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.
On Aug. 31, the Tennessee Supreme Court suspended 145 lawyers for failing to comply with mandatory continuing legal education requirements in 2011. Attorneys who since have complied with the rule are noted as reinstated. See the list
There are many immigrant attorneys in the U.S. like myself. After almost 12 years of law practice with private law firms in both D.C. and Nashville, I have recently started my law firm and focus, in part, on immigration matters. As I write this, I am still feeling the joy of my very own recently filed application for U.S. citizenship. This is an important milestone in my life and a good time to share my own immigration journey.
Early years
My father was a student at Brigham Young University from 1978-80 in Provo, Utah while on leave from the Government of Pakistan. My mother, two sisters and I enjoyed those two years in Provo immensely, and my earliest childhood memories are from those years. I discovered much later that my father was on a J-1 visa, an exchange visitor agreement between the U.S. and Pakistan governments.
College Years
In 1993, I was accepted to the University of Rochester. At that time, U.S.-Pakistan relations were good; therefore, it was easy to obtain a visa. I remember getting stamped for an F-1 student visa the same day as I had my interview at the U.S. consulate in Karachi.
I finished my studies in December 1996 with a double major in Economics and Political Science, and a minor in legal studies. After taking the LSAT and finishing my law school applications, I headed back to Pakistan in the winter of 1996. While back in Pakistan, I got accepted into George Washington Law School in Washington, D.C. It was an honor and privilege to be studying law in the capital of the United States. In May 1997, I returned to Rochester to attend my graduation though because my F-1 visa was no longer valid, I traveled on a tourist visa.
Canadian Permanent Residence
Between college and starting law school, I was sponsored by my aunt, who lived in Canada, for Canadian Permanent Residence. I spent a month in Canada prior to arriving in D.C. for law school. At that time, Canadian Permanent Residents did not need visas to enter the U.S.; therefore, all I needed was the I-20 form from George Washington Law School and my Canadian Permanent Resident Card. My travel to and from the U.S. was greatly facilitated by the Canadian PR card.
Law School
During law school, I used part of my 1 year optional practical training (OPT) for summer jobs. My first summer job was working for the Office of Corporation Counsel as an unpaid intern; thus, I did not need special authorization. However, the next summer I worked in a full-time paid position with the D.C. based firm of Ashcraft & Gerel.
During my job search for post-law school employment, some employers, including federal and state governments, were not an option because of my immigration status. Private employers would have to sponsor me for an H1B visa. I had to teach myself about H1B visas so that I could intelligently discuss with employers what they would have to do if they wanted to hire me. Those conversations were always stressful. I noticed that most employers were not enthusiastic about getting involved in this process. They feared legal costs and perhaps the uncertainty of whether I would be able to work legally in the U.S.
Attorney at Law!
I graduated from law school in 2000 and passed the New York Bar. I took an offer from Ashcraft & Gerel and spent 7 wonderful years at that firm. They did not hesitate to complete the H1B paperwork for me. The process was simple enough, being a combination of proving that I had the education and experience required for working in a full-time legal position, and the law firm having the ability to pay the prevailing wage. I stayed in the H1B for two three-year terms for a total of six years.
In 2001, Ashcraft & Gerel applied for permanent residence on my behalf. This process was more in depth than the H1B. The employer had to prove that they had searched for a qualified U.S. employee and not having found one, had offered me the job.
September 11, 2001
This was a horrible day. In the aftermath of 9/11, Pakistani citizens, no matter whether they were Canadian permanent residents or not, were required to have valid visa stamps in order to enter the U.S. Since I had originally relied on my Canadian Permanent Residence status to enter the U.S., I never got an H1 visa stamp.
Many people faced denials and others faced delays so long that they lost their jobs or their student enrollment offers expired while they waited for the visas to be processed. Given the security threat to the U.S., it was understandable that visa processes were delayed. Therefore, I decided that I would not visit Pakistan and risk being stuck there. This caused hardship because I missed several of my best friends’ weddings and was also unable to visit my parents.
There were major delays in the approval of the labor certification. This is the process where the D.C. Government had to certify that the employer had complied with the search for a qualified U.S. worker and was paying me a prevailing wage. The problem was that D.C. had only one officer responsible for this part unlike some other states where this process moved quicker.
Stuck in Pakistan for 8 months for H1B visa stamping
In 2004, I decided I had had enough waiting and I needed to visit my parents in Pakistan. My father was having some health issues and I wanted to be with him. I discussed my plans with Ashcraft & Gerel and told them that I could not guarantee a return by a certain date. They said not to worry, go home; so I did. Upon my return, I went straight from the airport to the U.S. Embassy and applied for an H1B visa renewal. It took eight months to receive my visa and then return to D.C. During this time, I was admitted to practice law in Pakistan, where I worked at a corporate firm and received some great international experience. My firm in D.C. was marvelous - they gave me two months paid vacation and then put me on six months of unpaid administrative leave. Afterwards, I resumed employment with them.
Green Card and Writ of Mandamus
Finally, in 2006 my labor certification was approved – a giant step towards getting my green card. Immediately after this, my I-485 was filed. My research and discussions with immigration lawyers suggested that the end was in sight and approval should take place within six months. I would finally be free to work for an employer of my choice. After seven years of doing complex civil litigation, my professional interests had changed and I wanted to experience something different. Being restricted to my H1B sponsor became frustrating. Do not get me wrong, I loved working with Ashcraft & Gerel and shall be indebted to them for my entire life for the experience and their great mentoring. But I was not ready to commit the rest of my life to the areas of law that were practiced at the firm.
However, I told myself that I could wait another year and see what happens with the I-485. After waiting a year, I decided it was time to take charge. I filed a Writ of Mandamus against the USCIS to expedite the processing of my green card – this is a device to cure undue delay experienced by applicants for immigration. Luckily it worked and within months my green card was approved!
Nashville to Syed Law Firm, PLLC!
Finally, with my green card in hand, I was ready to change jobs in the fall of 2007. I was hired by King & Ballow in their antitrust and commercial litigation practice group. There I had the opportunity to get some great experience in a variety of areas including antitrust litigation and counseling, commercial litigation, labor litigation, and intellectual property. I also got a chance to contribute articles on immigration matters in the firm’s newsletter, edited by my friend and mentor, Bruce Buchanan.
After almost four years at King and Ballow, I decided it was time to start my own law firm, and I am now the proud managing principal and founding partner of the Syed Law Firm, PLLC, where I focus on representing persons and businesses of foreign origin in legal matters. Also, I represent professionals, such as physicians and architects, small and medium businesses and non-profits.
I have a strong passion for assisting people who are trying to achieve legal status in this country. The rewards of family reunification and the opportunity of being rewarded for hard work are very well known to me. I have worked on cases involving marriage and family-based sponsorship, employment-based cases, and investor-based immigration cases. I am also proud to be the President of the Board of Tennessee Immigrant and Refugee Rights Coalition (TIRRC), a non-profit organization in Tennessee.
Citizenship
September 2012 was my five-year anniversary of becoming a permanent resident. Eligibility to apply for citizenship is tied to this date and applications can be made 90 days prior to the fifth year anniversary. I had been waiting for this moment for a very long time. Therefore, three months before the fifth anniversary, I gathered all my paperwork and supporting documents and filled out the N-400. It is a pretty straightforward document and the instructions with the form are very helpful. The most time consuming part for me was to determine with precision the dates and destinations of my trips made outside the U.S. in the past five years as I do travel quite a bit. I took this step seriously because I did not want to unintentionally leave a certain trip out and then be faulted for not being honest!!
I have now had my fingerprinting/biometrics appointment and am awaiting notification of my interview. I am hopeful that in a few months I will be a citizen!!
______________________
*Mohammad (Mo) Ali Syed is the Managing Partner and Founding Principal of the Syed Law Firm, PLLC with offices in Nashville, Washington, D.C., and New York, NY. He practices in the areas of dispute resolution, healthcare compliance and investigations, business litigation, international business and trade, and immigration. He may be reached at msyed@syedfirm.com or (615) 601-0786.
The U.S. Justice Department is urging a federal judge to ignore BP’s assertion that the Gulf Coast's natural resources are making a "robust recovery" from its massive 2010 oil spill. In a court filing Friday, government lawyers also renewed their vow to prove at trial that BP engaged in gross negligence or willful misconduct leading up to the deadly rig explosion that spawned the nation's worst offshore oil spill. WRCB TV reports that the combative language is a sign that BP and the Justice Department are not close to a settlement that would resolve the federal government's claims against the oil giant before a trial scheduled for next year.
In response to reports that Shelby County Commissioners are concerned with the cost of Juvenile Court reforms, editors at the Commercial Appeal write that the “commission should have a formal voice in what is happening with the reforms.” But “at the same time…should be a voice of flexibility and cooperation, not obstructionism.” It concludes “it would be a shame if [changes] were derailed by stubbornness over…cost.”
The Memphis Daily News reports that Shelby County District Attorney General Amy Weirich and U.S. Attorney Ed Stanton have joined forces to handle cases that cross state-federal boundaries. Weirich and Stanton talked about the partnership, which includes an anti-gang initiative and focus on gun crimes, during a program called “Behind The Headlines” on WKNO TV.
U.S. Magistrate Clifford Shirley has responded to some of the motions filed in the trial against former Knox County Criminal Court Judge Richard Baumgartner, who was indicted in May on seven charges of misprision of a felony. Shirley suggested in a written filing late last week that certain evidence against Baumgartner should be allowed in court. WBIR has more
New Circuit Court Judge Nathan Blake Pride was sworn into office on Tuesday as the first black judge to serve the 26th Judicial District. The oath was administered by Court of Criminal Appeals Judge Roger Page, who previously held the seat. Local attorney Terica Smith with West Tennessee Legal Services was on hand and called Tuesday “an historic day.” Read more and see photos of the event in the Jackson Sun.
Writing in the Knoxville News Sentinel today, columnist Greg Johnson looks at Sevier County native Gary Wade’s rise from city government to his newest position as chief justice of the Tennessee Supreme Court. He also recounts Wade’s longstanding commitment to the improvement of East Tennessee communities. A separate piece in the Mountian Times praises Wade's service and suggests that the state is in good hands while he in on the bench.
DORIS HINKLE, ET AL. v. KINDRED HOSPITAL, ET AL. With a concurring in part and dissenting in part opinion
Court: TN Court of Appeals
Attorneys:
Bede O. M. Anyanwu, Jackson, Tennessee, for the appellant, Doris Hinkle, Executrix of the estate of Muriel Jesse Hinkle deceased, and Doris Hinkle.
Heidi Anne Barcus, Hillary Browning Jones, Daniel T. Swanson, Knoxville, Tennessee, for the appellee, Dr. Tuan Quoc Nguyen; Harry Peoples Ogden, Kenny L. Saffles, Carrie C. McCutcheon, Knoxville, Tennessee, for the appellee, Kindred Hospital.
Judge: COTTRELL
The widow of a man who suffered a devastating injury while undergoing a medical procedure in the defendant hospital filed suit against the hospital and the doctor who ordered the procedure, claiming medical malpractice, failure to obtain informed consent, and battery. The defendant hospital filed a motion for summary judgment, and the defendant doctor filed a motion to dismiss, both arguing that the plaintiff’s malpractice claims had to be dismissed because she failed to strictly comply with requirements of the Medical Malpractice Act, specifically Tenn. Code Ann. § 29-26-121 (a)(1) (60-day notice) and §29-26-122(a) (certificate of good faith). The trial court granted both motions in part and denied them in part. We reverse the trial court’s dismissal of the medical malpractice claims against both defendants as well as the related claims. We also reverse the trial court’s dismissal of the claim against the defendant doctor for failure to obtain the patient’s informed consent, but we affirm its dismissal of the medical battery claim against the defendant doctor.
JEFFERY SMITH and BRENDA K. SMITH v. METHODIST HOSPITALS OF MEMPHIS, ET AL.
Court: TN Court of Appeals
Attorneys:
Lenal Anderson, Jr., Memphis, Tennessee, for the appellants, Jeffery Smith and Brenda K. Smith
Jill Steinberg, John R. Branson, Mason W. Wilson, Ormonde B. DeAllaume, Memphis, Tennessee, for the appellee, Methodist Healthcare - Memphis Hospitals
Judge: HIGHERS
This lawsuit originated as a medical malpractice action that was filed against the Hospital and other defendants in 2000. The trial court granted summary judgment in favor of the Hospital on the medical malpractice claim in 2003 because Plaintiffs had failed to come forward with competent testimony from a medical doctor regarding causation. Thereafter, Plaintiffs filed a supplemental complaint to allege that the Hospital had tortiously interfered with the Plaintiffs’ contract with a nurse expert witness. The trial court granted summary judgment in favor of the Hospital on this claim in 2010. Plaintiffs appealed. We affirm the trial court’s order granting summary judgment on the issue of tortious interference with contract, but we reverse the trial court’s order granting summary judgment on the medical malpractice claim and remand for further proceedings
ANNA PARKER, ADMINISTRATOR OF ESTATE OF WANDA FAYE DOBBS, DECEASED ET AL. v. PORTLAND NURSING & NURSING REHAB ET AL.
Court: TN Court of Appeals
Attorneys:
Deborah Truby Riordan, Little Rock, Arkansas; Cameron C. Jehl and Carey L. Acerra, Memphis, Tennessee, for the appellant, Anna Parker, Administrator of the Estate of Wanda Faye Dobbs, deceased, and on behalf of the wrongful death beneficiaries of Wanda Faye Dobbs.
Heidi A. Barcus, Jennifer Pearson Taylor, and Ian P. Hennessey, Knoxville, Tennessee, for the appellees, Portland Nursing and Rehab Center, Inc. D/b/a Highland Manor Nursing & Rehab Center, Sunbelt Health Care Centers, Inc. A/k/a Adventist Care Centers, Adventist Health System Sunbelt Healthcare Corporation, and Adventist Health System/Sunbelt, Inc.
Judge: CLEMENT
In this action, the plaintiff has attempted to assert claims for ordinary negligence and medical malpractice against nursing home defendants by filing two separate actions and then seeking to consolidate the cases or to amend the complaint to assert both types of claims in one case. The first complaint filed only asserted claims for ordinary negligence against the nursing home defendants. Sixty days after having given the statutory notice to the healthcare providers of her intent to file medical malpractice claims, the plaintiff commenced a separate action against the same nursing home defendants and an additional defendant, a physician who treated the nursing home patient, by filing a complaint for medical malpractice. Upon motions of the nursing home defendants, the trial court refused to consolidate the cases, dismissed the medical malpractice claims against the nursing home defendants upon the ground of a prior suit pending, and denied the plaintiff’s motion to amend the complaint in the first case to add claims for medical malpractice against the nursing home defendants. Having determined that the plaintiff complied with Tennessee Code Annotated § 29-26- 121(a) by giving the requisite 60 days notice to the medical providers and that the statute of limitations had not run, we have concluded that the trial court erred in denying the plaintiff’s Tennessee Rule of Civil Procedure 15.01 motion to amend the complaint. Accordingly, we reverse and remand with instructions to grant the plaintiff’s motion to amend the complaint for ordinary negligence against the nursing home defendants thus allowing the plaintiff to assert medical malpractice claims against the nursing home defendants and for further proceedings consistent with this opinion
The Tennessee Supreme Court today named Lisa Perlen as the new administrator of the Board of Law Examiners. Perlen has been with the U.S. Bankruptcy Court for the Middle District of Tennessee for 18 years. She served as Chief Deputy Clerk and has been on national court committees to determine best practices for the federal court system. Read more
The Tennessee Supreme Court has been asked to appoint a special judge to oversee a $9.9 million lawsuit filed against Sullivan County by county sheriff Wayne Anderson. All local chancery and circuit judges recused themselves. Anderson is seeking additional resources to fund the county jail and sheriff’s office as, according to him, he is charged to do by state law. On the defense side, the county attorney also has stepped aside, saying it is a conflict of interest to represent one agency of the county against another. The Times News has more
Nashville artists and members of the legal community are uniting for an evening of music, dinner, drinks and a silent auction on Sept. 13, beginning at 5:30 p.m. at 3rd and Lindsley. All proceeds will benefit the Robert L. Sullivan Scholarship at Vanderbilt Law School, which honors the late attorney’s commitment to legal aid. Learn more about the event or get tickets
Memphis lawyer Shelley Rothman-Branning was suspended on Aug. 31 for 11 months and 29 days. Of that time, 60 days are to be spent on active suspension with the remainder spent on probation. The Tennessee Supreme Court found that Rothman-Branning violated the Rules of Professional Conduct by agreeing to use previously disbursed and unclaimed funds in her firm’s trust account to pay law firm operating expenses. She voluntarily reported her actions and submitted a conditional guilty plea. She also replaced the funds and disbursed them properly, resulting in no financial loss to third persons. In addition to the suspension, the court ordered her to perform 40 hours of pro bono work. Download the BPR release
Chief Disciplinary Counsel Nancy Jones is leaving the Board of Professional Responsibility to become General Counsel at the Tennessee Department of Commerce and Insurance. Jones, who has led the BPR since 2007, will leave the organization on Sept. 30. Under Jones' leadership, the BPR investigated over 11,866 complaints against attorneys alleging professional misconduct. Almost 2,000 of those cases resulted in some form of public or private discipline of attorneys by the board, including 66 disbarments, 205 public reprimands and 173 suspensions. Read the press release from the courts.
Don't miss the September Tennessee Bar Journal, featuring two articles on arbitration. One, by Adam Eckstein, explores when Rule 31 and the Tennessee Uniform Arbitration Act meet; the second, by Shelby R. Grubbs and Glenn P. Hendrix, unveils a new international concept for arbitration services. Columnists Marlene Eskind Moses and Beth A. Townsend give you ideas for finding hidden assest in divorces, and John A. Day discusses distribution of net proceeds in wrongful death cases. Humor columnist Bill Haltom pays tribute to a queen and a princess -- Pat Summitt and the influence she has had on his daughter and many other girls. President Jackie Dixon speaks out about merit selection. You probably already have it in hand, but you can also read it online here
Memphis lawyer Michael E. Latimore was disbarred by the Tennessee Supreme Court Aug. 31. He failed to account for settlement proceeds and to make timely distribution to a third party; used the settlement funds for his personal benefit; failed to communicate with his clients; and then abandoned his practice. Download the BPR release
State Sen. Stacey Campfield, R-Knoxville, is in the middle of a four-year term but Knox County Commissioner Richard Briggs has expressed new interest in seeking his 7th Senate District seat in 2014, the News Sentinel reports. Briggs, a Repubilcan, is a cardiothoracic surgeon and retired Army colonel who has served in active and reserve units. He says he will wait until after the Nov. 6 elections before making a decision.
The Shelby County Commission's chair-elect says the county may not be willing to pay for the federally mandated overhaul of Shelby County Juvenile Court since they were not consulted sooner. "If, in fact, you expect us to help with a bunch of money, why would you not have included us in the process?" Mike Ritz said. The proposed changes, which could run into the millions of dollars, would create new positions, including full-time juvenile public defenders and a court-based disproportionate minority contact coordinator who would work to reduce the number of black youths brought to court, held in jail and transferred to adult court. DOJ staff attorneys are expected to return to Memphis this fall to work on a "comprehensive blueprint" with Juvenile Court staff, the Commercial Appeal reports.
