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.
Federal rules that require graphic warning images on cigarette packages were struck down today in the U.S. Court of Appeals for the District of Columbia, on the basis that the mandates violate corporate speech rights, ABAJournal.com reports. Writing for the majority, Judge Janice Rogers Brown found in favor of R. J. Reynolds Tobacco Company, saying that the case raises “novel questions” about what the government can require in commercial disclosures.
Three candidates were chosen today for the 30th Judicial District Criminal Court vacancy when the Judicial Nominating Commission met in Memphis. They are:
• John W. Campbell, deputy district attorney general, 30th Judicial District;
• Dean Thomas DeCandia, special assistant U.S. attorney, Western District of Tennessee; and
• Lawrence J. Laurenzi, federal prosecutor, Western District of Tennessee.
The vacancy was created by the appointment of Criminal Court Judge John T. Fowlkes Jr. as U.S. District Court judge for Western Tennessee. The list of three candidates, who are all of Memphis, now goes to Gov. Bill Haslam for a decision. The Administrative Office of the Courts has more
There will be an Oct. 1 deadline to apply for the recently created Washington County Sessions Court judgeship, and the application should be ready for distribution Aug. 27, according to Legal Services Committee Chairman Doyle Cloyd. The position is intended to ease the growing case load on the two current judges, James Nidiffer and Robert Lincoln. Read more in the Johnson City Press
Legal Aid of East Tennessee has partnered with BlueCross BlueShield of Tennessee and the law firm Miller & Martin to offer a free legal advice clinic on Sept.13, at 2 p.m., at the downtown office of BlueCross Blueshield, 1 Cameron Hill Circle, Chattanooga 37402. Individuals interested in meeting with a lawyer for free legal advice at this clinic should call Legal Aid of East Tennessee at 423 756-4013.
Revisions to the University of Tennessee student conduct rules has sparked concern among some legislators who questioned rules banning guns and most knives with blades three inches or longer. The revamped rules also add some new provisions, such as a prohibition on surreptitiously recording another student when he or she has a "reasonable expectation of privacy." Under state law, the legislature must sign off on all new rules promulgated by state agencies. The Government Operations Committee this week gave its OK, but the rules will go before the full general assembly early next year, the News Sentinel reports.
State Sen. Jim Summerville, R-Dickson, doesn’t “give a rat’s ass what the black caucus thinks.” That is what he told Memphis state Rep. Barbara Cooper via email Wednesday in response to her report from the Tennessee Black Caucus of State Legislators criticising the probe of a state university for changing students’ grades. Response was swift on Thursday, TNReport says, when Senate Education Committee Chairwoman Dolores Gresham stripped Summerville of his chairmanship on the Higher Education Subcommittee. On Friday, Summerville resigned from the Senate Education Committee, the Commercial Appeal reports and Sen. Jim Tracy, R-Shelbyville, said Friday that he has been asked to take over as chairman of the subcommittee, the Tennessean reports in its In Session blog.
Knoxville defense attorneys Tom Dillard and Stephen Ross Johnson are asking the U.S. Supreme Court to hear an appeal on behalf of their client, George Thomas, to decide whether former Knox County Criminal Court Judge Richard Baumgartner was able at the time to deliver a constitutionally sound trial. Thomas is one of four defendants convicted in the January 2007 Christian-Newsom torture-slayings. The Tennessee Supreme Court has ruled that Baumgartner's misdeeds are not cause for new trials in the case, rejecting the defendants' claim of "structural" or constitutional error. Thomas believes the state high court was wrong to reject the "structural error" argument and is asking the nation's top court to weigh in. The News Sentinel has more
Murfreesboro lawyer Derek A. Artrip was reinstated to the practice of law on Aug. 16 subject to several conditions. The Supreme Court directed him to comply with Tennessee Supreme Court Rule 9, Section 18; engage a practice monitor; continue group therapy sessions with the Tennessee Lawyers Assistance Program; and pay the costs of the disciplinary proceeding. Artrip was suspended in July for failing to respond to a complaint of misconduct. He petitioned for reinstatement after submitting a response. Download the BPR notice
University of Tennessee College of Law’s Moot Court Board will host the state Supreme Court on Sept. 4 for a series of special events. Chief Justice Gary Wade will open the program at noon, followed by a court session at 2 p.m., during which it will hear several cases, including a wills and estate case originating from the Knox County Chancery Court and an aggravated kidnapping case. Read more in the school’s weekly newsletter The Informant
A delegation from the White House and several federal agencies is in Memphis this week to see how the city is mounting its war on youth violence. The group is looking for initiatives that can serve as national models. In conjunction with the visit, Memphis Mayor A C Wharton unveiled the city’s five-year plan of attack saying “We know where the problems are.” Efforts so far this year include a greater emphasis on collaboration, aggressive prosecution of gang leaders and repeat offenders, and asking area ministers and nonprofits to mentor at-risk teens. Read more about the initiatives in the Commercial Appeal.
The Tennessee Supreme Court has reiterated that workers’ compensation lawsuits can be filed only after the state has officially declared that a formal review could not resolve the differences between employer and worker, according to the Nashville Post. The case in question stemmed from an employee who filed a suit two minutes before a Department of Labor workers’ comp specialist documented an impasse between the parties. Despite the difference in the time stamped on the two documents, the chancery court allowed the case to go forward based on plaintiff’s attorneys affidavits that the suit was filed after they received a copy of the state’s report. The high court said that was not sufficient and called on the legislature to address “the undignified spectacle of literally racing to secure perceived procedural advantages” in workers’ comp cases, and while doing so to also "resolve the issue of nonsynchronous clocks.”
Gussie Vann, a McMinn County man serving time for the rape of his 13-year-old niece, has filed suit against the county claiming that he was held for 48 hours without probable cause and held for 10 months without being allowed to see an attorney in relation to separate charges of murder and incest of his daughter. Those charges ultimately were dismissed by now District Attorney Steve Bebb, who was serving as a judge at the time. Vann was later convicted on the rape charges by a jury. Vann’s lawyer said both Bebb and the prosecutor in the case likely would be immune from civil suit while acting in their official capacity, but that the county could be held liable. The Times Free Press has more
A special panel of state Republican Party executive committee members was to meet behind closed doors this morning to consider a challenge to a legislative primary race. The six-member subcommittee appointed by Chairman Chris Devaney was to evaluate the challenge brought by Shirley Curry, who wants to overturn her four-vote loss in the House District 71 primary. Adam Nickas, executive director of the party, declined to elaborate on the reason for the closed hearing or the basis for Curry’s challenge. The panel is expected to make recommendations to the full executive committee on Sept. 5. The News Sentinel reports
The family of Memphis lawyer Earl C. Buckles, 69, who died Monday (Aug. 20), have announced that memorial donations may be made to Methodist Hospice Residence, 6416 Quince Rd., Memphis 38119, or to a charity of one’s choice. Services for Buckles were held this morning. Read more about his life
Knoxville lawyer Ann Nigro died yesterday (Aug. 22) at the age of 93. Nigro graduated from the University of Tennessee College of Law in 1943 and was the first woman to receive the Moot Court Medal. After college she practiced law for two years at Southern and Southern and then opened a firm with her husband Judge Joseph J. Nigro. The family will receive friends from noon to 2 p.m. on Saturday at Berry Funeral Home, 3704 Chapman Hwy., Knoxville 37920. Funeral services will follow at 2 p.m. Memorials may be made to Colonial Heights United Methodist Church, 6321 Chapman Hwy., Knoxville 37920 or to Grassy Valley Baptist Church, 10637 Kingston Pike, Knoxville 37922. Read more about her life
The University of Memphis will host political couple James Carville and Mary Matalin at its Political Perspectives Centennial Luncheon Sept. 14 at 11:30 a.m. in the ballroom of the University Center. The couple will discuss political issues facing the nation today, as well as the ongoing presidential election campaign. Otis Sanford, former managing editor of The Commercial Appeal and chair of the university’s Excellence in Economics/Managerial Journalism program will moderate the discussion. Tickets, which may be purchased online, are $30 per person and include admission and parking. For more information call (901) 678-5582.
Need a quick update in the areas of law you deal with every day? The TBA’s General Practice Fast Track program will be held in both Memphis and Knoxville this Friday, with sessions on child parentage, child support, divorce, medical malpractice, wills and estates, intellectual property basics, labor and employment law, DUI law and more. Find out how you can get all 15 hours of needed CLE this Friday.
The Tennessee Department of Treasury is seeking a compliance officer for legal, compliance and internal audit. The position will be responsible for the regulatory and other compliance needs of the department's Investment Division. The compliance officer function includes reviewing investment contracts, identifying financial and non-market risks, handling legal, regulatory and ethics compliance, and coordinating external legal and procurement functions. Interested applicants should submit a resume to treasury.resumes@tn.gov by Aug. 31. Get details about the position
J. Bartlett Quinn, a labor and employment lawyer with Chambliss, Bahner & Stophel PC in Chattanooga, has been elected secretary of the Tennessee Judicial Nominating Commission. The 17-member commission reviews applications and makes recommendations to the governor for judicial vacancies on the state trial and appellate courts. Quinn was appointed to the commission by Lt. Governor Ron Ramsey.
Trial briefs were filed this week by parties battling the legal validity of referendums in which six Memphis suburban communities voted to create their own school systems. Both sides reminded U.S. District Judge Samuel "Hardy" Mays of comments he already has made. The Shelby County Commission, which is challenging the referendum and its results, used the argument that Mays already has said he "would not hesitate to invalidate any votes" if he found the referendums were unconstitutional. The six suburban municipalities repeatedly cite a 2011 ruling by Mays that the law authorizing the referendums could pass constitutional muster. They say this new suit should be thrown out. Read more about the arguments on each side in the Commercial Appeal.
