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.
Tennessee Senate Majority Leader and Adams and Reese Special Counsel Mark Norris, R-Collierville, has been selected chair-elect of the national Council of State Governments, a bipartisan professional association serving all three branches of government in all 50 states and Puerto Rico, beginning in 2013. Norris, the first Tennessean elected to the leadership post, will take office as chair in 2014. Norris works in the Memphis office of Adams and Reese. He has served in the state Senate since 2000 and as majority leader since 2007. Read more on the firm’s website
KEVIN MICHAEL JORDAN v. A.C. ENTERPRISES, INC., A/K/A DIPSTICK, INC. Court: TN Court of Appeals
Attorneys:
Bradley E. Griffith, Johnson City, Tennessee, for the appellant, A.C. Enterprises, Inc., a/k/a Dipstick, Inc.
Sandra Lee Stanbery-Foster, Greeneville, Tennessee, for the appellee, Kevin Michael Jordan.
Judge: FRANKS
Plaintiff's action for retaliatory discharge resulted in a jury verdict in favor of plaintiff and an award of $120,000.00. Defendant appealed. We affirm the Judgment of the Trial Court upholding the jury verdict.
BETTY LOU LAWING v. GREENE COUNTY EMS, et al. Court: TN Court of Appeals
Attorneys:
Jeffrey M. Ward, Greeneville, Tennessee, for the appellants, Greene County/Greeneville EMS and Greene County, Tennessee.
R. Wayne Culbertson, Kingsport, Tennessee, and Wayne Ritchie, Knoxville, Tennessee, for the appellee Betty Lou Lawing.
Arthur P. Brock and William J. Rieder, Chattanooga, Tennessee, for Chattanooga-Hamilton County Hospital Authority.
Judge: FRANKS
In this action the defendants filed a Motion for Summary Judgment on the grounds the statute of limitation had run on plaintiff's cause of action. The Trial Court overruled the Motion on the grounds that the tolling provisions in Tenn. Code Ann. § 29-20-201(c) was applicable to GTLA actions and granted permission to appeal pursuant to Tenn. R. App. P. 9. On appeal, we hold that the tolling provision does not apply because the statute did not expressly extend it to GTLA actions.
The U.S. Senate Appropriations Committee recently unveiled a $60.4 billion supplemental appropriations bill to assist victims of Hurricane Sandy that also includes $1 million for the Legal Services Corporation (LSC). The funding matches the request submitted by the White House. Though the funds are for LSC grantees in areas impacted by the storm, inclusion of the provision marks the first time since 1993 that a supplemental appropriations bill has included funding for the LSC following a disaster. Read more about the provision
The Association for Women Attorneys (AWA) will host its 33rd Annual Banquet and Silent Auction Jan. 17, at the Tower Center at Clark Tower. A cocktail hour with cash bar and silent auction will begin at 5:30 p.m. Dinner and program will start at 6:45 p.m. During the event, the group will install its new president, induct board members and committee chairs for 2013, and present the Marion Griffin-Frances Loring Award for outstanding achievement in the legal profession. Tickets are $60 for AWA members, $70 for nonmembers and $40 for law students. Proceeds benefit scholarships for University of Memphis law students. For more details contact banquet co-chair Keating Lowery at KeatingL@lawrencerussell.com or (901) 844-4438. The Memphis Daily News also recently ran a story. Read it here
The state Board of Probation and Parole has 90 days to vacate a Hawkins County-owned office building in Rogersville, reports the Kingsport Times News. The office serves Hawkins County residents on probation and parole through the Third Judicial District Criminal Court. If the office closes, those on probation and parole might have to travel to the board’s Greeneville office to meet their parole officer. In making the decision to evict the office, some members of the county commission expressed concern that probation and parole violations may increase if those who do not have the means or the initiative to go to Greeneville don't make the trip.
State Rep. Curry Todd's trial on DUI and gun-possession charges was postponed Friday after attorneys said discussions with prosecutors about a possible plea were ongoing. The judge reset the date for Jan. 11, 2013. Todd has entered a not-guilty plea to charges of driving under the influence, possession of a handgun while under the influence, and violating the state's implied-consent law by refusing a breath-alcohol test. The charges were filed after he was stopped by Nashville police late on the night of Oct. 11, 2011, on a busy street near Vanderbilt University. The Memphis Commercial Appeal reports
Knox County Criminal Court Judge Walter Kurtz said he would decide quickly whether to grant new trials to three defendants previously convicted for killing Channon Christian and Christopher Newsom. At a hearing Thursday, Kurtz said the motions for new trials “don’t need to fester any longer” and that he would decide on them by mid-January. Read this AP story in the Jackson Sun.
The East Ridge City Council named Chattanooga lawyer Hal North as interim city attorney during a special called meeting on Saturday, according to Chattanoogan.com. He will be paid a flat $7,500 monthly fee for three months with no guarantee of a long-term contract. The move comes after the council voted 3-2 last Thursday to remove John Anderson from the post. Anderson had worked as part time city attorney since 2008, but recently came under fire for the size of his salary. The Times Free Press criticized the arrangement with Anderson in an editorial.
The Tennessee Alliance for Legal Services (TALS) has hired Anne Fox to coordinate legislative activities, develop training curriculum, and oversee seven statewide substantive-law task forces. In addition, she will be the primary coordinator of the 2013 Equal Justice University, which will be held in Nashville at the Millennium Maxwell House Oct. 9-11. Fox previously worked with Clifton Government Relations, handling legislative relations and advocacy for non-profit clients. Read more from the agency
Assistant District Attorney Lila Statom was sworn in this morning as the newest Hamilton County general sessions judge, filling a vacancy left by the departure of Judge Ronald W. Durby. Judge Clarence Shattuck administered the oath and the robe presentation was made by Lynda Hood, executive director of the Chattanooga Bar Association. Statom lost no time getting started as she began to hear cases soon after the ceremony. Chattanoogan.com has the story and photos from the event.
Parham Williams Jr. will serve as interim dean of Lincoln University's John J. Duncan School of Law while the school goes through the accreditation process and conducts a nation search for a permanent dean, the Knoxville News Sentinel reports. Wiliams served as law dean at the University of Mississippi, Samford University, and Chapman University for a combined 35 years. He is a gradate of Ole Miss and earned his law degree from Yale University.
The Judicial Nominating Commission has recommended to Gov. Bill Haslam three applicants to fill the 6th District Circuit Court vacancy created by the retirement of the Hon. Wheeler A. Rosenbalm. The candidates are Kristi M. Davis of Hodges, Doughty & Carson; Mary Elizabeth Maddox of Frantz, McConnell & Seymour; and Deborah C. Stevens of Lewis, King, Krieg & Waldrop.
Should Congress fail to avoid the “fiscal cliff,” federal courts risk losing $555 million and could be forced to lay off as many as 2,000 non-judicial employees under the budget cuts, Gavel Grab reports. Charles Hall, spokesman for the federal Administrative Office of the Courts, said individual district and circuit courts will decide whether to absorb the cuts through layoffs, furloughs or a combination of both.
Leading House Democratic Craig Fitzhugh has been rumored to be considering a run for governor in 2014, according to reports. When asked directly by the Nashville City Paper, he said, “I wouldn’t rule it out at all.” Fitzhugh has served in the legislature for almost 20 years, largely as the caucus’ budget expert. He ran for minority leader in 2010 and was re-elected to the post Wednesday.
Gov. Bill Haslam has selected Assistant District Attorney Lila Statom to fill the Hamilton County General Sessions Court seat held by Judge Ron Durby, who left the bench citing medical reasons. Statom joined the prosecutor’s office in Nashville in 1989 and joined the staff of District Attorney Bill Cox in 1998. She will be the second female judge on the court, joining Christie Sell. The Chattanoogan has the story.
Criminal Court Judge Lynn Brown of the First Judicial District announced Wednesday that he will retire at the end of March 2013, the Johnson City Press reports. Brown has served as Criminal Court judge since 1988, after 11 years as a prosecutor with the First District Attorney General’s Office. Assistant District Attorneys Dennis Brooks and Ken Baldwin have already stated their desire to succeed Brown.
Tennessee will receive $1.1 million as part of a $42.9 million agreement with Pfizer and 33 other states over the drug maker’s alleged unfair and deceptive practices in promoting its Zyvox and Lyrica products. Under the settlement, Pfizer does not have to admit wrongdoing, but says it will change how it markets the drugs.
Heidi A. Barcus of London & Amburn P.C. assumed presidency of the Knoxville Bar Association today at its annual meeting. Other new officers include President-Elect Wade V. Davies, Treasurer Tasha C. Blakney and Secretary Wayne R. Kramer. Doug Blaze, Chris McCarty, Hanson Tipton and Chancellor John Weaver were elected to the Board of Governors. Also at the meeting, Thomas M. Hale was presented with the prestigious Governor’s Award, the highest award of the KBA. It is awarded to a lawyer whose peers believe to be deserving of special respect. William R. Searle III was honored posthumously with the Courage in the Face of Adversity Award. His widow, Sarah Searle, accepted the award on his behalf.
Chattanooga mayoral candidate Rob Healy announced this morning that he is dropping out of the race, the Chattanooga Times Free Press reports. He cited the staggering amount of money needed to pay for campaigns as a reason for his withdrawal. His departure leaves two candidates for mayor: former Democratic State Sen. Andy Berke and former city employee Guy Satterfield