HCH August 6 2010 Legal - Chattanooga Bar Association

Public Notices, page 15 

Real estate section, page 13 

Recipe, 

page 21 Hamilton County Herald 

Are we 

there yet? 

page 6 

VOLUME XCVII NUMBER 32 CHATTANOOGA, HAMILTON COUNTY, TENNESSEE – SINGLE COPY 50¢ FRIDAY, AUGUST 6, 2010 

50 years 

ago... 

What was happening 

in Chattanooga 

in 1960 

Saturday, August 6 

County Judge Wilkes T. 

Thrasher, Jr., Friday representing 

David M. Eldridge, 

who is in Florida, issued the 

following statement. “After 

rechecking the election 

returns, I am on behalf of 

Mr. Eldridge conceding Mr. 

Chester Frost’s election to 

County Judge,” The final 

reruns were listed as Frost 

24,693, Eldridge 24,603. 

Sunday, August 7 

Gordon L. Smith, Jr., 

secretary of the Wheland 

Company will serve as 

chairman of Group four 

of the United Fund-Red 

Cross campaign, W. Roy 

Meyers campaign chairman 

announced. 

Monday, August 8 

Thomas O. Trotter, Jr., 

young Chattanooga civic 

leader, has been named president 

of the Chattanooga 

Area Literacy Movement, 

Inc., by the board of directors 

of the newly formed 

organization which will 

carry on the work begun last 

year under the sponsorship 

of the Junior Chamber of 

Commerce. 

Thursday, August 11 

John F. Crabtree was 

named Chattanooga’s Realtor 

of the Year by unanimous 

vote at a Chattanooga 

Board of Realtors luncheon 

Wednesday at Hotel Patten 

Friday, August 12 

Hamilton County’s 1960 

-1961 school term will open 

Monday, August 29. 

Inside... 

Real estate section ..13 

other information 

I Swear ......................6 

Critic’s Corner ..........21 

Consumer bankruptcy lawyer offers clients understanding 

By David Laprad 

From time to time, attorney 

Carol Walker Carter has looked 

destiny square in the eyes and 

said, “No.” But fate has a way 

of bringing people around, and 

today, she’s doing what she now 

believes she was meant to do. 

As a consumer bankruptcy 

lawyer, she’s also offering a timely 

service to her clients at The 

Carter Firm, the sole proprietorship 

she launched in April. 

“I’m like an oncologist. You 

hope you never need a cancer 

doctor, but you want to know 

there’s a good one out there for 

when you need one. So, I hope 

you never need my services, but 

if you do, I’m here to help,” she 

says. 

Born and bred in Chattanooga, 

Carter originally wanted 

to be a trial lawyer, like her late 

father, Clarence Walker. Her dad 

hadn’t steered her toward law, 

but she set off in that direction 

anyway, earning her undergraduate 

degree at the University of 

Tennessee at Chattanooga and 

her Juris Doctorate at what is 

now the University of Memphis. 

“Memphis was the right 

choice for me, as I’d never been 

away from home, and I needed 

to learn to be independent. It 

was hard at first because I didn’t 

know anyone, and then, during 

my second year, my dad came 

down with lung cancer. I knew if 

I delayed my education and went 

home, it would kill him faster 

than the cancer, so I stayed in 

school,” she says. 

Don Welch still bringing county boy charm to television 


If it’s 12:30 p.m. on a weekday, 

then Don Welch is talking 

about a little of this and a little 

of that. 

For the better part of the 

last 35 years, people in the 

Chattanooga television viewing 

area have been able to tune in 

to WTVC News Channel 9, at 

one time or another during the 

day, and catch Welch at work. 

But as the host of “This N That,” 

which premiered in 2005, he 

seems to have found his place in 

the world. 

Perched atop a chair that’s 

almost as tall as he is, he waits 

as the show’s jazzy theme song, 

beckons viewers to their TVs, 

and then launches into 30 minutes 

of affable chitchat with a 

variety of guests. It would be 

the perfect marriage of medium 

and talent, if only Welch were 

single. 

“As my wife says, this has 

been my mistress. It’s not a job, 

it’s what I love doing,” he says. 

Welch is sitting at his cubicle 

in Channel 9’s spacious newsroom, 

punching his script into 

his computer, scanning emails 

for story ideas and occasionally 

looking at the large LED clock at 

the far end of the workspace. It’s 

barely 10:30 a.m., giving Welch 

time for a short trip down memory 

lane. 

“I’d been doing the morning 

show for about 14 years when 

my boss called me into his office 

and said, ‘We’re going to make 

Carol Walker Carter is a consumer bankruptcy lawyer. She serves clients through The Carter Firm, the sole proprietorship 

she launched in April. Born and bred in Chattanooga, Carter originally wanted to be a trial lawyer, 

like her late father, Clarence Walker. (David Laprad) 

In Memphis, Carter not 

only learned the law, but also 

how to think critically. Plus, 

she learned to stand on her 

own, even in difficult times. 

Armed with confidence and prepared 

for what she calls “the 

real world,” she returned to 

Chattanooga, took a job as a 

lawyer and experienced a headon 

collision with destiny. 

some changes.’ My heart almost 

stopped. I said, ‘Am I still a part 

of this station?’ He laughed and 

said, ‘We’re going to do a midday 

show.’ And I said, ‘Can we start 

tomorrow?’” 

The station wanted the 

show, which the sales department 

dubbed “This N That,” to 

be fun; Welch wanted it to also 

be informative. Guests would 

talk about what they do, discuss 

events taking place around 

town, or answer questions about 

“I was going to be a trial 

lawyer. It never occurred to me 

that I would do anything else. 

But I was the low man on the 

totem pole, so my firm sent me 

to creditors meetings and bankruptcies 

to represent our clients,” 

she says. 

Carter prepared proof of 

claims, protected the interests 

of her firm’s clients in 341 meet- 

current events, among other 

things. When WCTV launched 

the show two months later, the 

format worked like a charm. It’s 

still working its charm on viewers 

today, who have made “This 

N That” the No. 1 local show in 

its time slot. 

For the show scheduled to 

begin in just under two hours, 

Welch had lined up a bankruptcy 

lawyer, the coordinators of 

the Read 20 program and representatives 

from SunTrust Bank, 

ings, and immersed herself in 

creditor’s work. A couple of 

years later, a local bankruptcy 

debtor’s council made her an 

offer she couldn’t refuse, so she 

changed jobs. Several years 

later, Carter wrestled free of fate, 

certain she was headed in the 

wrong direction. 

Continued on page 4 

Don Welch is a 35-year veteran of News Channel 9 WTVC. Since 2005, he’s hosted the station’s community 

features program, “This N That,” from 12:30 p.m. to 1 p.m. (David Laprad) 

who would be talking about the 

ways in which the company is 

giving back to the community. 

While Welch loves the variety, 

he wishes he had more time 

with his guests. 

“I love to talk, and I’m nosey, 

so I’ll stop people in the middle 

of an interview and say, ‘Wait a 

minute, could you explain that?’ 

By the time they’re finished, 

we’re out of time.” 

Continued on page 11

2 Friday, August 6, 2010 HAMILTON COUNTY HERALD 

Difficult, unpredictable and challenging sport is a winner 

By M. Ernest Marshall 

Golf is a strange game, particularly, 

to those who don’t 

understand it. One must ask why 

so many people want so desperately 

to play the game as often as 

possible. With little thought, at 

least ten reasons emerge for this: 

1. Golf is a very difficult 

game. 

If it were easy, there would 

be little interest in it. While 

every other sport has its “natural” 

athletes – those born to 

excel by virtue of their physical 

attributes – there are no “natural” 

golfers. 

Everything about the golf 

swing is “unnatural.” Thus, 

everyone of every shape and size 

must learn the game and practice 

constantly in order to play well. 

On the other hand, since no one 

is born knowing how to play golf, 

your chance of being great at the 

game is as good as anybody else’s 

chance. 

That’s good news for peo- 

Did you know that there 

are new rules governing the fees 

and penalties that credit card 

companies can charge you? The 

provisions in the Credit Card 

Accountability Responsibility 

and Disclosure (CARD) Act of 

ple who don’t have the physical 

attributes of, say, a basketball or 

football player. 

2. Golf is unpredictable. 

No matter how badly you 

play today, you can play better 

– or worse – tomorrow. 

Performance is governed by so 

many variables. One must not 

ignore the fact that every course 

is different – demanding different 

golf skills and strategies. This 

is unlike other sports. Football, 

soccer, rugby, baseball and tennis 

are played on flat fields of a 

prescribed size. Every golf hole 

is different – different lengths, 

different elevations, different 

hazards. The course itself adds to 

the challenge – and, ultimately, 

the fun – of golf. 

3. In general, golf courses 

are beautiful, peaceful places 

to spend four to four and a half 

hours. They’re not places to 

bring your troubles. In fact, most 

people feel guilty about bringing 

their workplace ore relationship 

2009 should save consumers at 

least $10 billion a year, according 

to the Pew Foundation. The 

Tennessee Society of CPAs 

explains why the changes are 

important and offers some advice 

on dealing with credit cards. 

problems to golf courses, because 

they don’t want to mar the setting. 

Therefore, they develop a 

strong philosophic approach to 

golf and find ways to control 

their frustrations – or, at least, 

save them for another place and 

time. 

4. In golf, there is no perfect 

score. 

There is no score to which 

the golfer can aspire in order to 

claim that he or she has mastered 

the game. Lacking such a benchmark, 

golf is about improving. 

No matter how much the golfer 

improves his or her game – even 

if the golfer reaches the professional 

level – there is always 

room for improvement. That can 

be appealing, and even addictive, 

for perfectionists. 

5. Golf is a sport rich in 

history and full of tradition. 

The golfer who approaches 

the game seriously and philosophically 

will acquire a feeling 

that he or she has formed a bond 

A response to 

consumer concerns 

In recent years, many consumers 

have complained that it 

has become more and more difficult 

to understand how many 

credit card deals work, since 

companies sometimes seemed 

to raise their rates without 

notice or imposed surprise fees 

on bills paid even a few hours 

late. Consumers felt the contract 

terms were often not satisfactorily 

explained or were difficult to 

understand. 

New disclosures 

The new rules are intended 

to change all that. For example, 

with some exceptions, the 

terms that you agree to when 

you sign up for a card must stay 

in place for at least one year, 

and even promotional rates for 

new account holders must last a 

minimum of six months. 

Once the credit card company 

raises rates, it can only 

apply them to new charges for 

cardholders in good standing. 

Rates cannot be applied retroac- 

with everyone who has ever 

played the game. Every golfer 

shares the same struggles, defeats 

and joys. Being a golfer is, in a 

sense, like becoming a member 

of a tribe and gaining a sense of 

belonging. 

6. In golf, how one plays 

the game is the responsibility of 

the individual. 

Unlike team sports, there 

are no substitute players. The 

individual golfer must play every 

stroke without assistance. Even 

something as simple as seeking 

advice on club selection from 

another player is forbidden by 

the rules and carries with it a 

penalty. No one can interfere 

with the golfer’s play. 

With every shot, the golfer 

has an unimpeded opportunity 

to make a successful play or to 

botch it. Ultimately, that’s a 

good thing, because golfers feel 

empowered to make (hopefully) 

good decisions on their own. 

Every golfer is alone in the game, 

tively to existing balances, and 

your payments must be applied 

to your highest interest-rate balances 

first. In addition, payment 

due dates must be clearly indicated 

and consistent from month 

to month, and the bill must be 

sent at least 21 days before the 

payment deadline. Consumers 

will be told when they’re about 

to exceed their credit limit, 

enabling them to avoid overlimit 

fees. 

Knowing where you stand 

It should also be somewhat 

easier to understand your credit 

situation. Your monthly statement 

will now include information 

on how long it will take 

you to pay off your outstanding 

balance if you pay only the minimum 

due and how much you will 

pay in interest versus what you 

will pay if you pay off your debt 

in three years. These disclosures 

may be a valuable wake-up call 

for many consumers who don’t 

realize what their outstanding 

balances are costing them. 

Just say no 

When credit card compa- 

but being alone in golf is not a 

matter of loneliness. Every player 

is alone with his or her own 

thoughts and actions. 

There is no referee in golf. 

Each player is responsible for 

playing by the rules and monitoring 

his or her own mistakes. 

Players who adhere to the rules 

are considered to be honorable. 

Players who violate the rules, 

even when unobserved, are considered 

dishonorable and not 

worthy of the game. 

For these reasons, golf is a 

metaphor for life. How one plays 

golf is likely to be a reflection of 

how one lives his or her life. The 

question, then, isn’t so much 

why do people play golf. The 

question really is: why doesn’t 

everybody play the game? 

M. Ernest Marshall is a 

retired medical oncologist and 

author of Wintering Into Wis- 

dom (PathBinder Publisher). Visit 

his website at www.mernestmarshall.com. 

v 

New credit card rules and what they mean to your monies future 

L A W Y E R S 

P R O F E S S I O N A L 

L I A B I L I T Y 

V e r y C o m p e t i t i v e R a t e s 

• Zero deductible available 

• Choice of claims expenses—inside or 

outside the limits 

• Coverage available up to $20 million 

• Endorsed by the Chattanooga Bar 

Association 

IPSCO has provided professional liability 

insurance to attorneys since 1956. Our 

extensive experience, market access to 

13 admitted and several non-admitted 

carriers, plus very competitive rates make 

IPSCO a great choice. Contact us today! 

IPSCO IPSCO 

IPSCO 

Insurance Insurance Planning Planning & 

& 

Ser Service Ser vice Company Company, Company , Inc. Inc. 

Inc. 

SUPERIOR SERVICE • SUPERIOR SOLUTIONS 

423.629.2400 

423.629.2400 

1089 Bailey Ave • Chattanooga 

Website IPSCOlawyers.com 

Email lawyers@assoc-admin.com 

Miller & Martin has assembled 

a Financial Reform Act 

Task Force to keep the marketplace 

apprised of key issues surrounding 

the enactment of the 

Dodd-Frank Wall Street Reform 

and Consumer Protection Act. 

The multidisciplinary Task 

Force is comprised of attorneys 

from across the firm’s practice 

areas who are focused on analyzing 

this historic legislation 

and communicating the significant 

business implications for 

financial institutions and other 

companies nationwide that will 

surely arise out of the new law. 

“Financial institutions of 

all types and sizes and other 

businesses must prepare to adapt 

to this shift in U.S. banking, 

capital markets, insurance, corporate 

governance and consumer 

protection. 

This law and the implementing 

regulations that will 

follow will make fundamental 

changes in the operation of 

both depository and non-depository 

financial institutions,” said 

Wayne Hood, Of Counsel with 

the firm and co-leader of the 

Task Force with firm Member, 

Lance Bridgesmith. 

“We are drawing on strengths 

in many areas of the firm so that we 

can assess and quickly communicate 

the critical implications for 

our clients.” 

Miller & Martin’s Task 

nies are set to raise rates or 

impose a new fee, they must now 

ask customers in advance if they 

will accept the new terms or 

would like to cancel the account 

before those increases go into 

effect and pay off their balance 

at the old “lower” interest rates. 

In the past, some consumers only 

realized months later that their 

rates had been raised, but you 

can now opt out of any unattractive 

deals. 

Read your mail 

Even though the new law 

contains many consumer protections, 

it’s still important to 

be alert to changes in the contract 

terms that could cost you 

money. That should be easier 

to do, because your credit card 

company in most cases must now 

let you know 45 days in advance 

before it can raise its interest 

rates, charge you certain fees 

or implement other significant 

changes. 

Source: The Tennessee Society 

of CPAs v 

Miller & Martin rolls-out Financial 

Reform Act Task Force 

HCH 

Hamilton County Herald 

University Tower 

651 East 4th Street, Suite 100 

Chattanooga, TN 37403 

The 

Hamilton County 

Herald 

is available for 

$15 a year. 

Call 

800-420-5103 now! 

Force draws from multiple practice 

groups, including general 

corporate, private equity, mergers 

and acquisitions, securities 

and financial institutions. 

The attorneys will be tracking 

various aspects of the law as 

the rulemaking process evolves, 

and the team will educate clients 

through alerts, webinars 

and seminars focused on specific 

areas of the legislation tailored 

to the interests of individual 

client groups. 

Task Force members include 

attorneys Alison Boyer, Lance 

Bridgesmith, Clint Cromwell, 

Katie Edge, Dan Elrod, Tyler 

Hand, Clif Henry, John Henry, 

Wayne Hood, Kevin Kennealy, 

Mike Marshall, Scott McGinness, 

Drew Oldham, Hugh Sharber, 

Beth Sims, Adam Smith and 

Sarah Tally. 

For more information about 

Miller & Martin’s Task Force or 

to view Title summaries, please 

visit http://www.millermartin.com/ 

FinancialReformMonitor.htm. 

Source: Miller & Martin 

PLLC v

HAMILTON COUNTY HERALD Friday, August 6, 2010 3 

under 

analysis 

By the Levison Group 

Mark Levison 

Charles Kramer 

Spencer Farris 

Michelle St. Germain 

I enjoyed a Major League 

baseball game getaway from the 

Levison Towers this week. What 

could be better than watching 

million dollar men play a game I 

loved as a child, while enjoying 

$9 beverages and $5 hotdogs? 

This is just what Mr. Doubleday 

imagined, I am sure. Even in the 

heat, a day at the ballpark beats 

working. 

Of course, if I spend an 

afternoon at the ballpark, my 

voicemail, email and actual 

mailboxes overflow in my 

absence. If I could capture just 

one tenth of the time all the 

electronic devices are supposed 

to be saving me, I could retire 

early. Electronics have changed 

the legal world, making every 

day a work day, every place a 

workplace – a billable workplace. 

I killed two birds with one 

stone at the ball park, unclogging 

my email box while I 

clogged my arteries. Perhaps I 

should have stopped at one hotdog. 

As a continued service to 

you, Gentle Reader, here are a 

few answers to reader email: 

Mr. Lawyerman, 

What kind of trouble will 

I get in for pirating music from 

the Internet? Those warnings 

on the movies I rent are very 

scary, and the ones on music 

CDs keep me awake at night. 

Signed, I Wanna Take a 

Nap(ster.) 

Armstrong and Fisch co-author “The E-Myth Attorney” 

Attorneys nationwide have 

long looked to Robert Armstrong 

and Sanford M. Fisch as pioneers 

in law firm practice management. 

Now, with the publication 

of “The E-Myth Attorney: 

Why Most Legal Practices Don’t 

Work and What to Do About 

It,” Armstrong and Fisch are 

showing attorneys everywhere 

exactly how to build a successful 

legal practice while enjoying a 

balanced life. 

Armstrong and Fisch, 

co-founders of the American 

Academy of Estate Planning 

Attorneys, Inc., co-authored 

“The E-Myth Attorney” with 

small business expert Michael 

Gerber, author of “The E-Myth: 

Why Most Businesses Don’t 

Work and What to Do About 

It.” Though the authors are 

estate planning attorneys, the 

principles they lay out in “The 

E-Myth Attorney” can be used 

to build a thriving legal business 

regardless of practice type or law 

firm size. 

“This is a NOW read for 

attorneys. Gerber, Armstrong, 

and Fisch hit the mark by applying 

E-Myth principles to the 

legal profession,” stated Larry V. 

Parman of Parman & Easterday. 

“The attorney’s unspoken fear 

is, ‘What happens if I’m not 

here?’ [The E-Myth Attorney] is 

a roadmap for creating systems 

that make a business out of a 

practice, one that works for you, 

not you for it. ... Live and apply 

these principles and watch what 

Hey Mr. Lawyerman! 

By Spencer Farris 

Dear IWTN, 

I tried to ignore your email 

as I don’t condone your misuse 

of the term “pirate.” The trend 

of turning nouns into verbs irks 

me. Quit “Googling” people and 

stop “Facebooking” the latest 

lunch you ate. Especially the 

latter. 

Pirates were a noble group, 

believe it or not. They had early 

versions of workers’ compensation, 

social security, integrated 

workforces, labor unions and 

democracy. In some circles, tort 

lawyers are called pirates. As I 

learned viewing the travelling 

Wiydah Pirate exhibit making 

its way across the country, they 

weren’t all bad– pirates I mean, 

not tort lawyers. (Some of my 

best friends are tort lawyers. Me 

included.) 

I, too, have seen the warnings 

of which you fear. Stealing 

music was enough to cause the 

original music sharing source, 

Napster, to end its free operations 

and become a paid music 

source, but free music and movies 

abound. Every time you steal 

a song over the Internet instead 

of buying it, Lady Gaga misses a 

car payment. Or something like 

that. If you really want to be 

fair about it, stop singing songs 

in the shower unless you bought 

a copy of the album. (Earworms 

stuck in your head from commercial 

jingles don’t count.) 

In many states, the Bar association 

makes court forms available 

for free online. This, too, is 

happens to your practice ... and 

your life.” 

While most attorneys have 

a solid understanding of the 

technical aspects of a legal practice, 

far fewer have the training 

or experience needed to 

run a successful business. “The 

E-Myth Attorney” combines 

Gerber’s business development 

expertise with Armstrong and 

Fisch’s experience in implementing 

legal practice management 

systems to bridge the gap 

between attorney and entrepreneur. 

“The E-Myth Attorney” 

serves as a blueprint for building 

a practice that attracts qualified 

clients and produces exceptional 

work, while allowing time for 

family and a fulfilling life outside 

of work. Equally valuable 

for start-ups and existing practices, 

the book details the systems 

and processes Armstrong 

and Fisch developed in their 

own successful California law 

firm. In fact, the American 

Academy, a national membership 

organization for attorneys, 

was built on the foundation 

of these very same principles. 

Those systems give attorneys 

the tools they need to balance 

successful estate planning practices 

with quality of life. 

A limited number of attorneys 

will receive “The E-Myth 

Attorney” free for participating 

in the Academy’s August 

10, 2010 conference call, “7 

Deadly Mistakes That Can Kill 

Your Estate Planning Practice.” 

a form of piracy, as those forms 

represent the work product of 

lawyers somewhere. Unlike 

musicians, the legal profession 

doesn’t have Lars or Metallica 

to take up the charge against 

bar associations, royalties flying 

in the breeze. Stop using pirated 

legal forms while you are at it 

IWTN. 

Mr. Lawyerman, 

Will BP be held responsible 

in court for the damage it has 

caused on the Gulf Coast? 

Signed, I love Tourist Trap 

T-Shirts 

Dear ILTTT, 

The full extent of the BP 

oil well disaster won’t be known 

for years, either to BP’s bottom 

line, public image, or in lost 

livelihoods to those who live on 

the coast. I only feel marginally 

sorry for the dead sea creatures, 

as they were only going to be 

eaten had they survived. Death 

in petroleum or cooking oil 

can’t be all that different. 

As for holding BP responsible, 

don’t hold your breath. 

Although the US Supreme 

Court said recently that corporations 

are just like people, we 

both know they ain’t. If a single 

person had destroyed miles of 

coastline, rocked an entire ecological 

system or two and then 

joked about it afterwards, he 

would be locked up underneath 

the jail. If al Qaeda had been 

Al Qaeda, Inc., we would not 

be at war right now. Even if BP 

Though Armstrong and Fisch 

have co-authored estate planning 

books for consumers, 

“The E-Myth Attorney” is the 

authors’ first book for attorneys. 

The authors’ blog, blog.aaepa. 

had copied a few DVDs, things 

might be different. 

I truly believe that this 

matter will be sorted out in the 

courts someday. Probably when 

my grandchildren are old. Of 

course, I said the same thing 

about the Exxon Valdez spill, so 

I could be overly optimistic. 

Lawyers showed up on the 

beaches before the first oil slick 

did, and were about as welcome 

in some folks’ eyes. Thankfully, 

the public relations gaffes of BP 

are worse than those of the lawyers 

trying to help the victims of 

the spill. For now. 

It is summertime, Gentle 

Reader. We are still comfortably 

distanced from election season 

to relax in front of the television 

without being confronted 

with attack ads. Resist the 

temptation, get out and watch 

a ballgame or something. Hurry 

to the beaches before they are 

spoiled for decades. And get a 

cheap t-shirt for me while you 

are at it. 

©2010 under analysis llc. 

under analysis is a nationally 

syndicated column of the Levison 

Group. Spencer Farris is the founding 

partner of The S.E. Farris 

Law Firm in St Louis, Missouri. 

Send your question to lawyerman@farrislaw.org. 

Comments 

or criticisms about this column 

may be sent c/o this newspaper or 

directly to the Levison Group via 

email at comments@levisongroup. 

com. v 

com, gives attorneys additional 

insight into systems and how 

they serve as the foundation of 

a thriving practice. 

Source: American Academy of 

Estate Planning Attorneys, Inc. v 

NOTICE OF PUBLIC REVIEW 

The Tennessee Department of Transportation (TDOT) announces 

the beginning of a 30-day review and comment period on its 

2011-2014 State Transportation Improvement Program (STIP). 

The STIP establishes projects for major construction and Public 

Transit over the four-year period, which will utilize available and 

projected Federal funds. The review period is to provide citizens, 

affected public agencies, employees of transportation agencies, 

various stakeholder groups and other interested parties a reasonable 

opportunity to comment on the STIP. The STIP will be available 

in hard copy for review at TDOT’s four Regional Of� ces during 

normal business hours, Monday-Friday, through September 5, 

2010. The locations are as follows: Region 1: 7345 Region Lane, 

Knoxville, TN 37914, (865) 594-2400; Region 2: 4005 Cromwell 

Road, Chattanooga, TN 37421, (423) 892-3430; Region 3: 6601 

Centennial Blvd., Nashville, TN 37243, (615) 350-4300; Region 4: 

300 Benchmark Place, Jackson, TN 38301, (731) 935-0100. It can 

also be accessed by going to TDOT’s home page at www.tn.gov/ 

tdot. Written comments may be submitted at any time during 

the comment period to: Mr. Jim Moore, Transportation Director, 

Suite 600, James K. Polk Bldg, 505 Deaderick Street, Nashville, 

TN 37243-0341, (615) 741-3301, www.TDOT.Comments@tn. 

gov. In addition, appropriate TDOT staff will be available at the 

Regional Of� ces to answer questions and accept comments on 

the following dates: Region 1: Tuesday, August 17, 2010, 2:00 

– 5:00 p.m. EDT; Region 2: Monday, August 16, 2010, 2:00 – 5:00 

p.m. EDT; Region 3: Tuesday, August 24, 2010, 2:00 – 5:00 p.m. 

CDT; Region 4: Thursday, August 12, 2010, 2:00 – 5:00 p.m. CDT. 

TDOT will respond to all comments. The Tennessee Department 

of Transportation is an Equal Opportunity Employer and does not 

discriminate on the basis of race, age, sex, religion, color, disability 

or national origin. 

HCH 

Hamilton County 

Herald 

96 years of Service 

(USPS 120 710) 

Published Weekly by 

Hamilton County Herald, Inc. 

Telephone 423-648-9841 

Fax 423-648-9844 




Don Bona 

Publisher 

Jay Edwards 

Associate Publisher 

Bill Ellis 

General Manager & Executive Editor 

Karen Dunphy 

Production Manager 

David Laprad 

Erica Tuggle 

Assistant Editor 

Rebecca Brockman 

Business Writer 

Melissa Miller 

Legal Notices 

Amy Sherrill 

Data Supervisor 

Kay Bona 

Staff Writer 

Wanda Bouldon 

Brandi Bensen 

Data Reporter 

Member of: 

Tennessee Press Association 

National Newspaper Association 

American Court & Commercial 

Newspapers 

Subscription $ 15 per year 

By mail 

Single copy • 50 cents 

Postmaster send 

changes of address to: 





Second Class 

Mailing Privileges 

Authorized at 

Chattanooga, Tennessee 

Material published in the Hamilton 

County Herald is compiled at considerable 

expense and is for the sole and 

exclusive use of our subscribers. 

The contents of the Hamilton County 

Herald may not be republished, resold 

or reproduced in any manner, in whole 

or in part without the consent of the publisher. 

Any infringement may be subject 

to legal redress. 

The records contained in the Hamilton 

County Herald are taken from those 

filed in the public record and do not 

necessarily reflect the financial standing 

of the parties involved. Care is 

taken to publish suits, judgements, other 

documents exactly as they appear in the 

public record. However, the Hamilton 

County Herald assumes no liability for 

errors or omissions. Persons who rely 

solely on these contents do so at their 

own risk. 

Any explanation of these items, as well 

as correction of any erroneous information, 

will be published upon timely notification 

by proper correspondence. 


The editors are responsible for the 

writing and display of the news, 

data and features in this newspaper. 

If you have a question or 

suggestions, you may call during 

normal business hours. 

General manager: Bill Ellis 

423-648-9841 

fax: 423-648-9844 

gm@hamiltoncountyherald.com


It may be pretty and green, 

but it is deadly to an ash tree 

Just when you thought we 

had made it through the summer 

without the usual “Lost In 

Space” warning from a robot 

waving his arms and demanding 

“danger Will Robinson,” out 

of the forests of East Tennessee 

comes the report that a bug that 

has sent terror throughout the 

Northeast has now made its way 

into our beautiful mountains of 

Tennessee. 

The ash trees located in our 

state’s forests are in the sights of 

a beetle all decked out in emerald 

green resembling something from 

a leftover St. Patty’s Day party 

that went totally wrong. The 

Emerald Ash Borer is about as 

destructive a bug as it gets and it 

has made a major mark up North. 

And, just like General Sherman 

did many years ago during the 

War of Northern Aggression, it is 

wanting to make a march on our 

woodlands, but our Department 

of Agriculture has other plans for 

this green menace. 

The Tennessee Department 

of Agriculture recently made the 

announcement that the Emerald 

Ash Borer was detected during 

the middle of July at a truck stop 

in Knox County near the Loudon 

County line, and their report said 

it was the first detection of the 

insect in the state. 

“We knew the Emerald Ash 

beetle could potentially reach 

Tennessee, and we’re prepared 

to help slow the spread of the 

infestation and protect our forest 

resources,” the announcement 

quoted state Agriculture 

Commissioner Ken Givens. “We 

will be working closely with fed- 

eral officials and other stakeholders 

to determine the extent of the 

infestation and to take steps to 

limit its spread.” 

They went on to say that 

after receiving a report of a suspected 

find, state and federal officials 

collected specimens from 

infested logs for submission to the 

U.S. Department of Agriculture 

for positive identification. The 

USDA confirmed the find. 

The good news is that the 

Emerald Ash Beetle attacks only 

Ash trees. The bug that takes 

living green to the wrong level, is 

thought to have been introduced 

into the Detroit, Mich. area 15 

to 20 years ago on wood packing 

material from Asia. Guess that 

is another reason to try to buy 

your pallets locally. Since then, 

it also has been found also in 

Illinois, Indiana, Iowa, Kentucky, 

Maryland, Minnesota, Missouri, 

New York, Ohio, Pennsylvania, 

Virginia, West Virginia and 

Wisconsin. 

The Tennessee Department 

of Agriculture plans to issue a 

quarantine in Knox and Loudon 

counties prohibiting the movement 

of firewood, ash nursery 

stock, ash timber and other material 

that can spread the beetle to 

Case Digests 

tennessee Court of appeals syllabus 

Berkeley Park Homeowners 

Association, Inc., et al v. John 

Tabor, et al 

Knox County – Berkeley 

Park Homeowners Association, 

Inc., and Southern Traditions 

Partners, LLC (collectively 

referred to as “Berkeley Park”) 

filed a motion for contempt 

against John Tabor and Tabor 

Construction, Inc. (collectively 

called “Tabor”), seeking to 

enforce a 2006 mediated settlement 

agreement governing the 

construction of a house being 

built by Tabor in Southern 

Traditions’ development known 

as Berkeley Park Subdivision. 

Berkeley Park alleged that 

Tabor was in violation of numerous 

provisions of the mediated 

agreement, while Tabor contended 

that the parties had 

reached another agreement in 

2007 that superseded the earlier 

agreement. Following a bench 

trial, the court held that there 

was no superseding agreement 

and that the evidence clearly 

and convincingly showed Tabor 

had violated the provisions of 

the mediated agreement. The 

court entered judgment in favor 

“It was good work, but it 

wasn’t what I had planned on 

doing. I had won the mock trial 

competition in law school! I had 

been named best advocate! I 

thought I was destined to be a 

litigator,” she says. So Carter left 

the debtor’s council and went to 

work with her father as a trial 

lawyer. 

Then destiny played the two 

aces it had been holding up its 

sleeve: Carter met the man who 

would become her husband, and 

Chapter 13 bankruptcy trustee 

Kenneth Steel decided to hire a 

staff attorney. 

“Greg and I were talking 

about getting married, and as 

much as I hated the idea of not 

being a litigator, he had three 

children from a previous marriage, 

so we were going to be 

putting together a family. With 

Read all 

about it ... 

B y P e t t u s L . R e a d 

T e n n e s s e e F a r m B u r e a u 

of Berkeley Park, awarding it 

damages of $34,042.11, including 

attorney’s fees. Tabor appeals. 

We affirm. 

Deborah Miller Gentile v. 

Michael Charles Gentile 

Williamson County – 

Husband appeals the trial court’s 

order under Rule 35 requiring 

the parties in this divorce action 

to undergo a mental examination 

and the court’s alleged reliance 

on that examination. He 

also appeals the trial court’s finding 

that the home titled solely 

to husband had transmuted to 

marital property. We affirm the 

trial court. 

Teresa Lynn Stanfield, et 

al. v. John Neblett, Jr., M.D., 

et al. 

Madison County – This is 

a medical malpractice case. The 

jury returned a verdict, finding 

that the Appellee/Doctor deviated 

from the standard of care, 

but that his deviation was not 

the legal cause of the injury. 

Appellant contends that 

the trial court erred in denying 

her motion for a directed 

verdict, erred in ruling on her 

that in mind, I wanted a job with 

regular hours,” she says. 

So Carter took the job with 

Steel, and would not seek work 

as a trail lawyer again. Although 

she parted ways with the trustee 

nine years later, it was to pursue 

a career in sales, purely for logistical 

reasons. Carter did well, 

climbing the ranks in each of 

the territories in which she was 

placed, but the job was not the 

best fit for her. 

“I was good at sales, but I’m 

better at this. Plus, I couldn’t 

see who I was benefitting, so 

it wasn’t satisfying personally. 

Here, I can see the benefits I 

provide. Someone will walk in 

upset, and they’ll walk out a little 

calmer. I feel like I’m helping 

people,” she says. 

Carter says working with a 

client is like performing an act 

objections to Appellee’s experts 

and the impeachment of her 

experts, that she was prejudiced 

by the language used on the 

verdict form, and that the trial 

court abused its discretion in 

allowing Appellee to make a 

powerpoint presentation during 

opening statements and closing 

arguments. Finding no error, we 

affirm. 

Rob Matlock d/b/a Rob 

Matlock Construction v. Regina 

M. Rourk 

Franklin County – A homeowner 

and a contractor agreed to 

use mediation to resolve their disagreement 

over the contractor’s 

bill for home renovations. The 

mediation resulted in an agreement, 

signed by both parties and 

their attorneys, which provided 

that the homeowner would pay 

the contractor $14,000 and that 

the parties would release each 

other from any and all claims. 

The homeowner paid 

$11,000, but refused to pay the 

rest. The contractor sued for the 

deficiency and filed a motion for 

summary judgment. The homeowner 

argued that she did not 

owe the money because the medi- 

in which she balances sympathy 

with firmness. While she lends 

an understanding ear to her clients, 

she also helps them realize 

where they stand according to 

the law. 

“Most people who are 

declaring bankruptcy feel like a 

failure, so I try to impress upon 

my clients that they are not a 

failure because their finances are 

in a shambles. They are not a 

failure because the economy has 

been bad; they are not a failure 

because they assumed it would 

get better and it didn’t; and they 

are not a failure because they 

can’t dig themselves out,” she 

says. 

“Maybe they took pay cuts; 

maybe they had an interruption 

in employment; maybe they 

made bad decisions, which is not 

a crime. I try to bring my clients 

other areas of the state. The 

department reports that its plant 

inspectors and foresters will conduct 

a thorough survey of trees 

in the areas to assess the extent 

of the infestation. 

It takes the beetles around 

three years to kill an ash tree 

once they infest a tree. The 

department describes the beetles 

as dark green, one-half inch in 

length and one-eighth inch wide, 

and fly only from April until 

September, depending on the climate 

of the area. In Tennessee, 

most EAB adults would fly in 

May and June. They report that 

the larvae spend the rest of the 

year beneath the bark of ash 

trees. When they emerge as 

adults, they leave D-shaped holes 

in the bark about one-eighth 

inch wide. 

The ash tree is very important 

to our state and this insect 

could have a major impact 

on not only our forest, but to 

trees located within our cities. 

The Tennessee Department of 

Agriculture Division of Forestry 

estimates that 10 million urban 

ash trees in Tennessee are potentially 

at risk from the insect. 

They say the risk represents an 

estimated value loss of $2 bil- 

ation procedure was unfair and 

because it did not comply with 

the requirements of Supreme 

Court Rule 31. The trial court 

granted summary judgment to 

the contractor and ordered the 

homeowner to pay him $3,000. 

We affirm the trial court. 

Danielle Christine Reinagel 

v. Alan N. Reinagel 

Dickson County – After 

the parties were divorced for two 

years, the father sought to reduce 

his child support obligation and 

change the custody of the child 

which had been agreed upon at 

the time of the divorce. The trial 

court heard evidence and modified 

the visitation schedule, but 

vested the mother with primary 

custody all based on Tenn. Code 

Ann. §36-6-101(a)(2)(C). He 

also increased the child support 

obligation of the father, and the 

father has appealed. We affirm 

the Judgment of the trial court. 

Gary Cooper v. Clinton 

Utilities Board 

Anderson County – Plaintiff 

brought this action, charging 

defendant utility breached its 

contract with plaintiff to construct 

a line and deliver electric- 

to the point where they stop 

beating themselves up so we can 

move forward.” 

At the same time, Carter 

says she must temper sympathy 

with a legal analysis of their 

case so her clients leave with 

an understanding of how the 

law will apply to their situation. 

And she must be resolute. “You 

will have clients who will want 

something they are not justified 

in having,” she says. 

Carter also tries to help her 

clients walk away with a new 

definition of success. 

“A lot of people judge themselves 

according to what they 

own, where they live and the 

kind of car they drive. And 

while it’s important to keep a 

roof over your head and food on 

your table, your relationship with 

your family, not how you spend 

lion. There are an estimated 261 

million ash trees on Tennessee 

public and private timberland 

potentially valued as high as $9 

billion. 

Individuals can help by 

not transporting firewood, even 

within Tennessee. With a lot 

of Tennesseans now enjoying 

camping, it is important they buy 

their campsite wood from a local 

source. Above all, don’t transport 

or buy firewood from outside 

the state. And, don’t bring wood 

home with you once your camping 

vacation is over. 

Since this green bug of terror 

has reached our state we all need 

to keep an eye on our own Ash 

trees for signs of infestations. If 

you see anything suspicious, you 

can visit www.TN.gov/agriculture/eab 

for an online symptoms’ 

checklist and report form or call 

the TDA’s Regulatory Services 

Division at 1-800-628-2631. 

We can stop this bug only 

with the help of everyone. Let’s 

keep Tennessee green with trees, 

not Emerald Ash Beetles. 

Pettus L. Read is Director of 

Communications for the Tennessee 

Farm Bureau Federation. He may 

be contacted by e-mail at pread@ 

tfbf.com v 

ity to his property. Defendant 

filed a Motion for Summary 

Judgment and the trial judge 

held that there was no meeting 

of the minds between the parties 

and defendant was not obligated 

to construct a line to deliver 

electricity to plaintiff’s dwelling. 

On appeal, we affirm. 

James Q. Holder, et al 

v. Westgate Resorts Ltd., a 

Florida Limited Partnersyip d/ 

b/a Westgate Smoky Mountain 

Resort at Gatlinburg 

Sevier County – Plaintiff 

sustained personal injuries 

resulting from a fall on defendant’s 

premises and brought 

this action for damages, which 

resulted in a jury verdict in 

favor of plaintiff for damages 

against defendant. Defendant 

appealed, and asserted that the 

trial judge erred when he refused 

to allow defendant’s expert to 

testify to his conversation with a 

third party. 

On appeal, we hold that 

the trial court erred in refus- 

ing to allow the proffered testimony, 

but the error was harmless. 

We affirm the Judgment of 

the trial court. v 

Consumer Continued from page 1 

your money, is the true measure 

of your success,” she says. 

While fate eventually had its 

way with Carter, her deviations 

from the path it had set before 

her were not without benefit. 

In learning to stand on her own 

two feet, she earned the right to 

show others how to do the same. 

By leaving the law temporarily to 

place her family first, she gained 

the ability to tell a client that the 

measure of their success can be 

found in their relationships. 

And because she gave up 

her dream of being a litigator to 

serve people in a different way, 

she can look a client square in 

eyes and say, without a shred of 

fabrication, that they can give up 

something they want in order to 

make a better life for themselves 

and others. 

Destiny must be smiling. v


from the fbI 

Eric Bartoli was indicted in 

Ohio in 2003 in connection with 

a Ponzi scheme that bilked his 

customers out of millions of dollars. 

He’s been on the run ever 

since, possibly living in Peru. 

William Zepeda is wanted in 

Georgia for armed robbery and 

murder. He may have fled to his 

native El Salvador. Alleged child 

predator Roger Giese, charged in 

California, could be hiding out 

in Norway or the Bahamas. 

While the FBI is well known 

for its top ten list of wanted fugitives, 

we also seek to locate and 

apprehend many other criminals 

who have avoided arrest by fleeing 

the country. To help catch 

these fugitives, the Bureau partners 

with law enforcement agencies 

around the world, including 

the international police organization 

Interpol. 

Case Digests 

VerDICts anD settlements 

Woman blames second 

crash for flare-up of problems 

Boston, MA – The plaintiff, 

a 54-year-old hospital cafeteria 

manager, was involved in 

two motor vehicle accidents in 

seven months. 

The woman settled the suit 

over the first accident. The second 

crash involved a rear-end 

collision that occurred at a highway 

off-ramp. The crash resulted 

in a total loss of the defendant’s 

vehicle and minimal damage 

to the plaintiff’s vehicle. The 

defendant stipulated as to his 

liability for purposes of arbitration. 

As a result of the first accident, 

the plaintiff had been 

treated primarily with an orthopedic 

and physical therapist for 

severe headaches and severe 

neck pain. While the treatment 

was still ongoing at the time of 

the second accident, the plaintiff 

testified that her treatment 

was essentially complete. She 

maintained that the continued 

treatment for her neck pain and 

headaches would not have been 

necessary if the second accident 

had not occurred. 

The plaintiff began treating 

with a pain specialist after the 

second crash, receiving nerve 

block injections on a regular 

Researchers make progress toward regenerating tissue to replace joints 

A team of National 

Institutes of Health-funded 

researchers has successfully 

regenerated rabbit joints using a 

cutting edge process to form the 

joint inside the body, or in vivo. 

Regenerative in vivo procedures 

are performed by stimulating 

previously irreparable organs or 

tissues to heal themselves. In 

this study, bioscaffolds, or threedimensional 

structures made of 

biocompatible and biodegradable 

materials in the shape of 

the tissue, were infused with a 

protein to promote growth of the 

rabbit joint. 

The experiment demonstrated 

the feasibility of an 

approach to growing dissimilar 

tissues, such as cartilage and 

bone, derived entirely from the 

host’s own cells. 

Regeneration activity relied 

on the host’s supply of cells to 

Interpol’s Operation Infra- 

Red (short for International 

Fugitive Roundup and Arrest) 

represents a focused effort to 

apprehend fugitives like Bartoli, 

Zepeda and Giese by promoting 

the timely exchange of information 

among the organization’s 

member countries and by soliciting 

the help of the public worldwide. 

Launched on May 3, the 

operation targeted 450 convicted 

or wanted persons whose names 

were submitted by 29 participating 

countries. In early July, 

Interpol issued a call for public 

assistance to locate these individuals. 

Since that time, 114 

fugitives have been located or 

arrested, and new information 

on 323 of the cases has been 

provided – including possible 

locations, photographs and tele- 

basis. She also claimed to have 

suffered severe depression as a 

result of her inability to physically 

recover and submitted the 

report of an expert psychiatrist. 

The plaintiff documented medical 

expenses totaling $22,453. 

All expert opinions were 

submitted in the form of expert 

medical reports. The defendant’s 

expert psychiatrist opined that 

although the plaintiff exhibited 

signs of depression, it was not 

related to the accident. The 

expert neurologists had conflicting 

opinions as to whether 

the second accident caused 

any exacerbation of the bodily 

injuries stemming from the first 

crash. 

Defense counsel argued that 

most if not all of the treatment 

after the second collision would 

have occurred anyway and was 

related only to the first crash. 

The arbitrator awarded the 

plaintiff damages based on a 

short term of aggravation after 

the second accident, including 

damages awarded to her husband 

on his loss of consortium 

claim, for a total of $19,424 - an 

amount less than the claimed 

medical expenses. 

Type of action: Motor vehicle 

negligence 

Injuries alleged: Severe 

the joint, local tissue response 

and functional stimulation to 

recreate the entire surface of 

the joint cartilage together with 

the bone. The approach sidesteps 

problems encountered in 

transplantation of cells grown 

ex vivo, such as immunological 

rejection, pathogen transmission 

and potential formation of 

tumors. 

The research team laserscanned 

the surface contours of 

a rabbit forelimb joint and made 

a 3-D model that was used to 

create an anatomically dimensioned 

bioscaffold. Some rabbits 

in the study received a bioscaffold 

infused with a collagen gel 

loaded with the protein, called 

transforming growth factor beta 

3 (TGFB3), while other rabbits 

received bioscaffolds without 

TGFB3. 

Bioscaffolds infused with 

phone numbers. 

To assist with Operation 

Infra-Red, the Bureau assigned 

several agents and other personnel 

to Interpol headquarters 

in Lyon, France and is offering 

additional support from our 

Violent Crimes/Major Offenders 

Unit and Directorate of 

Intelligence at FBI Headquarters 

in Washington. 

Special Agent Eric Ives, who 

recently returned from a six-week 

assignment at Interpol headquarters, 

described the experience 

as a “fantastic example of law 

enforcement working together.” 

“If I’m in Washington 

and I have a fugitive lead in 

Copenhagen,” Ives explained, 

“ordinarily I can’t just pick up the 

phone and call an officer there. 

For one thing, I wouldn’t know 

who to call, and there are differ- 

headaches and neck pain, major 

depression 

Name of Case: Trio v. 

Flaherty 

Court/case no.: Middlesex 

Superior Court, No. 09-1065 

Tried before judge or jury: 

N/A (arbitrated) 

Name of arbitrator: 

Withheld 

Demand: $100,000 

Highest offer: $20,000 

Amount of award: $19,424 

Attorney: Jason R. Scopa, 

Law Offices of Peter E. Flynn, 

Saugus (for the defendant) 

Mount Pleasant defamation 

case nets $850,000 verdict 

Columbia, SC – Recordings 

of newspaper interviews were 

key evidence in a court battle 

that led to an $850,000 defamation 

verdict for a Lowcountry 

plaintiff, his lawyer said. 

Robert E. Miller, a member 

of the Charleston County 

Planning Commission, allegedly 

defamed Mount Pleasant Town 

Councilman Ken Glasson, in 

comments that a Charlestonarea 

newspaper published in 

2007. 

The case focused on an Oct. 

10, 2007, article that ran in the 

Charleston City Paper. Glasson 

claimed that Miller defamed 

TGFB3 recruited 130 percent 

more cells and grew a whole layer 

of cartilage tissue with greater 

compressive and shear properties 

than those who received the 

bioscaffold without the TGFB3. 

Rabbits with TGFB3-infused 

bioscaffolds resumed weightbearing 

activity and locomotion 

three to four weeks after joint 

replacement. At five to eight 

weeks after surgery, these rabbits 

moved nearly as well as the control 

rabbits. By contrast, rabbits 

whose bioscaffolds did not contain 

TGFB3 continued to limp. 

The research team included 

Chang H. Lee, Avital 

Mendelson, Eduardo K. Moioli 

and Jeremy J. Mao of Columbia 

University Medical Center Tissue 

Engineering and Regenerative 

Medicine Laboratory, New York 

City; James L. Cook, University 

of Missouri School of Veterinary 

ent legal restrictions in different 

countries. That’s where Interpol 

steps in, to act as a facilitator and 

a conduit for information.” 

Interpol was created nearly 

90 years ago to facilitate just 

such cross-border police cooperation. 

Many of the 188 member 

countries work side by side 

in Lyon, staffing a 24/7 command 

post that employs sophisticated 

databases and operates in 

four official languages – Arabic, 

English, French and Spanish. 

If the FBI has information 

that one of its wanted fugitives 

might be in Dublin, for example, 

Interpol coordinates with the 

Irish authorities to pursue leads 

and other investigative work. 

“Having law enforcement 

from the other countries sitting 

together in Lyon helps the process 

greatly,” Ives said. 

him by telling the reporter that 

Glasson was insane and corrupt 

and that Glasson was operating 

a Ponzi scheme, according to 

court documents. 

Miller denied the allegations. 

He claimed his comments 

were supposed to be off the 

record and blamed the reporter’s 

“use of surreptitious and selective 

recording,” according to 

court documents. 

Miller also countersued 

for defamation and civil conspiracy. 

He contended that 

Glasson “falsely and maliciously” 

accused him of offering Glasson 

a $250,000 bribe to vote against 

a Mount Pleasant development 

project in May 2007, according 

to court documents. 

Also, he said, Glasson was 

part of a conspiracy that pushed 

the bribery accusation, sparking 

a state and federal investigation 

against Miller. 

In the end, the jury ruled 

in favor of Glasson on both of 

Miller’s counterclaims, according 

to court documents. 

At trial, the plaintiff played 

tapes of interviews the Charleston 

City Paper conducted for an Oct. 

10, 2007, article entitled “Bullies 

and Bribes, Something Stinks in 

Mount Pleasant.” 

For example, Miller had 

Medicine, Columbia; and Hai 

Yao, Clemson University and 

Medical University of South 

Carolina Department of 

Bioengineering, Charleston. 

“Cartilage is one of the most 

resistant tissues for regeneration. 

This is the first time an entire 

cartilage joint was regenerated. 

By successfully regenerating cartilage 

in this way, we hope that 

this approach would work with 

other tissues without cell transplantation,” 

Dr. Mao said. 

Future work could replace 

arthritic joints in pre-clinical 

animal models and ultimately in 

arthritis patients who need total 

joint replacement. 

Osteoarthritis is the world’s 

leading cause of chronic disa- 

bilities. The disease involves 

structural breakdown of cartilage 

and bone, and affects approximately 

80 million people in the 

“You can cut through a lot 

of barriers and get a lot accomplished.” 

Among the international 

fugitives targeted by the FBI 

are two top tenners – James 

J. “Whitey” Bulger and Robert 

William Fisher, both wanted for 

murder, among other crimes. 

“Global partnerships are 

vital to being able to capture 

these fugitives,” said Special 

Agent Hector Gonzalez, who 

coordinated the Bureau’s 

Operation Infra-Red activities 

with Interpol. “We are happy 

to be a part of this initiative, 

and we are receiving many good 

leads as a result.” 

If you have information 

regarding international fugitives, 

please contact your local FBI office 

or send an e-mail to Interpol’s fugitive 

unit. (www.fbi.gov) v 

said early in the case that he 

couldn’t remember saying that 

Glasson was operating an Al 

Parish-type Ponzi scheme. Parish 

is a former Charleston Southern 

University economics professor 

who was sentenced to prison in 

2008 after admitting he swindled 

hundreds of investors. 

Miller “told the newspaper 

he didn’t remember saying that,” 

Parker said. “Then he found out 

there were tapes of the interviews, 

which we played to the 

jury, so he couldn’t deny he said 

it because he said it.” 

Claim: Defamation 

Tried or settled: Jury verdict 

Court: Charleston County 

Court of Common Pleas 

Case name and number: 

Kenneth Glasson v. Robert 

Miller & Miller Construction 

Company, Civil Action No. 

2008-CP-10-2025 

Name of judge: Hon. Deadra 

L. Jefferson 

Amount: $600,000 actual 

damages and $250,000 punitive 

Attorney for plaintiff: John 

E. Parker, Grahame E. Holmes 

and William F. Barnes III, all 

of Peters, Murdaugh, Parker, 

Eltzroth, & Detrick (Hampton); 

and Barrett Brewer of Clawson 

& Staubes (Charleston) v 

United States. 

“The aging population with 

arthritis is expected to double by 

2030, when the last of the baby 

boomers become seniors,” adds 

Dr. Mao. 

Current joint replacements 

have only a 10–15 year lifespan 

which may not be long enough 

for the increasing numbers of 

arthritis patients who are 65 

years old or younger. 

“The potential for in vivo 

tissue regeneration is enormous,” 

says Dr. Christine Kelley, 

director of the NIBIB Division 

of Discovery Science and 

Technology. “Dr. Mao’s work 

with repairing damaged bone 

and cartilage by recruiting host 

cells within a living animal could 

help pave the way for advanced 

treatment of arthritis and other 

diseases in humans.” 

Source: NIH v


“I should have never switched 

from scotch to martinis.” 

– Last words of Humphrey Bogart 

Thanks to good friend J. 

Mark Davis sending me an e-mail 

about people’s words just before 

their final breath. These are from 

a column by Alex Moisi. 

First there is comedian 

Steven Wright, who said that he 

wished his first word ever spoken 

had been “Quote,” and the last, 

“Unquote.” 

• Then there was Voltaire, 

who was asked by a priest on 

his deathbed to renounce Satan. 

There are discrepancies about 

the old philosophers last words 

but most say his reply to the 

priest’s request was, “This is no 

time to make new enemies.” 

• The last man to be sentenced 

to death in the state 

of Oklahoma was also the only 

person in the entire country, in 

1966, to get the electric chair. 

James D. French had actually 

received an original sentence of 

across 

1 “___ not, want not” 

6 Bold and saucy 

10 Prefix with dexterity 

14 Kick out, as of school 

15 Abu Dhabi VIP 

16 Alphabetize, e.g. 

17 Waltz by Strauss, familiarly, 

after “The” 

19 63-Across’s offering 

20 Has a feeling 

21 Home of the hero of a certain 

parable 

23 ___ capital (up-front 

money) 

26 Extremely 

27 Dorothy’s canine 

31 ___ of limitations 

33 Assumed truth 

35 Last Olds model made 

36 “April Love” singer Boone 

39 Village in upstate 41- 

Across 

41 See 39-Across 

43 “ ___ Day Now” (Bob 

Dylan hit) 

44 Bends to the will of 

46 Acknowledge tacitly 

47 Blunder 

49 Consumes completely, 

with “up” 

50 “Adelaide’s ___” (“Guys 

and Dolls” song) 

53 “Saving Private Ryan” 

event 

55 Alloy of silver and mercury 

57 Cuts on, as a turkey 

62 ___ College (campus in 

Annandale-on-Hudson) 

63 B&B in a rural setting 

66 “The NeverEnding Story” 

author Michael 

67 Emulate a couch potato 

68 “Inferno” writer 

69 ___-back (easy-going) 

70 “National Velvet” writer 

Bagnold 

71 “ZZZ!”, in the comics 

Down 

1 Attic accumulation 

2 Auto shaft 

3 Like 1-Down 

4 Ball props 

5 Adjective for some statesmen 

Are we there yet? 

Last words and a letter 

B y J a y E d w a r d s 

life for his crime, but after he 

killed his cellmate he was scheduled 

for the death penalty. When 

asked if he had anything to say 

before the harsh judgement was 

carried out he replied, “How’s 

this for a headline – ‘French 

Fries.’” 

• A few years ago I was on 

my way from Chattanooga to 

Little Rock when I decided to 

take a detour over to Lynchburg, 

Tennessee and tour the Jack 

Daniels Distillery; a three-hour 

delay I much enjoyed. But one 

thing they didn’t tell us that 

day were the last words of their 

founder, who died one morning 

from blood poisoning in 1911. 

The infection allegedly 

began in a toe, which Daniel 

injured by kicking his safe in 

anger when he could not get it 

open early one morning at work 

— he had always had trouble 

remembering the combination. 

His final words were “One last 

drink, please.” 

I Swear Crossword 

By Victor Fleming 

6 Ballpoint, e.g. 

7 “Down under” fowl 

8 “Spare” items at a barbecue 

9 Love a lot 

10 Equally pink, as steaks 

11 “A Few Good Men” star 

Demi ___ 

12 Prepare under the heat 

coming from the top of the 

oven 

13 “To whom ___ concern...” 

18 “Buyer beware” phrase 

22 Berry Gordy’s label 

24 Belmont ___ 

25 ___ Kan (Alpo competitor) 

27 “Gone With the Wind” setting 

28 Beasts in yokes 

29 ___ sum (goodly amount 

of money) 

30 “Aah!” accompanier 

32 ___ up (got nervous) 

34 Making low noises? 

36 Jet-engine housings 

37 Comedian Johnson 

38 Bout enders 

40 Barrier 

42 “Are ___ for real?” 

• You may not remember 

him by name but millions of 

people have been entertained 

by the creations of Mr. Charles 

J. Gussman, who brought the 

world many of those old time 

radio serials like “The Road of 

Life,” “The Right to Happiness” 

and “Young Doctor Malone.” All 

three were among the top-rated 

programs of the early 1950’s, 

when daytime soap operas, usually 

15 minutes long and named 

for the soap companies that sponsored 

them, attracted far more 

listeners than nighttime dramas. 

Later Gussman would move to 

television where he wrote for 

shows, “Days of Our Lives” and 

“Gilligan’s Island.” He died ten 

years ago at the age of 87, leaving 

behind the last phrase, “... 

and now for a final word from 

our sponsor ...” 

• Finally, it was Paris’ 

daddy, Conrad Hilton, who left 

the world with some profound 

wisdom when he advised, “Leave 

the shower curtain on the inside 

of the tub.” 

••• 

Thanks to my friend Arthur 

Murphey, of the UALR Bowen 

School of Law Emeritus Faculty, 

for reading and responding to my 

recent column that looked forward 

to the first day of fall. I get 

so few letters from readers that 

you can imagine my excitement. 

1 2 3 4 5 6 7 8 9 10 11 12 13 

14 15 16 

17 18 19 

20 21 22 

23 24 25 26 

27 28 29 30 31 32 

33 34 35 36 37 38 

39 40 41 42 

43 44 45 46 

47 48 49 

50 51 52 53 54 

55 56 57 58 59 60 61 

62 63 64 65 

66 67 68 

69 70 71 

Victor Fleming’s puzzles have appeared in many publications, 

including the New York Times and Games Magazine. 

Diversions 

45 “Jan. 1 through now” 

column 

47 Blended 

48 Agreement 

50 Put a tag on 

51 Big appliance name 

52 ___ Gras 

54 36-inch units 

56 Eerie sound 

58 All-time strikeout king 

Nolan 

59 Wine, in Italy 

60 ___’acte 

61 Blade of yore 

64 Action film gun 

65 “Cookie’s Fortune” actor 

Beatty 

Last week’s solution 

S N A P O P E C C B S T V 

N O R A K A T O L Y D I A 

O A T S B R A N E S S E N 

W H Y S A Y I T G O E S 

R U M O N S H O R E 

A S T U D E N T L E E R E D 

T H I S I I O W A E L I 

W I T H O U T S A Y I N G I F 

O P T P A I D R O O N E 

R I L E U P R E N O W N E D 

K N E L L E D O N A 

I T R E A L L Y D O E S 

A B A C I A R T E A P S E 

M A X I M L I D S Y I P E 

T H E T A T A S S S E N D 

I don’t think he would mind if I 

shared his remarks with you. 

“Dear Jay, 

I read with interest the 

statement in your column that 

there are just 73 days until the 

first day of fall. It reminded me 

of an incident that occurred in 

the summer about 32 years ago, 

when I was asked by a new faculty 

member from the upper latitudes 

(a Yankee, that is, and a native 

of New York or Massachusetts 

as I recall) when fall came “in 

these parts.” I laid it out as follows: 

If he was referring to the 

equinox, the so-called official 

day, that would be September 

22, the same as in other places. 

If he had a child in school and 

was looking to registration and 

the end of summer vacation that 

would be about the second week 

of August. (I think some swimming 

pools close then.) If he 

was a holiday type person, fall 

began the day after Labor Day in 

RED HOOK, N.Y. – Pat’s 

courtesy and conscientiousness 

were infectiously pleasing. 

Nabil’s meals were outstanding. 

The ambience in the 189 yearold 

physical plant was pleasant 

and relaxing. The hospitality 

seemed almost southern! 

What more, really, can one 

ask for from innkeepers in a foreign 

land, such as upstate New 

York’s Dutchess County? Which 

is where Susan and I found ourselves 

on a recent sojourn. We 

came away from a weekend of 

R&R at a B&B known officially 

as The Red Hook Country Inn 

perfectly comfortable with recommending 

it to anyone who 

might be tooling around the 

area. 

We drove over from Jamaica, 

Vt., where we’d been with some 

old friends from college days, 

on a Friday afternoon, arriving 

around 6:30 p.m.. We’d been 

able to order our dinner online 

earlier in the day, so Nabil, Pat’s 

husband and business partner in 

TRHCI knew what he was cooking 

for us. We’d agreed to a 7:15 

dinner time, so we had time to 

unpack the car and change into 

the clothes that we were to wear 

to an event later in the evening. 

All I knew was that Susan 

had chosen for us the steak offering 

over the seafood offering, 

because we had had the same 

seafood entrée the night before. 

When the meal was over, I was 

worried that I might not wake up 

on Saturday morning. For what 

I found before me on the table, 

combined with how it tasted, 

would, without question, be the 

meal I would order as my last. 

The first course was a salad, 

a very competently assembled 

assortment of greens with a mild 

salsa of sorts as a topping and 

dressed with a vinaigrette that 

was perfectly in sync with my 

palate. 

The main course was a brilliantly 

prepared, pink-in-themiddle, 

filet mignon, with a light 

gravy over it, roasted potatoes, 

sweet baby carrots and grilled 

September. (The English have 

their last fling on what is called 

the August Bank Holiday.) If he 

was a sports fan, the first game 

of the “Fall Football Program” 

might be the last Saturday in 

August. But if, as I suspected, 

he was asking how much longer 

would he have to endure the 

summer heat, it would probably 

be the middle of October. 

How much of this do you 

think is still true? 

Sincerely, 

Artie Murphey” 

Well Mr. Artie I think most 

of it is still true. Thanks for the 

letter. 

(The last letter I received 

before this one was 

from LR Zoo Director Michael 

Blakely, who explained in 

a firm but courteous way 

how wrong I was for wanting to free 

Ellen the elephant. Mr. Blakely’s 

letter was also printed in this 

publication) v 

I Swear... 

Red Hook Inn 

no disappointment 

B y V i c F l e m i n g 

asparagus spears. (Okay, so it’s a 

lot of the stuff I prepare myself 

at home! Get over it: it was a 

fabulous treat!) 

For dessert, there was 

apple pie, made earlier in the 

day by Pat, topped with homemade 

vanilla ice cream, made 

by Nabil. As each succeeding 

course arrived, Susan’s commentary 

about how these were my 

“very favorite foods in the world” 

took on more and more of an 

incredulous tone. 

To say that our stay in 

Dutchess County was a colorful 

experience would be to stretch 

a metaphor. We were, after all, 

in the Blue Danube Room of the 

Red Hook Inn. 

There was an event in a 

nearby town that we were there 

for. It was the type of affair that 

brings local folk out in search of 

celebrities. And to which certain 

media employees are want to 

flock, hoping for photo ops. The 

nature of the event was such that 

some other people with Arkansas 

connections were in attendance. 

One such couple with an 

Arkansas link consisted of Mary 

Steenburgen and her husband 

Ted Danson. Confronted by 

a New York Times reporter on 

the street in Rhinebeck (five 

miles from Red Hook), Danson 

quipped, “We must be the only 

celebrities in town.” 

By my count, though, there 

were at least two other movie 

stars in the vicinity. One of those 

is better known for his longtime 

involvement in politics, 

but he did play a major role in 

“Wordplay.” But, for purposes 

of the weekend, he was cast as 

father of the bride. 

The other (also from 

“Wordplay”)? Well, suffice it to 

say that by maintaining a low 

profile, he was able to slip quietly 

and unobtrusively in and out of a 

certain B&B in a nearby village. 

Vic Fleming is a district court 

judge in Little Rock, Arkansas, 

where he also teaches at the William 

H. Bowen School of Law. Contact 

him at vicfleming@att.net. v


Hot new brew 

Coffee enthusiasts and caffeine 

free fans alike all seem to 

have fallen in love with the relative 

newbie to the Chattanooga 

java scene: Pasha Coffee and Tea. 

The reviews on urbanspoon.com 

give the little nook of a shop a 

92 percent approval rating, and I 

have already had several friends 

recommend a visit to the 1914 

St. Elmo Avenue location. 

Not immediately visible 

from the road as you head to St. 

Elmo from Broad Street, Pasha 

Coffee and Tea is located behind 

and beside Blacksmith’s Bistro 

and Bar, which anyone who 

has passed their rooster emblem 

of a sign will be familiar with. 

Circling around on Tennessee 

Avenue to reach the alleyway 

where Pasha is located is suggested, 

and plenty of street parking 

is available in two-hour time 

slots. 

At face value, one of the 

best things about Pasha is that it 

is a cool place to go on a hot day. 

I visited Pasha while the thermometer 

was dancing around 

the triple digits, and the chance 

to get out of the heat to a quiet 

place was heartily welcomed. 

Entering Pasha, the shop 

was pretty peaceful, with only 

a laptop displaying an ongoing 

World Cup game playing softly 

behind the counter. The front 

part of the shop is full of comfy 

couches, high and low tables, 

Wonder Cloth 

If there is one thing I have 

learned about getting older, it 

is that your problems do not go 

away with age, they just amplify 

or change. Feel like that patch of 

cellulite on your legs or stretch 

marks from growing too fast 

through puberty will disappear 

over time? Sorry, ladies; unless 

you have surgery or other medi- 

River City 

Roundabout 

B y E r i c a T u g g l e 

and local artwork on the walls 

and tables. The center table has 

several art books patrons can flip 

through as well. Through a doorway, 

the shop expands into an 

area with more sofas, tables and 

relaxing looking chairs, where 

there are tapestries and more artwork 

on the walls. Pasha offers 

artists the opportunity to display 

their art for sale in the shop on 

six-week rotations. The exhibits 

they feature include photography, 

mixed media, pottery and 

original paintings. 

The back part of the shop is 

where Pasha features events like 

Music Mondays and New Voices. 

Bands can book themselves 

at Pasha for Music Mondays 

and poets can showcase their 

work during New Voices reading 

events. For the rest of us, 

there’s the coffee and entertainment 

of the events, as well as 

each Thursday and Friday, Pasha 

offers one-dollar coffee from 6 

p.m. to 8 p.m. and throwback 

music during Vinyl Night. 

Even if you are not the 

social type, Pasha pulls through 

with some unique menu selections. 

Besides their Turkish 

coffee, other exotic selections 

include the Halvah Latte, hummus, 

the Mezes combo plate, 

Baklava, Curried chicken 

salad, grape leaves and Turkish 

Delight. There’s standard brunch 

food too with Barista eggs and 

bagels that include the option to 

What’ll they 

dream up next? 

B y M i s t y S . B r o w n 

cal procedure, they will probably 

always be there. Or what about 

that zit that appears in the same 

spot on your face? I used to have 

one that would reappear right 

between my eyebrows as a teenager, 

but it has since moved to 

my chin. 

I once read a tell-all book 

about coming of age and all the 

changes girls go through on their 

The Wonder Cloth’s fibers are made from Japanese plant pulp and cotton. 

It is excellent for makeup removal and exfoliation, and it rinses clean so 

you won’t have to stain your regular washcloths. (Misty S. Brown) 

Diversions 

Pasha Coffee and Tea offers a variety of standard coffee and espresso drinks as well as Turkish coffee, smoothies 

and fresh brewed tea. Located in St. Elmo, they also have breakfast, lunch and fresh baked pastry offerings. 

(Erica Tuggle) 

add feta cheese, pesto and different 

meats. Regulars rave about 

the turkey panini, frappe and 

pastry selections. 

The pastries are varied and 

impressive for such a small shop. 

They offer cupcakes, scones, 

muffins, cookies, cakes and 

many more untraditional coffee 

shop sweets. Case in point, a 

strawberry cake was sitting on 

the counter temptingly when I 

visited. But, in my opinion, the 

true test of a coffee shop’s pastry 

merit must be measured in the 

quality of their scones. 

Scones seem to be difficult 

to perfect. Usually they are 

either hard enough to be used 

as a weapon or too sweet and 

doughy to be edible. Pasha succeeds 

in the scone department. I 

tried their blueberry scone filled 

with juicy, sweet blueberries in a 

way to womanhood. One section 

said that it was important 

to clean your face every morning 

and every night. Skipping a 

cleaning one time would make 

you have to start your routine 

completely over, the book 

claimed. Needless to say, I was 

always starting over, trying this 

and that to get rid of acne spots 

or clear up my dry skin. I have 

stained so many washrags while 

trying to get rid of that mascara 

streak under my eyes that 

I had all day and nobody told 

me about. I was just never good 

at committing to a skin routine. 

Now that I have the Wonder 

Cloth, I can put my best effort at 

doing just that. 

What it is 

The Wonder Cloth is a 

makeup-removing cloth that 

comes from the WONDERfiber 

line. Unlike regular washcloths, 

the thin, straight fibers 

of a Wonder Cloth are made of 

Japanese plant pulp and cotton. 

How it works 

With just water, the straight 

fibers of the Wonder Cloth penetrate 

the pores to lift and out 

makeup, dirt and oils while exfoliating 

and massaging your skin. 

The cloth will rinse clean in 

water without leaving lipstick 

and mascara stains behind. It can 

be washed with other laundry 

and used over and over again. 

Pros and cons 

When I first removed my 

Wonder Cloth from the packaging, 

it reminded me of the 

fur from a cheap stuffed animal 

butter infused and mouth melting 

pastry that was lightly topped 

with a blueberry glaze. 

Their coffee is equally 

impressive. The iced latte with 

a shot of butterscotch I tried 

was not too sweet, coffee rich 

and went well with a sprinkle 

of cinnamon on top. I couldn’t 

taste the butterscotch flavoring 

in the coffee, which may be due 

to the resistant nature of coffee 

to blend with butterscotch, or 

the amount of syrup in the drink 

was too faint. 

The staff was polite, helpful 

and quick in preparing the drink 

and pastry. They interacted with 

the regulars watching the World 

Cup game while paying attention 

to other customers. After dining 

with the tasty smells wafting 

from the Blacksmith Bistro next 

door, a stop at Pasha’s coffee and 

out of a crane-machine game. 

The fibers seemed stiff and shed 

everywhere. All I could think of 

was having these fibers all over 

my face once I was done cleaning 

it. 

Despite my hesitation, I 

used it the next day to remove 

makeup before I went to bed. 

Once wet, the fibers did not 

shed. Although the packaging 

says it can be used with just 

water, it also says it is OK to use 

with your regular facial cleanser. 

I went to work on my face, and 

it did a decent job of removing 

the foundation, blush and eye 

shadow, but it took some extra 

scrubbing to remove my waterresistant 

mascara. 

Cleaning my face with one 

of these felt like it was doing a 

good job of exfoliating because 

I could feel it scrubbing a little 

tea is a must. 

The historic and eclectic 

neighborhood of St. Elmo is a 

good fit for Pasha, and allows the 

shop to compete with the other 

local coffee shops without being 

clustered in with the rest in the 

concentrated downtown area. 

They are also Chattanooga’s 

only all Organic and Fair Trade 

espresso bar. 

Whether for coffee, tea, or 

pastry, Pasha Coffee and Tea 

shop provides a satisfying treat 

and a quiet atmosphere that 

would be ideal for the after work 

wind-down, weekend relaxation 

or for out of the office paperwork 

time. Pasha is open Monday 

through Friday from 7 a.m. to 9 

p.m. and Saturday from 8 a.m. 

to 6 p.m. 

Email Erica Tuggle at reporter@hamiltoncountyherald.com. 

v 

more than a regular washcloth. 

The best part of my experience 

with the Wonder Cloth was seeing 

that all the makeup rinsed 

clean from the bright white 

fibers. 

From reading other users’ 

comments, I can tell this is something 

I can use for a very long 

time without having to replace 

it. While it is a bit silly to pay 

twice as much for one of these 

as you can pay for a cheap pack 

of washcloths, it is one that will 

always be designated for my face 

and will probably last longer. 

Where to buy 

I purchased my Wonder 

Cloth at Bed, Bath and Beyond 

for $9.99. There are some available 

on Amazon.com for $12. 

Submissions 

Send any gadget ideas to 

misty@dailydata.com. v 

Foreclosure Placement Services LLC 

Offering assistance to attorneys 

We handle all aspects of the 

placement of trustee sale 

notices in newspapers and 

on the Internet. 

• Guaranteed timely appearance. 

• Placements in Arkansas and Tennessee. 

• Placement on the Internet in accordance 

with Act 1196. 

501-372-1389 

300 S. Izard Street • Little Rock, Arkansas 72201


hamilton County 

publIC notICes 

NON-RESIDENT NOTICE 

STATE OF TENNESSEE, 

COUNTY OF HAMILTON 

BERNSTEIN, STEVEN W 

VS DOCKET NO. 05D995 

BERNSTEIN, DOROTHY 

It appearing from allegations in Plaintiff’s Bill, 

which is sworn to, that the defendant is a nonresident 

of the State of Tennessee, so that the 

ordinary process of law cannot be served upon 

THE BERNSTEIN COMPANY, LLC. 

IT IS ORDERED that publication be made for 

four successive weeks in the Hamilton County 

Herald, a newspaper published in Hamilton 

County, Tennessee, notifying said non-resident 

that unless THE BERNSTEIN COMPANY, 

LLC answers and makes defense to said complaint 

in the offices of the Circuit Court Clerk 

of Hamilton County, Tennessee, within thirty 

(30) days after the fourth weekly publication 

of this order, the same will be taken as admitted 

by THE BERNSTEIN COMPANY, LLC 

and the case will be set for hearing ex parte or 

without THE BERNSTEIN COMPANY, LLC 

presence. 

This 28th day of JULY, 2010. 

PAULA T. THOMPSON, 

CIRCUIT COURT CLERK 

ATTORNEY FOR PLAINTIFF 

ROBERT NEWTON MEEKS 

200 WALKER ST 

CHATTANOOGA, TN 37421 

HCH4T-8/6,8/13,8/20,8/27/10 




HARWOOD, JENNIFER SHERE 

vs DOCKET NO. 10D1326 

HARWOOD, MATTHEW STEVEN 

Commentary: Don’t cut the chatter on your law firm’s Web site 

By Jane Pribek 

The Daily Record Newswire 

My guess is, the connotations 

most lawyers make for the 

word “chat” generally are not 

positive – at least from the perspective 

of bumping up your bottom 

line. That is, chat = waste 

of time. 

That’s what I thought, too, 

until I looked into chat services 

for lawyers as an effective use of 

your marketing time and dollars. 

I found there are a few decent 

options out there. 

NGage 

NGage live chat software 

allows Web site visitors to communicate 

immediately with a 

live representative. 

The way it works is, NGage 

uploads a small piece of code 

to your Web site. Its operators 

monitor your site 24/7 to greet 

It appearing from allegations in Plaintiff’s 

Bill, which is sworn to, that the defendant is 

a non-resident of the State of Tennessee, so 

that the ordinary process of law cannot be 

served upon MATTHEW HARWOOD. IT IS 

ORDERED that publication be made for four 

successive weeks in the Hamilton County 



that unless MATTHEW HARWOOD answers 

and makes defense to said complaint in the 

offices of the Circuit Court Clerk of Hamilton 

County, Tennessee, within thirty (30) days 

after the fourth weekly publication of this 

order, the same will be taken as admitted by 

MATTHEW HARWOOD and the case will be 

set for hearing ex parte or without MATTHEW 

HARWOOD presence. 

This 14th day of July, 2010 



BY: J. Wheeler DC 

Deputy Clerk 

ATTORNEY FOR PLAINTIFF: 

TEETER, RICHARD BRENT 

WILLARD BLDG #400 

615 LINDSAY ST 






HOPE, BENNY FRANKLIN 


LYNN, LINDA JEAN 





LINDA LYNN. 

them and answer questions. 

On the user end, not long 

after the homepage has downloaded 

– usually less than a minute 

– a polite pop-up appears 

that asks if you’d like to chat 

with a live operator. (“Hi, sorry 

to interrupt... You may just be 

browsing, but if you have any 

questions we are available to 

help.”) 

Visitors may click no, or if 

they click yes, then the conversation 

begins. Or, they might initiate 

the conversation by clicking 

on an icon (an attractive young 

woman wearing a head set) that 

reads, “Click here to chat live.” 

Milwaukee lawyer Robert 

C. Menard says his firm, Derzon 

& Menard SC, concentrating 

in personal injury and worker’s 

compensation, has used NGage 

for about six months. He gives it 

a thumbs-up. 

Do you need to publish a 

legal notice 

in Hamilton County? 

Fax the information to: 423-648-9844 

or 

Email the ad to: 

legals@hamiltoncountyherald.com 


Published every Friday 

Phone: 423-648-9841 

651 East Fourth Street, Suite 100 

Chattanooga, Tenn. 37403 

Service, accuracy and dependability 





that unless LINDA LYNN answers and makes 

defense to said complaint in the offices of the 

Circuit Court Clerk of Hamilton County, Tennessee, 

within thirty (30) days after the fourth 

weekly publication of this order, the same will 

be taken as admitted by LINDA LYNN and the 

case will be set for hearing ex parte or without 

LINDA LYNN presence. 

This 16 th day of July, 2010. 

PAULA T. THOMPSON 


By: J. Wheeler 


DAVIS, KENNETH LEE 

1025 TSATANUGA TRAIL 






DALES, VICTORIA VAWN JENKINS 


DALES, MICHAEL WILLIAM 





MICHAEL DALES. 





that unless MICHAEL DALES answers and 

makes defense to said complaint in the offices 

of the Circuit Court Clerk of Hamilton County, 

Tennessee, within thirty (30) days after the 

fourth weekly publication of this order, the 

same will be taken as admitted by MICHAEL 

Now, Menard doesn’t 

anticipate lots of serious injury, 

big-money cases finding their 

way to him with NGage’s assistance. 

But he has been retained 

enough moderate injury cases 

with NGage’s help to have made 

it a wise investment of marketing 

dollars, he says. 

On his end, Menard receives 

e-mailed scripts from NGage 

chats, and he and his colleagues 

decide how they’ll follow-up. 

The chats typically aren’t very 

long – they contain the bare 

bones facts of the case and they 

conclude with the operator writing 

something along the lines of, 

“The attorney who can help you 

with this is unavailable now, but 

I’ll have him contact you as soon 

as possible.” 

Menard likes NGage’s pricing. 

He only pays for what he 

calls “qualified leads,” and what 

NGage’s CEO, Kim S. Curtis, 

prefers to call “relevant conversations.” 

By that, Menard means 

if he and his colleagues opt to 

follow up with the NGage lead, 

they pay $35 for the contact, 

whether or not the lead actually 

turns into a file. Menard also 

paid an initial, one-time fee of 

$500 when NGage set up its system. 

Still, it’s been a good value, 

he says. 

Menard notes that not 

everybody wants to chat. They 

decline the invite, but then complete 

the form on the “Contact 

Us” page. In that instance, he 

owes NGage nothing. 

He suspects, though, that 

in the coming years, when more 

members of the texting generation 

age, they’ll be more likely 

to use NGage. Along these lines, 

if your focus is elder law, I’d hold 

off on adding chat to your Web 

site – for a few years anyway. 

Firms that are extremely 

sensitive to the aesthetics of their 

Web site might not be interested 

DALES and the case will be set for hearing ex 

parte or without MICHAEL DALES presence. 

This 16 th day of July, 2010. 

PAULA T. THOMPSON 


By: J. Wheeler 



WILLARD BLDG. #400 

615 LINDSAY ST. 






HUGHES, MARY KATHERINE ROBINSON 


HUGHES, DANIEL EVERETTE 

It appearing from allegations in Plaintiffs Bill, 




DANIEL E. HUGHES. 





that unless DANIEL E. HUGHES answers and 

makes defense to said complaint in the offices 

of the Circuit Court Clerk of Hamilton County, 

Tennessee, within thirty (30) days after the 

fourth weekly publication of this order, the 

same will be taken as admitted by DANIEL E. 

HUGHES and the case will be set for hearing 

ex parte or without DANIEL E. HUGHES 

presence. 

This 8th day of July, 2010. 



in NGage, says Menard. On his 

page, however, he’s interviewed 

wearing a Badgers sweatshirt, and 

Packers memorabilia is in the 

background – so he’s not marketing 

to an artsy client base. 

In addition to whether 

there’s potential for a case, 

Menard looks for if the visitor 

found the firm’s site via Yahoo!, 

Google or some other search 

engine, and what the key words 

were that made the firm’s Web 

site appear as a search result. 

Chat for Lawyers 

ChatForLawyers allows visitors 

to your Web site to click an 

icon that generates a call directly 

to you – although they have the 

option of text or video as well. 

It employs software as a service 

to initiate a free call over the 

Internet, using Voice over IP 

technology. If you’ve used Skype, 

you can use ChatForLawyers. 

ChatForLawyers is owned 

by SuperGlobe LLC. Its CEO, 

Carl Allen, told me they have 

successfully marketed similar services 

to other professional service 

firms, but have just recently, 

within the past month or so, 

branched into the legal market 

– thus, a local testimonial isn’t 

available yet. 

Allen explained that lawyers 

inquiring about the service 

are directed to Glen Ellyn, 

Ill.-based Larry Bodine, a wellknown 

speaker on the tech/legal 

marketing circuit. 

It’s pricier – the least expensive 

package costs $129 per 

month, plus a one-time set-up 

fee of $750, and includes 500 

minutes of voice, video or text; 

training one person on the system; 

access to tech support during 

business hours; and installation 

of up to five standard icons 

on your Web site. 

But Allen is convinced that 

voice is the better route to turning 

Web site visitors into clients 



WILLARD BLDG #400 

615 LINDSAY ST 



STATE OF TENNESSEE 

ORDER OF PUBLICATION 

Docket Number: 07GS12098 

Plaintiff: CASH EXPRESS LLC 

Defendant: BROWN CURTIS DARRREN 

Date of This Order: 07.06.10 

Appearance Date: 8.30.10 at 11:00 a.m. 

Appearance Address: Court of General Sessions, 

Civil Division Room 111 Hamilton 

County City Courts Building 600 Market 

Street Chattanooga, TN 37402-1911 

It appearing from the record in this cause that 

the defendant is a non-resident of Tennessee, 

and certain property or money has been 

attached. 

One or more civil warrants have issued but returned 

unserved, and an attachment issued and 

was levied upon certain property or money. 

IT IS ORDERED that publication be made 

requiring the defendant to appear at the time 

and place stated above and defend this suit, or 

a judgment by default may be entered against 

him. This Order shall be published in a newspaper 

by this County as required by law. 

PAULA T. THOMPSON, CLERK 

Clerk of General Sessions 

BY: Deputy Clerk 


MAYFIELD AND LESTER, 

PO BOX 789 


HCH4T-7/16,7/23,7/30,8/6/10 v 

– instead of chatting with an 

operator, they are speaking with 

the lawyer or actual staff person 

with whom they’ll be working, 

which makes that prospect more 

likely to actually hire you. 

This assumes you or perhaps 

a well-trained assistant are able 

to devote time to fielding such 

inquiries. If you’re a solo without 

staff who appears in court 

regularly or has a very busy client 

meeting schedule, it probably 

wouldn’t work. 

Give them a try 

Go to either Web site, to 

get a feel from the prospect’s 

perspective. 

At NGage, the operator will 

greet you, just like he or she will 

for prospects to your site. At 

ChatForLawyers, you can click 

to speak to Bodine, his assistant 

or another SuperGlobe rep. 

Finally, a word of warning: 

Just because you might not be 

comfortable with this at first, 

don’t assume your prospects will 

feel the same. 

As someone over 40 who 

just recently started using text 

on my mobile phone with some 

regularity, I found it off-putting 

at first. They – someone, somewhere 

– can tell I’m visiting 

their Web site, so what else do 

they know about me, and can 

they see that I’m still in my pajamas 

well past noon? 

But that’s just me. When the 

Pew Internet Research Project 

last asked American adults in 

September 2005 how many of 

them had visited a chat room, 

some 22 percent said they had. 

Since then, we’ve all seen 

how FaceBook, with its simple 

chat capabilities, has captured 

the interest (sucked the time?) of 

the American public. Chatting 

is catching on, and this might 

be your chance to get ahead of 

that trend. v


Commentary: Lifting the burdens of others can lighten your load, too 

By Randall Franks 

Share America Foundation 

Have you ever known need? 

Have you ever been hungry and 

not known where your next meal 

is coming from? While I have 

been blessed not to know this 

sense of desperation, I have seen 

the face of despair in many and 

heard stories of desperation from 

years past. 

I was recently standing at 

a gasoline pump filling my tank 

when a car pulled in next to 

me. After hearing the engine, I 

immediately thought, they are 

lucky to be going anywhere. 

In just a matter of minutes, 

the man had stuck his head 

around the pump and began passing 

the time of day. He shared 

the family’s story with me, and I 

listened as I pumped. 

I realized as the conversation 

progressed that it was apparent 

as I looked into his face that 

they were in real need. 

Some years ago, I remember 

By Laura D’Amato 

and Elizabeth Levine 

The Daily Record Newswire 

Social networking and Web 

2.0 have become the “standard” 

in business to business professional 

networking. They also 

have become the norm in the 

way in which we stay connected 

to friends and family. 

LinkedIn has more than 50 

million registered users across 

all industries; all Fortune 500 

companies maintain individual 

profiles at the executive/director 

level, and it is viewed as the 

premier connection resource for 

U.S. professionals above other 

Web 2.0 sites. 

Facebook is even more widely 

used. With more than 80 million 

registered users worldwide, 

Facebook has established itself 

as the way to stay connected to 

personal contacts. 

Other social media, such 

as YouTube and Twitter, also 

have become part of our daily 

lives. For attorneys, sites like 

Legal OnRamp and Martindale- 

Hubbell Connected are specifically 

designed to facilitate communication 

between in-house 

and outside counsel. 

While social media influences 

the way in which we identify 

business opportunities, build 

a network, optimize our online 

presence, and generally stay connected 

to one another, it poses 

unique challenges for in-house 

attorneys and their corporate 

constituents. 

The following are some 

“dos and don’ts” for you and 

your company to keep in mind 

when venturing into the world 

of social media. 

DO be clear about your 

identity and role in a matter or 

transaction. 

ABA Model Rule 8.4(a) 

prohibits a lawyer from engaging 

in conduct involving dishonesty, 

fraud, deceit or misrepresentation. 

In March 2009, the Philadelphia 

Bar Association Professional 

performing out in Texas with the 

gospel group, The Marksmen. 

We had had a long trip and the 

old bus was traveling rough. 

As we drove through the 

areas of Louisiana and Texas 

that were deeply tied to the 

oil industry, you could see the 

shadow of doubt that covered 

the faces of the people. The 

bottom had fallen out and many 

could no longer afford to even 

pump the crude that supported 

their way of life. Families were 

hurting. 

We pulled up to a little 

church out in the middle of a 

farm area somewhere between 

Dallas and Houston. The little 

church probably held 100 on its 

best day. 

When we arrived, some 

men from the church cheerfully 

assisted Keith Chambers, Rob 

Gillentine and Earle Wheeler 

with some repairs on the bus. 

In spite of the depressed 

economy we had seen as we 

stopped along our trip, this little 

Guidance Committee issued an 

advisory opinion finding that 

Rule 8.4(a) would be violated 

if an attorney hired a third party 

to become a Facebook “friend” 

of a potential non-party witness 

so that the attorney could obtain 

information about the witness 

for use at trial. 

DON’T disclose any confidential 

or proprietary information. 

Sites like Legal OnRamp and 

Martindale-Hubbell Connected 

provide in-house counsel with 

the opportunity to ask questions 

and pose hypothetical problems 

to outside counsel. If the 

questions or hypotheticals are 

not crafted carefully, or if the 

conversations get too specific, 

they could inadvertently reveal 

sensitive information about your 

company. 

DO limit the group of people 

who can view your Facebook 

page and the number of recipients 

to whom your Twitter 

communications are sent. 

The use of Facebook and 

other sites for personal purposes 

can be problematic professionally. 

A good rule of thumb is to 

avoid posting anything that you 

don’t want your colleagues or 

adversaries to see. Also remember 

that any of your “friends” on 

Facebook can post (potentially 

embarrassing) information about 

you. Therefore, it is a good idea 

to make sure your privacy settings 

are set properly so that 

only your “friends” have access 

to your posts. 

DON’T violate copyright 

or other intellectual property 

laws. 

One of the key benefits of 

social media is how easy it is 

to access and share information 

with large audiences. Be careful, 

though, when referring to or 

attaching other materials that 

you do not violate any copyright 

or other intellectual property 

laws. 

DO consider developing a 

church seemed to be an island. 

The women of the church soon 

arrived, gleefully putting together 

a Texas spread fit for Sam 

Houston, filled with fried chicken, 

corn on the cob and green 

beans with a side of fatback. 

They went out of their way to 

make us weary travelers feel at 

home as we scurried around setting 

up the sound equipment and 

record table. 

As we watched, the congregation 

trickle in that evening 

to reach around 60 folks or so, 

I thought that was a long way 

to go to sing to such a small 

group of people. Before we even 

stepped up on the pulpit, you 

could feel the spirit of God filling 

the room. The church came 

alive with rejoicing; those whose 

faces came in laden with heavy 

burdens seemed to smooth as 

their concerns were lifted, if only 

momentarily. 

After the singing and the 

eating were over, the bus was 

running again, loaded, and we 

policy for employees regarding 

social media sites. 

By now it is standard practice 

for companies to have email 

and Internet usage policies. 

Although these policies can 

be the starting point for social 

media policies, they often do not 

cover all the issues raised by the 

use of social media – a relatively 

new technology – by employees. 

Indeed, recent lawsuits over 

the use of social media have 

highlighted the need for more 

direction and clarity. When 

dealing with non-competition 

and non-solicitation provisions 

among executives or contract 

employees, questions have arisen 

as to whether an employee’s 

online contacts are the property 

of the company in the same 

way a customer list or Rolodex 

assembled on company time and 

using company resources is, or 

whether those contacts are personal 

to the employee because 

they were somehow created and 

continue to exist in cyberspace. 

Barriers are likewise blurred 

by colleagues who “friend” each 

other on more casual social networking 

sites. Does the organization 

bear some responsibility 

if inappropriate conduct occurs 

within the confines of those 

sites? Is the company liable for 

the publication of questionable 

content? Does it matter whether 

the company has a policy that 

prohibits or allows the use of 

social media on company time? 

Alternatively, who owns 

the content or web address of 

employees who blog in an effort 

to generate business for the company? 

There are no ready answers 

to these questions, which are just 

now beginning to emerge. 

For some industries or positions, 

the use of social media 

might be appropriate for business 

development, but for others, an 

outright ban may be appropriate 

because the work force has 

no business reason to use social 

were once again on the road. 

Down the road a ways, it was customary 

to check over the offering 

and sales figures. None of 

us could believe what the count 

yielded. The amount given and 

bought by that little congregation 

exceeded that of some of 

the largest churches I have ever 

been in. I know some of those 

folks probably needed the money 

more than we did, but they gave 

anyway. 

I was blessed in their spirit 

and their faith. 

Sometimes, even when we 

find ourselves in despair, giving 

and helping others can lift us 

from those depths. 

Have you ever met someone 

and when you asked how they 

were, they really told you? 

After several minutes of 

sharing their problems, I imagine 

it makes them feel better. 

Or does it? Do they go to the 

next person and share the same 

afflictions? 

media at work or while using the 

company networks, facilities or 

equipment. 

DON’T exaggerate your 

experience or qualifications. 

ABA Model Rule 7.1 prohibits 

a lawyer from making a 

false or misleading communication 

about the lawyer or the 

lawyer’s services. A communication 

is false or misleading if it 

contains a material misrepresentation 

of fact or law or omits a 

fact necessary to make the statement 

considered as a whole not 

materially misleading. 

Although this rule is particularly 

relevant to the use of 

social media sites for marketing 

purposes, it is also important to 

keep in mind when preparing 

your profile on LinkedIn or other 

professional networks. 

DO make sure that you and 

your company are not involved 

in a matter before commenting 

on it. 

Although this may sound 

obvious, don’t post a message or 

comment on any matters that 

your company is involved in. 

ABA Model Rule 3.6 prohibits 

a lawyer from commenting on 

any investigation or litigation 

in which the lawyer is or has 

been involved and will have a 

substantial likelihood of materially 

prejudicing an adjudicative 

proceeding in the matter except 

in certain limited situations. 

Perhaps less obvious, you 

also should not take a position 

in a blog that may be inconsistent 

with a position you (or your 

outside counsel) are taking in a 

pending matter. 

DON’T comment negatively 

about the judiciary. 

This issue has become a 

popular one on legal blogs due 

to a September 2009 New York 

Times article about a handful 

of lawyers who have gotten 

themselves in trouble for making 

derogatory comments about 

judges. 

Although it is rarely a good 

If we only remember that 

each time we see someone, it is 

the opportunity to share joy and 

happiness. Everyone has problems. 

If we can only lift each 

other’s load for just a moment 

by sharing happiness, much like 

these folks at that little church 

did for us through their spirit of 

love in the face of hard times. 

We came to brighten their lives 

through the message of God’s 

love through music. After seeing 

such despair along the road, it 

turned out they were the ones 

who brightened mine. 

Did you uplift or help someone 

today? 

Randall Franks is an awardwinning 

musician, singer and 

actor. He is best known for his 

role as “Officer Randy Goode” on 

TV’s “In the Heat of the Night” 

now on WGN America. His latest 

CD release, “An Appalachian 

Musical Revival,” is by www. 

shareamericafoundation.org. He is 

a member of the Atlanta Country 

Music Hall of Fame. v 

Commentary: Navigating the professional landmines of social media 

idea to post negative comments 

about other members of the legal 

profession, ABA Model Rule 8.2 

specifically prohibits a lawyer 

from making a statement the 

lawyer knows to be false or with 

reckless disregard as to its truth 

or falsity concerning the qualifications 

or integrity of a judge 

or a magistrate, or of a candidate 

for appointment to judicial or 

legal office. 

DO include a disclaimer. 

When blogging about legal 

issues, it often is a good idea to 

include a disclaimer stating that 

any posts made by attorneys do 

not constitute legal advice and 

do not create an attorney-client 

relationship. Although not 

foolproof, they can be helpful in 

establishing the parameters of 

your participation in a particular 

blog or Web site. 

DON’T communicate 

with represented parties. 

ABA Model Rule 4.2 provides 

that “a lawyer shall not 

communicate about the subject 

of the representation with a person 

the lawyer knows to be represented 

by another lawyer in 

the matter, unless the lawyers 

has the consent of the other lawyer 

or is authorized by law to do 

so or by a court order.” 

Be careful not to unwittingly 

communicate with a represented 

party by “friending” them 

or adding them to your Twitter 

network. 

DO use common sense. 

It is important to remember 

that although the use of social 

media may be relatively new 

to lawyers, the same good oldfashioned 

rules of common sense 

apply. 

Legal and ethical issues 

continue to evolve in the face 

of increased use of social media. 

As a result, in-house counsel 

should be aware of the potential 

for conflict created by the 

social web and institute policies 

that address ongoing use within 

their organization. v 

Look to our Web site for editorial content, public notices and 

valuable real estate information! 

www.hamiltoncountyherald.com


New NGA chair unveils college completion initiative 

West Virginia Gov. Joe 

Manchin III officially became 

chair of the National Governors 

Association (NGA) during the 

closing plenary session of the 

recent NGA Annual Meeting. 

Nebraska Gov. Dave Heineman 

was named NGA Vice Chair. 

Manchin announced his 

chair’s initiative, Complete 

to Compete, which focuses on 

increasing the number of students 

in the United States who 

complete college degrees and 

certificates, and improving the 

productivity of the country’s 

higher education institutions. 

“The nation has fallen from 

first to twelfth in the world in 

the number of students who 

The American Bar 

Association Tort Trial & 

Insurance Practice Section will 

honor Dan B. Dobbs of Tucson, 

Ariz., with the Robert B. McKay 

Law Professor Award, which was 

created to honor attorneys committed 

to the advancement of 

justice, scholarship and the legal 

profession, as demonstrated by 

their contributions to the fields 

of tort and insurance law. 

The award will be presented 

to Dobbs August 8 at San 

Francisco City Hall, during the 

complete degrees. Now we’re 

faced with a generation of 

students that is projected to 

have lower educational attainment 

than their parents,” said 

Manchin. 

“This slide continues 

at a time when the economy 

demands more educated workers, 

and Americans increasingly 

look to higher education as the 

path to economic success,” continued 

Manchin. “My initiative 

will bring together governors, 

higher education executive officers, 

campus leaders and corporate 

CEOs to make marked 

improvements in college completion 

and productivity, and 

get our country back on track to 

ABA honors Dan Dobbs with Robert B. McKay Law Professor Award 

section’s Leadership and Awards 

Dinner of the 2010 ABA Annual 

Meeting. 

“Dan is extremely deserving 

of this honor for his contributions 

and service in academia 

and the fields of tort and insurance 

law. He had dedicated his 

career to education and scholarship, 

and we are honored to 

present him with this prestigious 

award,” said Section Chair John 

Tarpley of Nashville, Tenn. 

Dobbs is a Regents & 

Rosentiel Distinguished 

produce a successful workforce 

for the future.” 

In addition to raising 

awareness about the need to 

increase college completion 

and productivity, Complete to 

Compete aims to create a set of 

common higher education completion 

and productivity measures 

that governors and higher 

education leaders can utilize to 

monitor state progress and compare 

performance to other states 

and between institutions. A 

report, Complete to Compete: 

Common College Completion 

Metrics, was released during the 

session. It will be followed in 

the coming weeks by a technical 

guide for states. 

Professor Emeritus of Law at 

the University of Arizona James 

E. Rogers College of Law. He 

was named a Rosentiel Professor 

of Law in 1978, and in 1992 

became a regents professor, the 

university’s highest academic 

distinction. Over the course of 

his career, Dobbs was a visiting 

professor of law at the 

University of Arizona College 

of Law (1974), the University 

of Virginia School of Law 

(1968 to 1969); Cornell Law 

School (1968 to 1969); and the 

University of Minnesota Law 

School (1966 to 1967). He was 

a visiting assistant professor at 

the University of Texas School 

of Law in 1962. Between 1961 

and 1977, Dobbs held a number 

of positions at the University of 

North Carolina, where he was 

named the Aubrey L. Brooks 

Professor. 

He was admitted to practice 

in Arkansas in 1956 and 

he practiced at the law firm 

of Dobbs, Pryor & Dobbs in 

Fort Smith, Ark., until 1960. In 

The initiative will also: 

• develop a series of best 

practices and a list of policy 

actions governors can take to 

achieve increased college completion; 

• provide support to states 

to design policies and programs 

that increase college completion 

and improve higher education 

productivity and serve as 

models for other states around 

the country; and 

• hold a learning institute 

for governors' senior advisors 

in education, workforce and 

economic development focusing 

on successful state strategies 

to graduate more students and 

meet workforce demands. 

1958, he served as a law clerk for 

Judge John E. Nfiller in the U.S. 

District Court for the Western 

District of Arkansas. 

Dobbs earned his Doctor 

of Juridical Science in 1966 

and his Master of Laws in 1960 

from the University of Illinois. 

He earned both his Bachelor of 

Laws and his Bachelor of Arts 

in 1956 from the University of 

Arkansas. 

He has authored and coauthored 

a number of leading 

publications including Torts 

and Compensation: Personal 

Accountability and Social 

Responsibility for Injury; Cases 

and Materials on Advanced 

Torts: Economic and Dignitary 

Torts – Business, Commercial 

and Intangible Harms; The Law 

of Torts; The Law of Remedies: 

Damages, Equity, Restitution; 

and Problems in Remedies: 

Damages–Equity–Restitution. 

Dobbs has delivered presentations 

to many judge, lawyer, 

faculty and student groups, and 

was an invited commencement 

Also during the closing plenary 

session, attendees heard 

about the deficit and U.S. outstanding 

debt challenges facing 

the nation, as well as the charge 

the president gave to former 

Senator Alan K. Simpson and 

Erskine Bowles, co-chairs of the 

National Commission on Fiscal 

Responsibility. 

The session closed with 

governors hearing final thoughts 

on NGA committee reports and 

considering proposed NGA policies. 

The nation's governors 

will reconvene in Washington, 

D.C., February 26-28 for the 

2011 NGA Winter Meeting. 

Source: NGA v 

Robert Walsh honored with Kutak Award by American Bar Association 

Robert K. Walsh, professor 

and dean emeritus at Wake 

Forest University School of Law, 

is this year’s recipient of the 

Robert J. Kutak Award from 

the American Bar Association 

Section of Legal Education and 

Admissions to the Bar. 

The Kutak Award is presented 

annually to an individual who 

has contributed significantly to 

increasing cooperation between 

legal education, the practicing 

bar and the judiciary. It will be 

presented to Walsh Aug. 6 at 

the Hotel Nikko during a reception 

of the 2010 ABA Annual 

Meeting in San Francisco. 

“Prof. Robert Walsh is an 

example to us all – a leader in 

education, the courts and ethics. 

He is most deserving of this 

award that captures the spirit of 

Bob Kutak, who led by example 

and helped shape ethics and 

legal education. We are proud 

to honor Bob Walsh and take 

this time to reflect on his many 

contributions to legal education 

and the profession,” said Jerome 

C. Hafter, Jackson, Miss., chair 

of the section, in announcing 

Walsh’s selection. “Bob Walsh 

has truly set a fine example, and 

we celebrate his many accomplishments 

and the work he 

has done for the section and 

American legal education.” 

The award was named in 

honor of Robert Kutak, a longtime 

leader in the ABA, who 

served on the council of the 

Section of Legal Education 

and was chair of the Section 

of Individual Rights and 

Responsibilities. Kutak was the 

driving force behind the ABA 

Commission on Evaluation of 

Professional Standards, the body 

that produced new ethical rules 

adopted by the association in 

1983. 

A long-time advocate of 

including law schools in the Inns 

of Court, Walsh has made it a 

priority to encourage law school 

deans, faculty and students to 

embrace the organization’s pursuit 

of legal excellence, civility, 

ethics and professionalism. 

Under his leadership, Inns 

of Court membership has grown 

significantly, and during his term 

as president, the organization 

developed a series of practice 

skills videos entitled Visions of 

Excellence, which were distributed 

to every law school in 

the country. One of the few 

non-judges to serve as Inns of 

Court president, Walsh was also 

recently elected as honorary academic 

bencher of the Honorable 

Society of the Inner Temple, 

one of the four Inns of Court in 

London, an honor that is rarely 

bestowed outside the United 

Kingdom. 

Walsh served as dean of 

Wake Forest University School 

of Law from 1989 to 2007. 

During his career he practiced 

law in Los Angeles and Little 

Rock, Ark., served as dean of 

the University of Arkansas at 

Little Rock School of Law and 

taught at Villanova University 

School of Law. He was recently 

appointed by Chief Justice John 

Roberts to a five-year term on 

the board of the Federal Judicial 

Center Foundation. 

For the ABA Section of 

Legal Education and Admissions 

to the Bar, Walsh served as 

chair from 1999 to 2000, providing 

leadership for the section’s 

accreditation and standards 

review committees, among 

his responsibilities. During his 

time on the Standards Review 

Committee, he oversaw the first 

comprehensive review of the 

standards in 20 years. He also 

served on the board of trustees 

of the National Association 

of Law Placement Foundation 

and the ABA Central European 

and Eurasian Initiative Advisory 

Council, and was vice president 

of the North Carolina 

Bar Association, where he also 

served as member of its board of 

governors. 

Created in 1893, the ABA 

Section of Legal Education and 

Admissions to the Bar advances 

effective legal education to serve 

society, the legal profession, law 

students, and legal academia by 

supporting legal education through 

a wide range of resources and activities. 

To ensure effective legal education, 

the section provides a fair 

and efficient law school accreditation 

system. The section’s Council 

and Accreditation Committee are 

identified by the U.S. Department 

of Education as the nationally 

recognized accrediting agency for 

professional schools of law in the 

United States. 

Source: ABA v 

speaker at the University of 

Arizona College of Law. He is 

a past chair of the Association 

of American Law Schools’ torts 

and remedies sections, and continues 

to be an active member of 

the American Law Institute. 

His work has been cited in 

thousands of U.S. court cases, 

including nearly 100 Supreme 

Court of the United States 

opinions. His contributions to 

the international community 

include work as an American 

participant in the European 

Group on Tort Law, which is 

the group responsible for harmonizing 

the tort law of the countries 

in the European Union. 

The Robert B. McKay Law 

Professor Award is named in 

honor of Robert B. McKay, a 

professor at New York University 

Law School who devoted himself 

to the profession and led by 

example. He served a number 

of roles within the ABA including 

chair of the Section of Legal 

Education and Admissions to the 

Bar, chair of the ABA Action 

Commission to Improve the 

Tort Liability System, member 

of the ABA Board of Governors, 

and chair of other numerous 

association programs and projects. 

The McKay Commission 

was named in his honor and 

completed work on professional 

disciplinary enforcement after 

his death in 1990. McKay was 

well known and respected for his 

commitment to public service, 

including chairing the commission 

that studied the uprising at 

Attica prison. 

Source: ABA v


ACLU seeks records about FBI collection of racial and ethnic data 

The American Civil 

Liberties Union of Tennessee 

has asked the FBI to turn over 

records related to the agency’s 

collection and use of race and 

ethnicity data in local communities. 

According to a 2008 

FBI operations guide, FBI agents 

have the authority to collect 

information about and map socalled 

“ethnic-oriented” businesses, 

behaviors, lifestyle characteristics 

and cultural traditions 

in communities with concentrated 

ethnic populations. 

While some racial and 

ethnic data collection by some 

agencies might be helpful in 

lessening discrimination, the 

FBI’s attempt to collect and 

map demographic data using 

race-based criteria for target- 

Welch Continued from page 1 

Since it’s Monday, Welch 

will also be running a feature 

he shot at a nearby winery. 

With a canvas as diverse as 

Chattanooga, Welch has plenty 

of fodder for good features, but 

if one thing is the bait that 

lures him toward a story, it’s 

curiosity. 

“If I see some old guy whittling, 

I want to know why he’s 

whittling, how he whittles and 

what he whittles with,” he says. 

Welch had also prepped a 

piece on the ten catchiest songs 

in country music. As he scans 

the online article that inspired 

the segment, he pages down 

to the No. 5 tune on the list, 

scrunches up his nose, and says, 

“I hate that song!” 

A Dayton, Tenn., native, 

Welch’s ability to attract viewers 

and hold on to them is one 

of the things that landed him a 

job at Channel 9 in 1975. He 

was doing weather at Channel 

3 when the station brought on 

him, Don Pattersonand Bob 

Johnson to handle the evening 

news. At the time, the station 

was No. 3 in the ratings, with an 

eye on becoming No. 1. 

“The general manager said, 

‘Our research shows you guys 

are hot, so let’s have some fun.’ 

We did the happy talk format. 

If we had a death and destruction 

story, we’d play it straight, 

but the rest of the time, we did 

everything under the sun.” 

Welch and his buddies 

built an audience, and within 

six months, were at the top of 

the heap at 11 p.m. 

In 1980, Welch and 

Channel 9 parted ways, and the 

former weatherman worked as 

a pipefitter until returning to 

the station in 1983 as the host 

of “Good Morning, Don.” In 

1988, he “got a wild hair” and 

moved to Nashville, Tenn., to 

do weather at New Channel 5 

WTVF. Things went poorly. 

“That was one of those situations 

where the grass looked 

greener on the other side of the 

fence, but when I stepped over, 

it turned brown,” he says. 

When the station’s news 

director refused to give Welch 

his bi-annual clothing allowance, 

Welch quit – on the air. 

“I showed a couple of 

weather systems, and then said, 

‘When you back an old dog into 

a corner, he’s going to bite you, 

and management has backed me 

into a corner. Folks, this is the 

last time you’ll see Don Welch 

ing purposes invites unconstitutional 

racial profiling by law 

enforcement, says the ACLU. 

“In America, our justice 

system should treat all people 

fairly, regardless of the color 

of their skin, the religion they 

practice, or the size of their 

bank account. We should not 

tolerate a criminal justice system 

that is unfair to racial and 

ethnic minorities,” said Hedy 

Weinberg, executive director 

of the ACLU of Tennessee. 

“Racial profiling – using race, 

religion and ethnicity instead of 

suspicious behavior to prompt 

law enforcement or domestic 

intelligence investigations – is 

indicative of the injustice that 

unfortunately runs through our 

criminal justice system, too 

on television in Nashville.’ I 

walked over to the news desk, 

and Chris Clark said, ‘We’ll be 

right back!’ When I got home, 

my wife asked, ‘Is there anything 

you’d like to tell me?’” 

Welch, who can spin a tale 

like no one else, seems to be 

enjoying the chance to spend 

more than four minutes on a 

story. Leaning forward in his 

seat, he describes his return to 

Chattanooga to do talk radio 

at WGOW (“I grew my beard 

down to here,” he says, holding 

one hand at chest level) 

and coming home to Channel 

9 in 1992 to host the morning 

show. 

He continues, talking about 

becoming a Shriner, and the 

thrill he gets out of being a 

snare drummer for Highlander 

Pipes and Drums. 

“We were invited to participate 

in the No. 2 St. Patty’s Day 

parade in the country, which 

is in Savanna. We did well 

enough to be invited back next 

year,” he says. 

Having spoken of marching, 

he realizes the LED clock across 

the room continues its advance 

toward 12:30, so Welch returns 

to the task of preparing for his 

show. Midday new anchor 

Sarah Jennings has already 

abandoned her cubicle, which 

means Welch has less than 30 

minutes to put on make-up, 

strap on his earpiece, slip on his 

jacket and gather his guests. 

With just a few minutes 

remaining until airtime, Welch 

stands next to his set, making 

small talk with the people he’s 

assembled for the show in an 

effort to set them at ease. 

“We’re going to play TV,” 

he says. Everyone laughs, some 

nervously. 

As “This N That” begins, 

it’s as though Welch has simply 

walked a few feet and started 

a conversation with a second 

group of people. His delivery 

is professional, but has country 

boy appeal, and the show moves 

along at a nice clip. Welch 

talks about the songs that get 

stuck in the “cranial jukeboxes” 

of his viewers, and as he speaks 

with the lawyer, he makes good 

use of their 240 seconds by asking 

the right questions. 

By 1:05 p.m., Welch has 

recorded his promos for the following 

day’s show and vacated 

his set. 

Although Welch occupies 

one of just a few spots along 

often leading to disparate treatment 

of African-American, 

Middle Eastern and Latino men 

and women.” 

The FBI’s power to collect, 

use, and map racial and 

ethnic data in order to assist the 

FBI’s “domain awareness” and 

“intelligence analysis” activities 

is described in the 2008 

FBI Domestic Intelligence and 

Operations Guide (DIOG). 

The FBI released the 

DIOG in heavily redacted form 

in September 2009, but a lesscensored 

version was not made 

public until January of this year, 

in response to a lawsuit filed by 

Muslim Advocates. Although 

the DIOG has been in effect 

for more than a year and a half, 

very little information is avail- 

Channel 9’s “Hall of Fame,” 

he remains humble about his 

success. 

“People think it’s a big deal 

to be on television, but it’s just 

a job. It’s cool in the summer, 

and warm in the winter and 

sometimes I get to meet a big 

star, but I have pressures, too,” 

he says. 

Despite the tension that 

comes with pulling off a live 

television show every weekday, 

Welch comes across as relaxed 

and congenial, both on and off 

the air. His viewers might be 

surprised, then, to learn he’s 

able to the public about how 

the FBI has implemented this 

authority. 

“The FBI’s mapping of local 

communities and businesses 

based on race and ethnicity, as 

well as its ability to target communities 

for investigation based 

on supposed racial and ethnic 

behaviors, raises serious civil 

liberties concerns,” said Michael 

German, ACLU policy counsel 

and former FBI agent. “Creating 

a profile of a neighborhood for 

criminal law enforcement or 

domestic intelligence purposes 

based on the ethnic makeup of 

the people who live there or the 

types of businesses they run is 

unfair, un-American, and will 

certainly not help stop crime.” 

ACLU affiliate offices 

notorious for voicing his opinion. 

They’ll find out soon 

enough, however, as he’s considering 

adding a segment to 

“This N That” during which he 

lets loose with his thoughts on a 

certain subject. 

“What was Lindsay Lohan 

thinking when she (went to 

court with an obscenity painted 

on her middle finger)? From 

time to time, we might do interviews 

about stuff like that, just 

to stir things up,” he says. 

Welch is a natural television 

personality, so it’s hard to 

picture him doing anything else. 

across the nation filed coordinated 

Freedom of Information 

Act requests to uncover records 

about the FBI’s collection and 

use of race and ethnicity data 

from their local FBI field offices. 

The requests were filed 

by the ACLU affiliates in 

Alabama, Arkansas, California 

(Northern, Southern and San 

Diego), Colorado, Connecticut, 

Washington, D.C., Delaware, 

Florida, Georgia, Illinois, Maine, 

Maryland, Massachusetts, 

Michigan, Minnesota, Nevada, 

New Jersey, New Mexico, 

New York, Ohio, Oregon, 

Pennsylvania, Rhode Island, 

South Carolina, South Dakota, 

Tennessee, Texas, Utah, 

Vermont and Virginia. 

Source: ACLU v 

Of course, if he has his way, 

he’ll be doing it for a long time 

to come. 

“Since I’m 68, someone 

is always asking me when I’m 

going to retire. And I always 

say, ‘When they carry me out.’” 

As long as Welch continues 

to warm the tall chair on his set, 

12:30 will be a special part of 

each weekday in Chattanooga. 

Like a spot of sunshine poking 

through cloud cover, Welch 

gives people a chance to set 

aside their own pressures, and 

enjoy a little of this and a little 

of that. v


Historic planner maintains integrity and character of neighborhoods 


The buildings and neighborhoods 

that make up Chattanooga 

tell two different stories. One is 

about the extraordinary renovation 

of the city in recent decades, 

evident along the scenic waterfront, 

throughout the revitalized 

downtown area, and in communities 

that have embraced a modern 

aesthetic. The other is about 

the rich history of the city, seen 

in the long-standing, traditional 

structures that line its streets. 

Together, the stories tell 

about where Chattanooga began, 

and how far it has come. If 

Chattanooga were to lose its rich 

historical character, the renewal 

of the city would hold less value 

than it does today. 

Jenny Shugart, historical 

preservation planner for 

Chattanooga, would never allow 

that to happen. As the staff 

member of the historical zoning 

commission, Shugart oversees 

projects that would impact the 

nature of the city’s four historical 

neighborhoods: Battery Place, 

Ferger Place, Fort Wood and St. 

Elmo. In other words, she tells 

homeowners what they can and 

cannot do to the outside of their 

houses. 

“We deal with exterior work, 

so if a homeowner wants to build 

a deck, put up new siding, install 

new windows, or do a complete 

gut job, he has to come to us 

first,” Shugart says. 

Despite Shugart’s good 

intentions, homeowners are not 

always receptive to her ruling on 

a matter. 

“I’ve had people get upset 

with me. I’ve had people cuss me 

out. I let them say their piece, 

By Erica Tuggle 

Since its Chinese origin 

centuries ago, Kombucha has 

been a tea and mushroom based 

fermented beverage of a wide 

variety of broadcasted health 

benefits. Now its popularity in 

the U.S. for promoting health 

and well-being are not under 

fire, but rather, the drink is 

being questioned for its alcohol 

content. 

Kombucha came into 

question when actress Lindsay 

Lohan’s SCRAN alcohol detection 

bracelet went off, which 

she said was caused from drinking 

kombucha. The flag from 

Lohan prompted some varieties 

of raw kombucha to be pulled 

from health food stores in order 

to reevaluate their recipes and 

labeling to see if their products 

had more than the legal limit for 

a non-alcoholic beverage (0.5). 

Because raw kombucha contains 

yeast that has not been 

killed off through pasteurization, 

varying sugar content in 

kombucha can cause varying 

alcohol levels to ferment. This 

means every product can contain 

a different amount of alcohol 

based on how much sugar 

is in the product when it originally 

hits shelves, according to 

an article by Emily Fredrix of the 

Associated Press. 

Attorney Steven Jacoway 

of Patrick, Beard, Schulman & 

Jacoway, P.C. says that the standard 

alcohol content of most 

wines is 8 to 14 percent, while 

most beers have an alcohol content 

of 4 to 5 percent. Since 

The Chattanooga historical zoning commission oversees renovation projects in the city’s four historical neighborhoods, 

using guidelines the residents of the neighborhoods drew up as a basis for its decisions. The work of the 

commission and its staff member, Jenny Shugart, preserves the historical integrity of homes like this St. Elmo residence. 

(David Laprad) 

and then we try to find a solution,” 

she says. 

When searching for a resolution 

to an impasse, Shugart refers 

to the neighborhood’s guidelines. 

Each district in Chattanooga has 

its own rules, drawn up by the 

residents of the neighborhoods, 

approved by the historical zoning 

commission and made law by the 

city council. At over 100 pages, 

St. Elmo, the largest historical 

district in Chattanooga, has the 

thickest document; the guidelines 

for Battery Place, a much 

smaller district, are thinner, but 

still comprehensive. 

While the guidelines are 

law, Shugart says they contain 

“shoulds rather than shalls,” 

which gives her and a homeown- 

kombucha tea has an alcohol 

content of 0.5 percent for one 

serving, if a person consumed 

the same amount of kombucha 

tea over a short period as they 

consumed wine or beer over the 

same time period, that person’s 

blood alcohol concentration 

would be significantly less, he 

says. 

“Based upon the comparatively 

low percentage of alcohol 

in a regular 12 ounce bottle of 

kombucha tea, drinking one or 

two of these bottles over a one to 

two hour period typically should 

not present a great risk of having 

a .08 BAC or greater,” he says. 

“It is, however, difficult to give 

a hard and fast rule since BAC 

is affected by many factors such 

as a person’s weight, gender, age 

and metabolism.” 

For a first DUI offense in 

Tennessee, jail time, fines and/ 

or court costs varying between 

$350 to $1,500, driver’s license 

suspension for one year, community 

service and DUI school are 

standard punishments, he says. 

On second and third offenses, 

all these numbers increase, and 

there is a possible vehicle seizure 

or forfeiture that might come 

into play, he says. 

“Even though kombucha 

tea has relatively low alcohol 

content, there have been 

complaints made to the FDA 

about inconsistent and higher 

alcohol contents in kombucha 

drinks,” he says. “Undoubtedly, 

the increased consumption and 

popularity of this tea, combined 

with the interaction with other 

food(s) and alcoholic drinks may 

er flexibility when thinking about 

how to approach a project. 

“People think we’re strict, 

but that’s not accurate. There are 

new subdivisions in Chattanooga 

with covenants much stricter 

than our guidelines. For example, 

in St. Elmo, we don’t tell 

people which color of paint to 

use,” Shugart says. 

Instead of forcing owners to 

adhere to a strict set of codes that 

might or might not be relevant 

to their home, Shugart reviews 

projects on a case by case basis. 

“In St. Elmo, you might 

have a big Victorian sitting on 

a flat piece of land and a little 

bungalow up against the side 

of Lookout Mountain. To say 

things have to be done a cer- 

cause the consumption of kombucha 

tea to be another consideration 

in DUI arrests and 

defenses in the near future.” 

GT’s Kombucha, based out 

of California, has pulled their 

raw kombucha product off 

shelves in an effort to reevaluate 

their product and maintain the 

quality standard fans are proud 

of, says GT Dave, president and 

CEO. 

“The making of kombucha 

is a time and labor intensive process,” 

he says. “We put our heart 

and soul into the product and 

are wanting a quality product 

rather than the product returning 

the quickest to shelves.” 

In reinventing their product, 

Dave says this is a process 

they take personally. 

“The relationship our product 

has with fans is more important 

than the sake of a dollar ... 

It is important that people know 

we will not be going anywhere, 

and value their support and optimism 

through this process. This 

keeps us going and is the heart 

and soul of what we do,” he 

says. 

Even though this process of 

bringing raw kombucha back to 

the public seems like a tedious 

burden, Dave says in a way he 

is glad that this has happened, 

because it has allowed people to 

see how GT’s Kombucha began. 

In 1995, GT’s mother, 

Laraine Dave, was diagnosed 

with a highly aggressive form of 

breast cancer. A week later her 

cancer cells were found to have 

not metastasized, and the “pungent 

tasting cultured tea” she 

tain way in both cases wouldn’t 

work,” she says. 

Shugart’s objective at all 

times is the preservation of historical 

integrity, which means 

she sometimes has to say no. 

“Vinyl siding would be 

inappropriate for an old house 

because it would cover up the 

parts that make it an important 

property. You’d end up with a 

plastic box instead of a nice bungalow,” 

she says. 

More often than not, Shugart 

says she and a homeowner are 

able to reach a compromise. 

“A number of people have 

wanted to remove original windows 

and put in replacement 

windows because someone has 

told them it would be more effi- 

was drinking was part of the reason 

why, he says. Dave started 

making kombucha in the kitchen 

of his parent’s house to help 

his mother with the treatment of 

her breast cancer. Fifteen years 

later, from hand-delivering his 

just-bottled kombucha to local 

health food stores, the company 

now makes 17 different varieties 

of kombucha that are available 

country wide. 

Kristy Kanzig, the community 

relations manager for Earth 

Fare grocery, says the local Buchi 

brand that Earth Fare currently 

offers is very similar to other 

kombucha drinks. All of these 

drinks have a vinegar based taste 

and boast health benefits such as 

beneficial probiotics, live active 

cient. I let them know they can 

do interior or exterior storm windows, 

which are less expensive 

and provide the same benefit,” 

she says. 

Preserving the historical 

character of a city generates 

more than sentimental and visual 

value. According to Shugart, 

it also helps to raise property 

values and attract tourists. 

“Protecting these neighborhoods 

can stabilize or increase 

their property values. It’s also an 

important source of revenue, as 

heritage tourism is a huge industry. 

It’s a source of employment, 

too, although it’s getting hard to 

find people who can do that kind 

of work,” she says. 

Shugart says she hopes people 

who live in Chattanooga will 

visit its historical neighborhoods 

so they can see firsthand the 

work the residents have put into 

preserving them. 

“If you get a chance to walk 

through these neighborhoods, do 

it. St. Elmo has changed so 

much. It’s got a wonderful mix of 

young people who just moved in, 

right out of college and people 

who have lived there their entire 

lives,” she says. 

Shugart also hopes people 

will come to appreciate what 

the historical zoning commission 

does for the city. 

“I look at this job and our 

commission as resources. We’re 

free to the people living in these 

neighborhoods. They can ask us 

to look at something they want 

to do, and it doesn’t cost them a 

thing. We’re not here to say no; 

we’re here to help people find 

a solution that works for them 

and fits within the guidelines 

under which they are living,” 

she says. v 

Kombucha alcohol evaluation illuminates company commitments 

Kombucha tea is a vinegary tasting beverage popular for its health benefits 

provided by the enzymes and probiotics it contains. The evaluation of the 

tea due of concerns of high alcohol content is a process GT’s Kombucha is 

now undergoing in order to make sure when the product returns to shelves 

it is compliant with less than 0.5 percent of alcohol per bottle for a 

non-alcoholic labeling and remains true to the taste consumers enjoy. 

(photo provided) 

enzymes, polyphenols that fight 

off free-radicals and organic 

acids that help promote tissue 

and blood alkalinity, she says. 

The Buchi brand currently 

offered at Earth Fare is an 

unpasteurized, live kombucha 

tea beverage, and contains trace 

amounts of alcohol according to 

its package. According to Buchi’s 

Web page, their kombucha formula 

converts the alcohol into 

acetic acid in the drink, resulting 

in less than half a percent of 

alcohol content. While there is 

no timeline yet for when other 

varieties will become available, 

Kanzig says, Buchi is offered in all 

19 of Earth Fare’s store locations, 

including the Chattanooga location 

on Gunbarrel Road. v

HCH August 6 2010 Legal - Chattanooga Bar Association

Create successful ePaper yourself

Delete template?

Save as template?