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.
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.
The Fayette County school district must close two elementary schools and build a new one in Somerville under a consent order approved by the U.S. District Court for the Western District of Tennessee. The agreement was negotiated by the U.S. Department of Justice with the Fayette County Board of Education and the NAACP. Among other requirements, the order directs the district to implement a program at three other elementary schools to help them achieve desegregated enrollments. News Channel 5 in Nashville reports.
The Tennessee Supreme Court has decided not to hear an appeal by two death row inmates who claim that changes to the state's lethal injection procedure are unconstitutional. The high court on Monday declined to hear the case brought by Stephen Michael West and Billy Ray Irick. Their attorneys argued that the state's protocol does not contain sufficient safeguards to ensure that condemned inmates don't suffocate while fully conscious, which could violate the constitutional ban on cruel and unusual punishment. WATE.com has this AP story.
The Tennessee Supreme Court today clarified that motor vehicle insurance policies need not cover mental injuries when the insured has suffered no physical injuries. Parents of an 18-year old who was struck by a car sued for wrongful death and negligent infliction of emotional distress. They sought to recover money damages for their alleged mental injuries under the uninsured motorist provision of their insurance policy. The high court unanimously rejected that claim. Read more or download the court’s opinion. In a second opinion, the court ruled that when considering whether a victim has suffered a serious bodily injury, a jury should consider the injury that occurred rather than the injury that could have occurred or the manner in which it occurred. Read more or download the opinion and a separate concurring opinion in the case.
The 2012 Equal Justice University will feature a host of stellar speakers and more than 40 educational sessions Sept. 26-29 at Paris Landing State Park. Judge Bernice Donald, recently appointed to the U.S. Sixth Circuit Court of Appeals, will give the keynote speech at the welcome lunch on Sept. 26. That evening, former Nashville mayor Bill Purcell will speak at the annual Awards Dinner, and on Thursday, the Leadership Luncheon will feature Memphis lawyer Buck Lewis, chair of the Tennessee Supreme Court’s Access to Justice Commission and former TBA president. In all, attendees can earn 15 hours of CLE.
The Tennessee Supreme Court placed two lawyers on disability inactive status yesterday (Aug. 21). They are Williamson County lawyer Charles C. Morrow and Orlando, Fla., lawyer Michael Peters. Neither may practice law while on inactive status. Either may petition the court to return to active status upon showing by clear and convincing evidence that the disability has been removed and that he is fit to resume the practice of law.
LAWPAC -- the state legislative, independent, multi-candidate, political campaign committee for Tennessee lawyers -- has made contributions in 15 races this fall. At left, LAWPAC treasurer Allan Ramsaur (left) joins LAWPAC executive committee chair Nathan Ridley (right) in presenting a check to Tennessee Senate candidate Phillip North. See a complete list of candidates supported by LAWPAC this fall.
LAWPAC -- the state legislative, independent, multi-candidate, political campaign committee for Tennessee lawyers -- today made known its contributions in 15 fall legislative races. In 10 of the 15 races , the candidates receiving contributions are lawyers. The group also made donations where candidates are law students, serve as key legislative committee officers, have relatives who are lawyers or take into account the views of lawyers on critical issues. See the full list of candidates supported by LAWPAC this fall.
Nashville Sheriff Daron Hall said today that he will not renew the 287(g) program when it expires in October. The program became an issue for the courts when Nashville attorney Elliott Ozment sued Hall's office on behalf of three legal residents who were screened and detained, claiming it does not have the authority to participate in that program under the Metro Nashville government charter. The Tennessee Supreme Court has heard arguments, and both sides are awaiting a decision in the lawsuit. Hall said today he will replace 287(g) with a program, Secure Communities, in which the fingerprints of detainees are sent electronically to federal agents who can check immigration status. WSMV has video
A woman who dressed her daughter in a Dolly Parton outfit with a padded bra and backside for an episode of the reality TV show Toddlers & Tiaras could lose custody of the girl over the choice. In a battle unfolding in a Kentucky courtroom, a court-appointed psychologist is siding with Bill Verst, father of 6-year-old Maddy Verst, who contends her mother, Lindsay Jackson, sexually exploited their daughter by allowing her to dress so provocatively. Comparing the activity to training for the Olympics, Jackson said that if she loses custody over this, it would "open the door for any parent to challenge anybody on any activity that a kid does, period." ABAJournal.com has more
Forty-nine years after protesters, led by Martin Luther King Jr., marched in Birmingham for equal rights and to put an end to laws mandating racial segregation, the U.S. Justice Department is establishing a civil rights unit in that city. The unit, based within the U.S. attorney's office, will concentrate on both civil lawsuits and criminal enforcement of federal civil rights laws. WDEF has the story
