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.
A New York state appeals court has overturned decades of precedent and ruled that calling someone gay is not slander per se. Prior rulings, the court wrote, were all "based on a false premise that it is shameful and disgraceful to be described as lesbian, gay or bisexual." Such a conclusion is "inconsistent with current public policy," particularly in light of New York's anti-discrimination and marriage equality laws. Read the Reuters story
Officials say a new law that requires Tennessee's doctors to use a drug-monitoring database and pharmacists to upload prescription information more often will allow state officials to determine which doctors are prescribing the most painkillers. Bill Gibbons, commissioner of the state Department of Safety and Homeland Security, who helped craft the bill, says he hopes the changes will make doctors more aware of the number of prescriptions they write and allow them to spot patients who are "doctor-shopping" to buy pain medication for an addiction or to resell. But some critics, including doctors, say the law puts a burden on all doctors rather than targeting the few who are careless or over-prescribe. Other critics say the law doesn't go far enough. The Times-Free Press has more
Gov. Bill Haslam used his veto powers for the first time in his administration to kill one piece of legislation that passed after debate and discussion in the waning hours of the Tennessee House of Representatives’ final session, while others simply died in committees in the last days of the session that ended last month. The Murfreesboro Post shows you the bills
The Rutherford County Commission's Steering Committee last week recommended extending a general legal services agreement with County Attorney Jim Cope and his firm. The recommendation will include a resolution to contract with Cope for a flat fee rate of $259,000. Cope is currently paid a retainer and hourly rate, which causes fluctuation in costs, the Murfreesboro Post reports.
State Rep. Eric Watson, R-Cleveland, announced this weekend that he is seeking re-election to the House of Representatives' 22nd district, which is composed of Meigs, Polk and Bradley counties. Read his statement in the Cleveland Daily Banner
The U.S. Justice Department has asked a federal judge in Washington to keep sealed illegal wiretap recordings rooted in the Watergate scandal. It is not opposing release of some court papers sealed in the 1972 prosecution of G. Gordon Liddy. That information, DOJ lawyers said, includes bench conferences about evidentiary disputes and pretrial meetings in chambers. The agency is responding to a history professor's request seeking access to materials he believes could help answer lingering questions about the burglary that led to President Richard Nixon's resignation. DOJ lawyers argue that there is no First Amendment or public right of access to illegally obtained wiretaps, The Blog of Legal Times reports.
Ninth District congressman Steve Cohen opened his Memphis headquarter Saturday, casting himself not only as a candidate for reelection but as an organizing figure in local Democratic politics. The Memphis Flyer has more
Construction of a controversial mosque in Murfreesboro can continue according to a ruling out today. Earlier this week, Chancellor Robert Corlew III found that county commissioners did not give proper notice before approving the new Islamic center, but a footnote in the order issued today said that does not mean work has to stop on the mosque, and that such a matter would have to be taken up separately. WPLN reports
Washington County's two general sessions court judges will spend the next few months developing a schedule and division of duties among themselves and a new judge, who is expected to start work in January. Judge James Nidiffer said he was pleased when the county commission approved the new position Tuesday night. Nidiffer also said he and Judge Robert Lincoln will need to discuss how the new court will be staffed. Nidiffer and Lincoln currently share equal duties, and the new judge will be included in that same process. The Johnson City Press has more
Federal officials, reportedly questioning racial balance in the Robertson County public schools, say they plan to send investigators from the Department of Education and the Department of Justice to review how the school board drew attendance zones. According to WDEF News, district officials say accusations of segregation are unfair and suggest that a new elementary school, scheduled to open in 2015, will more equally balance the racial makeup of the county's schools.
Nahshville lawyer Bill Ramsey's "Ode to Otha" Block Party is this Saturday at 1711 Sweetbrier Ave. in Nashville. The event, scheduled to run from 2 to 9 p.m., will feature food, drinks and live music for the adults, and clowns and piñatas for the kids. Learn more about the event, which celebrates the life of American music legend Otha Turner and benefits the Second Harvest Food Bank.
State officials in Kentucky signaled this week that they will change how prisoners are executed, opening the door to using a single drug instead of the current three-drug method that is being challenged as cruel and unusual punishment. New regulations are expected to be proposed by July 24. The move came after a circuit judge ordered the state to change the three-drug process or face trial to defend it. At least seven states use a single drug to carry out executions while three provide that option. Last week, Missouri became the first state to switch to propofol, the same anesthetic that caused the overdose death of pop star Michael Jackson. WRCB-TV in Chattanooga reports
The Justice Department likely will not retry John Edwards after the campaign finance fraud case against him ended in a mistrial, the Associated Press reports based on comments from an unnamed "knowledgeable law enforcement official." In related news, the ABA Journal looks at media coverage suggesting the verdict was a blow to the department’s public integrity section, which has been trying to rebuild itself after the failed prosecution of Alaska Sen. Ted Stevens four years ago.
Lawyers for state legislative hopeful Shelley Breeding say they will let the Tennessee Court of Appeals decide her residency question instead of asking the state Supreme Court to intercede directly. "The Court of Appeals set a timetable that everybody can live with," lawyer Bill Stokes said Thursday. Breeding wants to run as a Democrat in the newly formed 89th House District, which lies entirely in Knox County. A lower court judge ruled that she is legally an Anderson County resident because her house is located in that county though her mailbox and driveway are in Knox County. The News-Sentinel has more
In an unanimous opinion yesterday, the Tennessee Supreme Court set aside the conviction of Guy Alvin Williamson for possession of a handgun while under the influence of alcohol because police did not corroborate an anonymous tip before stopping and frisking him. Citing the U.S. Supreme Court decision in Florida v. J.L., the Tennessee court said that an anonymous call alone does not provide the requisite degree of reasonable suspicion to justify such an action. Read more from the court or download the opinion
The Shelby County circuit and chancery courts have issued final rules governing e-filing in their respective courts. The proposed amendments will take effect June 25 unless prior to that date either court amends, modifies or withdraws them. Download the proposed rules
The Memphis office of Baker, Donelson, Bearman, Caldwell & Berkowitz PC has named five lawyers as its Pro Bono Attorneys of the Year. They are Leo Bearman, Lori Patterson, Kate Bogard, Gabe McGaha and Ashley Satterfield. The team was recognized for its work helping a group of Memphis voters involved in ongoing voting rights litigation arising from the proposed consolidation of the Memphis and Shelby County governments. Baker Donelson pro bono shareholder Lisa W. Borden praised the team for standing up for “the right of every person to vote, and to have that vote count equally.” Learn more about the firm’s pro bono efforts
Earlier this week, Hamblen County officials gathered to honor retiring General Sessions Judge Joyce M. Ward, who has served local citizens for 16 years. Morristown attorney Kelley Hinsley opened the ceremony and spoke about how Ward’s character made her not just a great judge, but also a cancer survivor. Also at the event, state Sen. Steve Southerland presented Ward with a certificate from Gov. Bill Haslam conferring on her an award of merit for faithful service. Ward made local history as the first woman to hold the general sessions judgeship in Hamblen County. See a photo from the event in the Citizen Tribune
Tennessee Gov. Bill Haslam yesterday announced the appointment of Lori Phillips-Jones as district attorney general for the Eighth Judicial District. She will replace current DA Paul Phillips when he retires Sept. 1. Phillips-Jones graduated from the University of Tennessee College of Law in 1999 and has been with the DA's office since 1997. She has served as a criminal investigator and a violent crimes prosecutor. The eighth district covers Campbell, Claiborne, Fentress, Scott and Union counties. Read more from the governor's office
