Stay current with legal news in Tennessee. This page features the latest news for and about the Tennessee legal community, either produced by the Tennessee Bar Association or collected from news sources.
State Rep. Curry Todd, R-Collierville, pleaded guilty today to DUI and gun-possession charges stemming from a 2011 traffic stop in Nashville, the Memphis Commercial Appeal reports. Todd wills serve 40 hours in jail and perform 24 hours of community service. He was also fined $350 and lost his right to carry his gun during a year of probation, among other terms of his conviction.
Tennessee attorneys who generously gave their time and talents in service to others will be recognized this Saturday at the TBA Public Service Luncheon. The event is the centerpiece of this weekend's TBA Leadership Conference, and will feature former FCC Commissioner Deborah Tate as keynote speaker. Honored at the event will be Harris Gilbert Pro Bono Volunteers of the Year Phillip Cramer, Bill Harbison, Elliott Ozment and John Farringer; Ashley T. Wiltshire Public Service Attorney of the Year Jean Crowe; and Law Student Volunteer of the Year Chris Martin. Also meeting this weekend are the TBA House of Delegates, the TBA Board of Governors and a number of TBA committees, sections and divisions.
In honor of Martin Luther King Jr. and the National Day of Service, Nashville is holding its first-ever Day of Service Volunteer Fair Satruday at the Center for Nonprofit Management. From 10 a.m. to noon, attendees will have a chance to learn about volunteer opportunities available throughout the year with about 40 nonprofit organizations in Nashville.
Law professor and civil rights advocate Michelle Alexander will be the keynote speaker during Vanderbilt University’s MLK Weekend of Service. Author of the best-selling book “The New Jim Crow: Mass Incarceration in the Age of Colorblindness,” Alexander will be speaking at 7 p.m. Monday in Langford Auditorium. A limited number of free tickets are still available at the Sarratt Box Office. Alexander will speak again Tuesday at the University of Tennessee in Knoxville in Cox Auditorium in the Alumni Memorial Building at 7:30 p.m. Her lecture is sponsored by UT’s African Studies program and co-sponsored by several university departments and programs, including the College of Law.
As the ranking Republican on the Senate Rules and Administration Committee, Lamar Alexander will give a short speech from the inaugural platform before President Barack Obama is sworn in to a second term, the Jackson Sun reports. After his speech, Alexander will introduce Supreme Court Justice Sonia Sotomayor who will swear in Joe Biden as vice president. He invited the choir from Lee University in Cleveland to sing from the inaugural viewing area for an hour before the event.
For the fourth consecutive year, Baker, Donelson, Bearman, Caldwell & Berkowitz PC was named to Fortune magazine’s “100 Best Companies to Work For” list, jumping from 54th to 45th. The firm is listed as the highest-ranking company from Tennessee and one of only five law firms nationally. See the full ranking.
Yale University was met with both applause and skepticism when it announced in July it would offer the first-ever Ph.D. in law, however it is now clear that there is a great demand for a program of its kind. The National Law Journal reports that Yale has received 82 applications for the first five spots in the program designed to prepare lawyers to be legal scholars and professors. Dean Robert Post stated there was a great deal of variety in applicants, with some fresh from law school and others who have been practicing for 30 years. The three-year program is shorter than a typical doctorate, and requires students to write a dissertation, sit for qualifying exams, takes classes on teaching, and teach two courses.
Audio recordings from cases in Tennessee appellate courts will be available online starting this spring, and some attorneys and judges are upset. They say that easy access to sensitive information from oral arguments could produce privacy issues since there is no exception for juveniles or families going through personal divorce proceedings. Judge Frank Clement of the Court of Appeals wrote a three-page letter to the Supreme Court expressing his concerns. The Court told Nashville’s News 2 that the intent was to continue to promote the transparency and openness of the courts. “We do recognize a concern for possible misuse of the audio files and are developing measures to mitigate possible misuse of the proposed system."
Today's Judicial Nominating Commission meeting scheduled to interview candidates for the Chancery Court vacancy in the 8th Judicial District has been cancelled due to inclement weather. It will be rescheduled at a later date.
The TBA Mentoring Task Force has worked intensively to find all attorney-mentoring programs in Tennessee and compile a list to assist lawyers in locating a mentor. This information is on the TBA’s web site so that members can now access this information at any time. The list of mentoring programs has been divided by Judicial Districts and counties within those districts for ease of reference.
AEGIS SCIENCES CORPORATION v. LOU ANN ZELENIK, ET AL. With dissenting opinion.
Court: TN Court of Appeals
Attorneys:
Joel T. Galanter and Tricia T. Olson, Nashville, Tennessee, for the appellant, Aegis Sciences Corporation.
Richard E. Spicer and Brent S. Usery, Nashville, Tennessee, and Robert E. Lee Davies, Franklin, Tennessee, for the appellees, Lou Ann Zelenik, Lou Ann for Congress and Jay Heine.
Judge: FARMER
The trial court awarded summary judgment to Defendants in this action for defamation, civil conspiracy, and violation of the Tennessee Consumer Protection Act. Plaintiff appeals the award of summary judgment on its claims for defamation and civil conspiracy. We affirm.
JOSHUA COOPER ET AL. v. LOGISTICS INSIGHT CORP. ET AL. With dissenting opinion
Court: TN Supreme Court
Attorneys:
Scott Carey and Mark Baugh, Nashville, Tennessee, for the appellants, ProLogistics, Inc., Logistics Insight Corp., and Joe Murray.
Daniel C. Todd, Nashville, Tennessee, for the appellees, MasterStaff, Inc. and Discover RE.
Judge: HOLDER
An employee was injured at work as a result of the actions of a third-party tortfeasor. The employee suffered permanent injuries that required future medical care. The injured employee filed a claim for workers’ compensation benefits and filed a lawsuit against the third-party tortfeasor. The employer intervened in the lawsuit pursuant to Tennessee Code Annotated section 50-6-112 (2008) to protect its subrogation lien against any recovery from the third-party tortfeasor. The employee settled the lawsuit with the third-party tortfeasor and voluntarily dismissed the case. The employer requested that the case be set for trial, claiming that it was entitled to a lien against the settlement proceeds for the cost of future medical benefits that may be paid on behalf of the injured employee. We hold that the employer’s subrogation lien provided by Tennessee Code Annotated section 50-6-112 does not include the cost of future medical benefits that may be provided to an injured employee.
Legendary deputy clerk of the Supreme Court Francis Lorson was buried this morning at the Catholic Church for the Immaculate Conception in Washington D.C. He died on Friday at 69. Five justices, dozens of court staff members and practitioners attended the service. Lorson retired in 2002 after more than three decades of service.
In response to President Barack Obama’s 23 executive orders regarding gun violence prevention, Congressional hopeful and State Rep. Joe Carr is introducing a bill that would ensure any new gun restrictions handed down from Washington, D.C would not be enforceable in Tennessee, the Nashville City Paper reports. Carr’s proposal, House Bill 42, would slap federal officials with a Class A misdemeanor for enforcing the new federal gun laws, executive orders, rules or regulations. Under the bill, state troopers would have the authority to arrest federal officers.
Leaders of the renowned Nashville Civil Rights Movement of the 1960s recalled their work and the lessons learned during a tribute to the Rev. Martin Luther King Jr. hosted today in Nashville by the Waller law firm.
Chattanooga attorney Pamela O’Dwyer knew since the age of five that she wanted to follow in her mother’s footsteps and become a lawyer. She attended the University of Tennessee College of Law and was sworn in to the Supreme Court of Tennessee at the age of 21. In a bid to find an area of law on which her mother hadn’t already made her mark, O’Dwyer turned to railroad work when a case fell into her lap regarding a family who wanted lights and gates put up at a crossing in order to save lives. The owner of the private crossing refused, so O’Dwyer argued the case to the Supreme Court. Read more of the story in the Hamilton County Herald.
Fabian Farrall Story, executive director of Conservatives on the Move, was indicted by a Washington County grand jury on one count of theft over $10,000 for raising approximately $30,000 for a 2011 Republican presidential campaign forum that never occurred, the Johnson City Press reports. According to Tennessee Bureau of Investigation, Story withdrew the money from the a Washington County bank but never held the event or refunded the donors.
Wayne Medical Center, a hospital under the Maury Regional Medical Center umbrella, has agreed to pay $883,451 to the U.S. government to settle False Claims Act allegations self-reported by the hospital regarding the billing for ambulance transport as part of its emergency medical services. By reporting the allegations, Wayne Medical Center potentially saved itself thousands of dollars in fines, in addition to a costly investigation. The Nashville Business Journal has the story.
Minnesotta prosecutor Todd B. Jones will be nominated by President Barack Obama as the next director of the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), WKRN News Channel 2 reports. Jones has been serving as the agency’s acting head for more than a year. Obama said yesterday that Congress should approve Jones for the job since they haven’t confirmed a director in six years. Jones has not issued a response, as he was instructed not to speak with reporters until he is formally confirmed.
