Memphis Bar Foundation luncheon that was a defense of his philosophy as a Constitutional "originalist."

14. Memphis Judges Overturn Earlier Spying Decision Brought by ACLU -

Two well-known members of Memphis' legal community were part of the three-judge federal appeals court panel whose ruling late last week appeared to give the Bush administration an important victory in its fight to keep a controversial domestic spying program.

15. Law Week to Honor, Celebrate Profession -

The law means different things to
different people.

But to the hundreds of future American citizens who will gather at The Cannon Center for the Performing Arts next month, it means opportunity.

16. Rich With History -

In 1906, Edward Boyle, a member of the well-known Memphis family of developers, helped fashion a grand boulevard through the Central Gardens neighborhood.

Scores of influential Memphians have lived in the Midtown community's bungalows, foursquares and Tudor estate homes, including former Memphis City Council member Florence Leffler and federal judge Julia Gibbons.

17. Memphis Judges Tasked With Decision In National Domestic Spying Case -

Memphis has a significant connection to arguments made this week in a federal appeals court about whether the government's controversial domestic spying program is unconstitutional.

Of the three judges on the U.S. Court of Appeals for the Sixth Circuit who heard arguments Wednesday from supporters of the program in the Justice Department as well as the American Civil Liberties Union's (ACLU) opposition, two are from Memphis.

18. Bar Association Gears up for Ginsburg Visit -

In the 81 years it's sat at 149 Union Ave., The Peabody Hotel has played host to blues musicians, businessmen, senators, congressmen and scores of other notables.

But next month, an event scheduled with Ruth Bader Ginsburg will mark the second time in almost a decade that a sitting U.S. Supreme Court justice has visited the South's Grand Hotel.

19. Vescovo to Discuss Federal Court at Bar Convention Friday -

U.S. Magistrate Judge Diane K. Vescovo has accomplished more by living in her hometown than many people who travel to the ends of the Earth do in a lifetime.

The Memphis-born Vescovo will join U.S. Court of Appeals Judge Julia Gibbons and U.S. District Court Judge Bernice Donald on a panel for the continuing legal education session "Practice and Procedure in Federal Court in the Western District" tomorrow at 8:30 a.m. at The Peabody Hotel. The event is part of the 125th Annual Tennessee Bar Association Convention, which began Wednesday and runs through Sunday.

20. Morris, Young Lawyers Hone Leadership Skills -

LANE GARDNER CAMP
The Daily News

Paul Morris is one of 23 young attorneys to graduate in May from the Memphis Bar Association's new nine-month Leadership Forum.

Since 2003, Morris has practiced with the Memphis law firm of Martin, Tate, Morrow & Marston PC. He concentrates primarily on intellectual property and business litigation.

21. Archived Article: Newsmakers - BOMA Inducts 2005 Officers

Gibbons Named to Chair National Committee

Judge Julia Gibbons of Memphis was named by U.S. Supreme Court Chief Justice William H. Rehnquist as chair of the Budget Committee of the Judicial Conference. Gibbons has bee...

22. Archived Article: Law Talk - Kevin G

Ritz Returns to Memphis as Summer Associate, Clerk

LANE GARDNER CAMP

The Daily News

Kevin G. Ritz, a 2004 graduate of the University of Virginia Law School, returns to Memphis this summer to serve as a summer associate in the Mem...

23. Archived Article: Standout - In 1920, the 20th Amendment gave women the right to vote

Benchmark

By ANDREW BELL

The Daily News

In 1920, the 20th Amendment gave women the right to vote, while in 1951 an amendment to Tennessees Constitution reserved a seat for women in...

24. Archived Article: Marketplace - Restraining order puts state, Chambers, artists in contention

Court order puts state, Chambers, artists at odds

By DAVID LYONS

The Daily News

A number of Chambers of Commerce across the nation filed a motion in U.S. District Court last w...

25. Archived Article: Law Focus - By DAVID LYONS

Towerys demise creates Chambers nightmare

By DAVID LYONS

The Daily News

The Memphis Area Chamber of Commerce and several other Chambers filed a motion in U.S. District Court last week seeking to intervene in the Tennessee ...

26. Archived Article: Law Focus - Anthrax hoaxes are no joke says Memphis FBI

Anthrax hoaxes are no joke, says Memphis FBI

By MARY DANDO

The Daily News

Hoaxers beware anyone discovered sending white powder packages through the mail will face hefty charges and possible ja...

27. Archived Article: Comm Briefs - The Memphis Brooks Museum of Art will present the Art of Warner Bros

The Memphis Brooks Museum of Art will present the Art of Warner Bros. Cartoons, an exhibition of original artwork from the world of Looney Tunes and Merry Melodies from Nov. 17 ...

28. Archived Article: Calendar - Calendar of events: June 5 11 Calendar of events: Aug. 13-Aug. 19 Aug. 13 The International Association for Administrative Professionals will have a meeting at 6 p.m. Monday at the Holiday Inn East. Members attending the recent IAAP international co...

29. Archived Article: Law Briefs - Summer School at the University of Memphis continues today with Wills and Estates from 4 p "Ethics 2001: Are You Ready for the Challenge?" sponsored by the American Law Institute-American Bar Association, will be shown by tape delay at 9:3...

30. Archived Article: Law Focus - Immigrants find a warm welcome in the Mid-South Immigrants find a home in the Mid-South By MARY DANDO The Daily News More than 100 people and their families from 34 countries came to the grand ballroom of the Peabody hotel Tuesday because they wante...

31. Archived Article: Benchmark (kellogg) - Kellogg and Exxon in cat fight over tiger logo Kellogg, Exxon in cat fight over use of tiger logo A court fight between corporate heavyweights Kellogg Co. and Exxon Mobil Corp. has been re-ignited over the use of cartoon tigers in advertisements of ...

32. Archived Article: Law Briefs - The Memphis/Mid-South chapter of the Federal Bar Association and the U The Memphis/Mid-South chapter of the Federal Bar Association and the U.S. District Court for the Western District of Tennessee are sponsoring a continuing education seminar on Fr...

33. Archived Article: Law Briefs - Jay H Jay H. Lindy and Jennifer W. Sammons were named owners in the Waring Cox law firm. Lindy practices in securities, corporate and health care law. Sammons specializes in employment, business and general civil litigation. Lindy has a bachelors de...

34. Archived Article: Gibbons Oath - Notes Gibbons swearing in New DA sworn in, already lobbying for funds for office By GABRIELLE C.L. SONGE The Daily News It was a solemn event and a roast District Attorney General Bill Gibbons swearing in ceremony at the criminal justice center Frid...

35. Archived Article: Women - 04-26 Women By KATHLEEN DOMBHART BARK The Daily News Attorneys and litigants, both men and women alike, often address Judge Janice Holder as "hizzonner," a traditional one-word title of respect for those on the bench. "Both men and wo...

36. Archived Article: Env Focus - 11/22 Env focus Conservation Group Steps up Lawsuit Over Corps' Casino Permitting The Daily News Attorneys for an environmental group last week notified the U.S. Justice Department that it intends to take depositions of former district engineer Col....

37. Archived Article: Benchmark - 11/2 Benchmark Benchmark Cases Christopher Lee Bryant vs. The City of Memphis, Mayor Dr. W.W. Herenton, Walter Winfrey, director of the Memphis Police Department, Lieutenant Dobbins, supervisor of Memphis Police Department Tact Unit and other unknow...

38. Archived Article: Tual-nvs - Former Memphis Bar president Former Memphis Bar president honored by women attorneys Memphis attorney Blanchard Tual is the first male recipient of the Marion Griffin-Frances Grant Loring Award for advancement of the legal profession and the status ...