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.
U.S. Rep. Steve Cohen, D-Tenn., has reportedly recommended three Memphis lawyers to succeed U.S. District Judge Jon McCalla, who is taking senior status. The Memphis Flyer reports that Cohen suggested President Obama consider Sheri Lipman, counsel for the University of Memphis; Steve Mulroy, professor of law at the university and member of the Shelby County Commission; and Irma Merrill Stratton, a lawyer in private practice. The paper reports all three have successfully undergone interviews by a screening committee and vetting by the FBI.
Chattanooga lawyer David McDowell took office as president of the TBA’s Young Lawyers Division during last week's convention and announced a new pro bono public service project to educate librarians across the state about OnlineTNJustice and the Tennessee Alliance for Legal Service’s new legal information website LIFT. The goal of the project is to empower librarians with the knowledge they need to help local residents seeking legal assistance. Also taking office at the division’s annual meeting were President-Elect Stacie Winkler of Memphis, Vice President Rachel Moses of Cookeville, Secretary Troy Weston of Knoxville and Treasurer Steven King of Memphis. McDowell succeeds David Veile of Franklin.
The U.S. Supreme Court today struck down Arizona's requirement that would-be voters submit proof of citizenship, the ABA Journal reports. The majority opinion, authored by Justice Antonin Scalia, found that the law conflicted with the federal "motor voter" law, which allows individuals to register to vote without supplying proof of citizenship. The court also was unconvinced that the federal voter registration form needs to be changed to include additional information, which the state said it needed to determine a voter’s eligibility. But Scalia said the state could petition the U.S. Election Assistance Commission to alter the form and then appeal any decision not to make changes.
Justices Clarence Thomas and Samuel Alito Jr. dissented from the decision arguing that it interprets “an ambiguous federal statute in a way that brushes aside the constitutional authority of the states" since "under the Constitution, the states, not Congress, have the authority to establish the qualifications of voters in elections for members of Congress." Civil liberties groups such as the ACLU applauded the ruling saying it invalidated a burdensome requirement that restricted citizens' ability to register to vote." Writing at SCOTUSblog, however, one law professor warned the ruling should not be read too broadly as the case “involved a question of statutory construction, not a constitutional challenge."
JORDAN K. WILSON v. DAVID W. DOSSETT, AMERICAN HONDA MOTOR CO., AND FOX HEAD, INC.
Court: TN Court of Appeals
Attorneys:
Jill Jenson Thrash and Stuart Fawcett James, Chattanooga, Tennessee, for the appellant, Jordan K. Wilson.
Dallas T. Reynolds, III, Knoxville, Tennessee, for the appellee, David W. Dossett.
Judge: SWINEY
This appeal concerns a landowner’s potential liability to a person injured while riding a motorcycle on the landowner’s property. Jordan K. Wilson (“Wilson”) suffered severe injuries in a motorcycle accident on property owned by David W. Dossett (“Dossett”). Wilson sued Dossett in the Circuit Court for Campbell County (“the Trial Court”). Dossett filed a motion for summary judgment, asserting the affirmative defense for landowners under Tenn. Code Ann. § 70-7-102. The Trial Court held that Dossett was afforded protection under the statute as Wilson had been engaged in recreational activities on Dossett’s land. At a subsequent hearing, the Trial Court found that no exception to the statutory defense was applicable. Wilson appeals. We hold that Tenn. Code Ann. § 70-7-102 applies to shield Dossett from liability as Wilson was engaged in recreational activities on Dossett’s property, and that no exception to the defense is applicable. We affirm the judgment of the Trial Court.
TENNESSEE FARMERS MUTUAL INSURANCE COMPANY v. W. PHILLIP REED, ET AL.
Court: TN Court of Appeals
Attorneys:
David T. Black, Melanie E. Davis, and Andrew S. Trundle, Maryville, Tennessee, for the appellants, Rufus Everett, Delight Everett, and Lilla Farner.
John T. Johnson, Jr., and Brandon L. Morrow, Knoxville, Tennessee, for the appellee, Tennessee Farmers Mutual Insurance Company.
Judge: SWINEY
Tennessee Farmers Mutual Insurance Company (“Tennessee Farmers”) sued W. Phillip Reed, Personal Representative of the Estate of Carol LaRue; Rufus Everett; Delight Everett; and Lilla Farner seeking a declaratory judgment with regard to rights and obligations under a commercial general liability insurance policy. Tennessee Farmers filed a motion for summary judgment. After a hearing the Trial Court entered its order on June 12, 2012 granting Tennessee Farmers summary judgment after finding and holding, inter alia, that the insurance policy was not ambiguous, that the phrase “property damage” in the insurance policy did not include the type of loss allegedly suffered by the Everetts and Ms. Farner, and that the commercial general liability insurance policy provides no coverage to W. Phillip Reed as Personal Representative of the Estate of Carol LaRue for the claims filed by the Everetts and Ms. Farner. Rufus Everett, Delight Everett, and Lilla Farner (“Defendants”) appeal to this Court. We affirm.
Sevierville lawyer Cynthia Richardson Wyrick today took the oath of office to become president of the Tennessee Bar Association. Supreme Court Chief Justice Gary R. Wade adminsitered the oath during a luncheon ceremony that was part of the TBA's annual convention in Nashville. Wyrick, who clerked for Wade when he was on the Court of Criminal Appeals, praised him for his guidance in her career. "Justice Wade not only taught me about the law, but he taught me about the importance of service to the public and to our profession."
Wyrick outlined how she will carry those lessons forward in her address to the gathering. Following the theme of "Together We Make a Difference," she said her efforts will focus on service not only to the bar, but to the community as well. Under her leadership, the TBA will develop a free handbook for senior citizens to provide practical advice on issues faced by this exploding and underserved population base, and take on a number of issues of importance to the legal profession.
A panel of four attorneys told members of Congress today that one way to fix the nation's "bloated and convoluted" criminal code is to require prosecutors to prove intent, especially when it comes to regulatory violations. The Blog of Legal Times reports.
A federal judge’s finding that Tennessee officials violated the First Amendment rights of Occupy Nashville protesters raised new questions, the Tennessean writes. Will the state appeal? Will damages be decided by a jury or will both sides agree on a sum? What kind of dollar figure is in store for each of the seven Occupy plaintiffs? The plaintiffs and the state have until July 1 to come up with answers, and much of what happens going forward will depend on how Gov. Bill Haslam chooses to proceed.
Charles Tuggle of Memphis was appointed to the Judicial Nominating Commission today, Lt. Gov. Ron Ramsey, R-Blountville, announced. Tuggle will fill the vacancy left by the death of commission member Elizabeth Collins. Tuggle is executive vice president and general counsel for First Horizon National Corp. Before that, he practiced law for 30 years with the law firm of Baker, Donelson, Bearman, Caldwell & Berkowitz. The commission will cease to exist on June 30.
A story reported yesterday about Rutherford County Circuit Court Judge Royce Taylor's memo telling female attorneys to dress professionally in court didn't stop in Murfreesboro. Today, the ABA Journal and The Wall Street Journal published stories about it. “Everybody assumed the worst. It’s basically trying to get everyone to dress professionally,” Taylor told WSJ Law Blog. That means “a little bit more formal than going to the bar and grill next door.”
Forest A. Durard Jr., has been appointed by Gov. Bill Haslam as Circuit Court judge in the 17th Judicial District. Durard has been a solo practitioner in private practice since 1992 and prior to that served in the Public Defender’s Office and the District Attorney’s Office. The 17th Judicial District includes Bedford, Lincoln, Marshall and Moore counties. The vacancy was created by the retirement of the Honorable Robert Crigler, effective May 31. Durard received his law degree from Nashville School of Law in 1989. The Shelbyville Times-Gazette has more
The Judicial Nominating Commission has submitted three names to Gov. Bill Haslam for the Chancery Court vacancy in the 1st Judicial District: Gregory H. Bowers, Allen, Nelson & Bowers; John Chase Rambo, Washington County; and Regina L. Shepherd, Rice & Shepherd. The commission met today in Johnson City to hold a public hearing and conduct interviews of candidates for the vacancy in the district that serves Carter, Johnson, Unicoi and Washington counties. The vacancy is being created by the retirement of Chancellor G. Richard Johnson, effective June 30.
The Better Next Year program offered a range of opportunities to explore a healthier life, build better relationships, manage stress, and use relaxation techniques to find the balance we need at home and at the office.
This program included short rotating presentations, exhibits, and demonstrations, all designed to help lawyers increase their energy and engagement.
The 2013 TBA Annual Convention moved into full swing today, with Bench/Bar programming analyzing the future of the legal profession, followed by a luncheon keynoted by Nashville Mayor Karl Dean. In the Bench/Bar program, Professor Thomas D. Morgan of George Washington University Law School discussed his book, The Vanishing Lawyer, leading into a discussion on the future of the legal profession. Memphis attorney Bill Haltom then guided a panel discussion on the topic featuring judges and lawyers from across the state. Afternoon activities centered around the Better Next Year event. That program included short rotating presentations, exhibits, and demonstrations, all designed to help lawyers increase their energy and engagement. See photos from these events and more from the 2013 convention.
Professor Thomas D. Morgan of George Washington University Law School discussed his book, The Vanishing Lawyer, leading into a discussion on the future of the legal profession. Memphis attorney Bill Haltom then led a panel discussion on the topic featuring judges and lawyers from across the state.
The Bench/Bar Luncheon was held at War Memorial Auditorium and featured a keynote address from Nashville Mayor Karl Dean.
A unanimous Supreme Court ruled today that “naturally occurring” DNA segments cannot be patented, the Blog of the Legal Times reports. Justice Clarence Thomas wrote the opinion for the court in Association for Molecular Pathology v. Myriad Genetics, which is considered by some a victory for civil liberties and consumer groups that argued corporations should not be able to lock up the uses of new DNA that could benefit patients if widely available. The Myriad patents at issue in the case were for BRCA1 and BRCA2 gene segments which, when mutated, can increase the risk for breast and ovarian cancer. Myriad developed diagnostic tests from the segments that could reveal cancer risk in women.
Of the 350 largest law firms in the country ranked by the National Law Journal NLJ350, Constangy Brooks and Smith was one of 15 firms profiled that entered, or rejoined, the list this year. Ranked at number 264 with 148 lawyers, the Atlanta-based firm has an office in Nashville.
U.S. District Judge Beryl Howell struck down the 64-year-old law that prohibits demonstrations and displays on the grounds of the U.S Supreme Court, the National Law Journal reports. “The absolute prohibition on expressive activity in the statute is unreasonable, substantially overbroad, and irreconcilable with the First Amendment,” Howell wrote in the 68-page ruling issued in the case Hodge v. Talkin. If the government appeals the decision, Tuesday's ruling could set the stage for the Supreme Court's first review of the no-protest law in 30 years.
Diversity may be a priority for some law schools, but minority law students still face a harder road to a juris doctor than their white counterparts, according to an article in the latest edition of the Berkeley Journal of African-American Law & Policy. "Measuring Racial Uneveness of Law School" concludes that minority law students face additional hurdles as a result of the structure of law school, the relatively small number of minority students and faculty on law campuses, and racial bias. The National Law Journal has the story.
U.S. District Judge Aleta Trauger has ruled that state officials violated the First Amendment rights of Occupy Nashville protesters who were arrested in 2011, the Nashville Business Journal reports. Trauger awarded monetary damages to the plaintiffs, including seven arrested protesters, though the amount will be determined at a later date. A spokesperson for the Haslam administration told The City Paper that the ruling "is being reviewed."
