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.
NashvillePost.com looks into the "implosion" at the Nashville office of Miller & Martin, when there was an exodus of attorneys "on a scale unprecedented in the Nashville area." The change began last fall, the Post reports, when Melvin Malone, who had been chairman of the firm for only two years, was ousted from his position by a vote of the partners in favor of James Haley out of Chattanooga. With the change, members started trickling away, but on June 7, it was announced that no fewer than 37 members of Miller & Martin — including Malone — were leaving to join the Mississippi-based firm of Butler Snow O’Mara Stevens & Cannada. In one day, Butler Snow went from having two attorneys in the Cool Springs area to becoming one of the larger firms in Middle Tennessee.
The Memphis Bar Foundation is now soliciting grant applications from non-profit organizations. Grants are awarded to 501(c)(3) organizations for law-related programs and activities that further the foundation’s mission to advocate and support public awareness of the legal profession; promote social justice; promote legal education, and recognize professionalism among members of the bar. The typical grant award is less than $10,000. The deadline to apply is July 31. Contact MBA Executive Director Anne Fritz to learn more or download an application.
U.S. Supreme Court Justice Antonin Scalia drew unusually critical attention during this past Supreme Court term for comments he made in court and in his writing that seemed to some more political than judicial. For example, his dissent in the Arizona immigration case contained a harsh assessment of the Obama administration's immigration policy, which prompted a public rebuke from a fellow Republican-appointed judge and a call to resign from liberal columnist E.J. Dionne. The News Sentinel has this AP story
Learn about the mortgage settlement process in Tennessee at a free, one-hour webcast July 16, co-sponsored by the Tennessee Bar Association Access to Justice Committee and the Tennessee Attorney General's Office. The seminar, produced by Matt Pulle and Jeffrey L. Hill, will provide an overview of the issues surrounding the settlement, information on the benefits of the settlement — including benefits to military personnel — what attorneys need to know about the settlement, and information about the resources available through the Attorney General’s office. Learn more or register for "Pro Bono: Mortgage Relief for Pro Bono Clients."
A California study shows that judges who are first elected are more likely to be disciplined than initially appointed judges. Other findings of the report from the state Commission on Judicial Performance said that judges previously sanctioned by the commission made up a large share of disciplined judges; male judges were about twice as likely to be disciplined as female judges; and judges on small courts were more frequently sanctioned than judges on larger courts. ABAJournal.com has the details
Former state Sen. Rosalind Kurita on Thursday lost a federal appeal of her ouster as the Democratic nominee in her 2008 bid for re-election to the Tennessee General Assembly, the News Sentinel reports. In a brief ruling, the U.S. 6th Circuit Court of Appeals upheld a federal judge's refusal to reinstate Kurita to the ballot after Democratic officials declared her 19-vote primary win as "incurably uncertain."
Circuit Court Judge Don Ash will step down from the 16th Judicial District position, effective Sept. 1, to become a senior judge. Ash announcded Thursday that he will continue serving on the Circuit Court bench in Murfreesboro until Gov. Bill Haslam appoints a successor to fill the remainder of his term, which runs until 2014 when the position will be placed on the ballot. Ash, who has spent 18 years on the bench, will be one of four standing senior judges in the state assigned on a temporary basis to hear cases statewide. The Daily News Journal has more
Attention is still focused on last week's decision and aftermath of the Affordable Care Act, but the Supreme Court delivered 64 other opinions this term — fewer than they have decided in any of the past 20 years. Bill Moyers Journal links to varied analyses of five other key decisions that have not gotten as much press as health care. National Public Radio's Nina Totenberg also looks into the end of the term, including the startling leak about the health care decision, other notable cases, and if this signals a shift in the court's idealogy. "You can't take one term in isolation," Tom Goldstein, publisher of SCOTUSblog, told NPR. "The arc of the law is solidly on the right. ... Anyone who thinks that John Roberts has now come out of the closet as his true liberal self is severely misguided. We have a track record here. He's a solidly conservative justice."
The Brentwood law firm of Papa & Roberts is looking to add a law partner to its firm. The ideal partner would have at least five years of experience and practice in one or more of the following areas: commercial/ business litigation, estate planning, criminal, personal injury or tax. Learn more on JobLink
Vanderbilt Law School seeks lawyers with superb academic and employment records to teach a legal writing course to LL.M. students starting in August 2012. The part-time position will offer a renewable five-month contract from August through December. Compensation does not include benefits. Applications will be accepted until July 16 or until positions are filled. Learn more on JobLink
A Brentwood law office is seeking a licensed attorney to join the firm in an “of counsel” capacity. The ideal candidate would maintain his or her own independent caseload and be willing to accept referrals from the firm as needed. Referrals would be primarily personal injury and workers compensation cases. Rent will depend on the required level of support and likely will be offset by fees generated from case referrals. Learn more on JobLink
Randolph Alexander “Ray” Ashley Jr, the first West Tennessee attorney appointed outside of Memphis to be Tennessee attorney general, passed away Monday (July 2) at the age of 84. Ashley graduated from the University of Tennessee College of Law and followed in his father's footsteps – joining the family’s Dyersburg law firm of Ashley, Ashley & Arnold in 1952. From 1974-1976, Ashley served as Tennessee Attorney General. Under his leadership, the AG’s office was instrumental in halting plans for a Hartsville nuclear plant and a proposed Clinch River Breeder Reactor. He also reformed the Tennessee Claims Commission to make it more consumer-friendly. A memorial service will be held at 11 a.m. July 9 at St. Mary’s Episcopal Chruch in Dyersburg. Visitation will follow the service. The State Gazette has more on his life.
Memphis lawyer Thomas Greer, a partner in Bailey & Greer PLLC, has been elected vice president of the West Tennessee division of the Tennessee Association for Justice (TAJ). Greer practices in the areas of medical malpractice, personal injury, wrongful death, premises liability and police brutality. In an interview with the Memphis Daily News, Greer reflects on shifting trends in the legal profession and how TAJ is responding. “There’s a declining trend for the number of cases that go to trial," he says. "One of the missions of our association is to keep the courthouse open and level the playing field for the ordinary Tennessean. To try to make sure that future generations have the same constitutional rights that we grew up with and that we’ve had.”
The newly established Tennessee Board of Judicial Conduct will hold an organizational meeting Saturday at 10 a.m. at the Administrative Office of the Courts, 511 Union St., Suite 600 in Nashville. Members of the public are invited to attend. The board replaces the old Tennessee Court of the Judiciary, whose members were appointed by the Tennessee Supreme Court. Legislation enacted this year calls for appointments by the leaders of both houses of the legislature as well as the governor. Among those appointed to date are Shelby County Criminal Court Judge Chris Craft, Tennessee Appeals Court Judge Holly Kirby of Memphis, Madison County General Sessions Court Judge Christy R. Little of Jackson and Miles Burdine, president and chief executive officer of the Kingsport Chamber of Commerce. Look for a complete list of members to come. The Memphis Daily News reports
The FBI admitted for the first time this week that the late Memphis photographer Ernest Withers had served as an informant, confirming a 14-year relationship between the noted civil rights photographer and the agency. In an affidavit filed in federal court in Washington, the FBI formally acknowledged Withers was an FBI confidential informant and that the bureau withheld Withers' file from The Commercial Appeal, which first asked for it four years ago.
A 66-year-old Anderson County widow would have wound up with just $1,621.16 in exchange for an annuity valued at $65,400 under a proposed transfer of a structured settlement agreement. The payout would have been $3,821.16, but the firm handling the matter was proposing to hold out $2,200 in fees. The transfer was denied in a scathing order issued by Anderson County Circuit Court Judge Don Elledge. "The Court has never seen a proposal submitted as outrageous and shocking as this one is," Elledge wrote in his June 29 order. The judge ruled it wouldn't be in the client’s best interest for the transfer to be approved. The News Sentinel has the story
States that decline to participate in the coming vast expansion of Medicaid have a Vanderbilt Law School professor to thank for that option. An amicus brief filed by James F. Blumstein, professor of constitutional law and health law and policy, provided the legal argument cited by U.S. Supreme Court Chief Justice John Roberts in his decision that the Affordable Care Act’s (ACA) Medicaid mandate on states was unenforceable. As a result of that decision, states may opt into the ACA’s expanded Medicaid program but also may opt out without placing their existing Medicaid programs and funding in jeopardy. Read more about Blumstein’s role
The Chattanooga Bar Association (CBA) on Tuesday released results of its biennial judicial poll, which asks members to rate area judges in five categories — objective and unbiased, legal ability, good moral character, diligence and judicial temperament. Attorneys had four responses to choose from for each category — superior, satisfactory, unsatisfactory or no opinion. Read about the results in the Times Free Press
The Supreme Court of Tennessee temporarily suspended the law license of Hamilton County lawyer Jeffrey Andrew Stinnett on June 29 for his failure to respond to a complaint of ethical misconduct. Effective June 29, Stinnett is precluded from accepting any new cases and must cease representing existing clients by July 29. Download the BPR notice
The Tennessee Supreme Court last week issued two new orders suspending Tennessee-licensed attorneys who did not pay their 2012 registration fee to the Board of Professional Responsibility and/or did not file a mandatory compliance statement that eligible client funds are held in accounts participating in the Interest on Lawyers' Trust Accounts (IOLTA) program. The lists reflect lawyers not in compliance as of their May birthdates. Those who have been reinstated are noted as such. Previous orders covered lawyers with birthdates in January through April. See the updated lists and download the orders
