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 ongoing fight over the border between Tennessee and Georgia near the edge of the Tennessee River, is making national news. An article streaming on the Wall Street Journal website looks at the history of the dispute and the Georgia lobbyist who is making the border fight his own personal crusade.
An article in today’s Memphis Daily News looks at the career of Shelby County’s new probate judge Kathleen Gomes, who was appointed April 1 to replace retiring Probate Court Judge Robert Benham. Gomes says the recent appointment was the fulfillment of a lifelong dream. Though she worked for a number of elected officials and explored a career in entertainment law, Gomes finally settled into a probate practice at Peppel, Gomes & MacIntosh. She says probate law goes back to the root of why she became a lawyer. “In Probate Court you really do get to help people. It’s one of the few areas of the law … that you can sit back and finish the day and know that you helped someone.” Gomes says she will run next year when the position, an eight-year term, comes up again for a vote.
U.S. Justice Department attorneys were in Memphis federal court this week seeking to shut down a Memphis-based business that operates tax preparation companies. The civil action was filed Tuesday against Mo’ Money Taxes and four other connected businesses: MoneyCo USA LLC, Caymau Service Bureau LLC, Marquis Taxes and Southern King Taxes. The filing also names two business owners and a manager as defendants. The Justice Department alleges that the companies promote and encourage “the preparation of false and fraudulent income tax returns,” the Memphis Daily News reports.
The Cumberland County district attorney is setting ground rules for animal abuse allegations after animal rights activists say animal control officers are not charging people who abuse animals. "It appeared to me that there was some misunderstanding on both sides on what the rights and responsibilities of the protocol were," said District Attorney Randall York. WATE News Channel 6 also reports that the county may be looking at forming a task force to oversee animal abuse cases.
With state lawmakers hoping to adjourn next week or soon after, House Speaker Beth Harwell said Wednesday that House members might not have time to consider a review of 10th Judicial District Attorney Steve Bebb even if they decide it's needed. While efforts to access files from the Tennessee Bureau of Investigation’s four-month probe of Bebb have been blocked in the House, the state Senate Judiciary Committee earlier this week directed the TBI to let members examine the files. Lawmakers say their investigation is necessary given the public nature of the allegations and a report by Attorney General Robert Cooper that Bebb’s office exhibited poor judgment, mismanagement and deficient record keeping. The Times Free Press and Cleveland Banner have the news.
The Memphis Lawyers’ Chapter and University of Memphis Law Students’ Chapter of the Federalist Society will present “Current Proposals to Change the Electoral College System” on April 18 from 11:30 to 1 p.m. at the University of Memphis School of Law. The seminar will feature panelists John L. Ryder with Harris Shelton Hanover Walsh, James Bopp Jr. with The Bopp Law Firm, and associate Memphis law professor Steven J. Mulroy. Jon P. McCalla, chief judge of the U.S. District Court for the Western District of Tennessee, will moderate the program. The event is free to the public and refreshments will be served. To attend, contact Greg Grisham at (901) 462-2616 or gregory.grisham@jacksonlewis.com.
The University of Memphis Cecil C. Humphreys School of Law’s National Trial Team competed in the 38th Annual National Trial Competition in Texas last weekend after defeating Vanderbilt Law School at the regional tournament in Arkansas. Out of 320 teams in San Antonio, the Memphis team advanced to the semifinal round, after defeating number one seed Cumberland School of Law in the quarterfinals. With just four teams left, the team fell to eventual national champion Georgetown University Law Center in a close split decision. The team, comprised of Drew Davis, Sam Hinson and Brigid Welsh, had the school’s best finish in the competition since 1998.
The Hamilton County Commission this morning selected Robert D. Philyaw as the county’s new juvenile judge. The Chattanoogan reports that he was one of 10 applicants seeking to replace retiring Judge Suzanne Bailey. Philyaw, a solo practioner and municipal judge in Graysville, will serve until the next general election set for August 2014. A 2001 graduate of the University of Memphis School of Law, Philyaw has focused his practice on estate and probate cases, litigation and criminal defense. He is a member of the Tennessee Bar Association Access to Justice Committee and co-chair of its Hometown Support Subcommittee.
Federal public defender offices are feeling the effects of federal spending cuts, National Public Radio reports, with some seeing layoffs or trial delays due to budget restrictions. Last month, the Justice Department celebrated the 50th Anniversary of Gideon v. Wainwright, in which the Supreme Court ruling gave poor people facing criminal charges the right to a lawyer even if they couldn’t afford one. According to Ohio public defender Steven Nolder, that obligation does not go away even if spending cuts limit access to public defenders. "These are not luxury services that we're providing," Nolder says. "These are constitutionally mandated services, and because they're mandated, someone has to do it."
Consideration of the budget amendment sponsored by Senate Finance Committee Chair Randy McNally, R-Oak Ridge, that the TBA and others are vigorously opposing, was again deferred during public sessions today. The amendment (#271) strips all state funding -- $3.3 million -- from legal aid, transfers responsibility for administration of all appointed counsel and guardians ad litem to the state public defenders conference, and eliminates funds included in the Governor’s budget amendment to make up for chronic underfunding of the Davidson and Shelby county public defenders’ offices.
Meanwhile, the Senate Government Operations Committee moved bills extending the life of the Judicial Nominating Commission (SB 566/HB 796 and SB 215/HB 364) and the judicial Performance Evaluation commission (SB 567/HB 835 and SB 216/HB 695) to the floor. Both bodies would be extended until June 30, 2014, as amended. This would assure operation of the Tennessee Plan for merit selection through the 2014 elections.
The 14th Annual Red Shoe Party is a cocktail dinner event benefiting Court Appointed Special Advocates (CASA) chapter located in Nashville. The event will be held Saturday at the Pinnacle at Symphony Place at 7 p.m. and will feature a dance and auction. Jane Andrews, CASA executive director in Nashville, said the event is “a fun and exciting way to communicate the mission of CASA to a broad spectrum of the Nashville community who may not be aware that child abuse is a significant issue in our own city. It is an opportunity for people to make a difference in the lives of these child victims and give them hope for a safe, permanent home." Visit www.casa-nashville.org for tickets.
Miller and Martin attorney James T. Williams has been appointed to serve as chair of the firm’s litigation department, the Chattanoogan reports. Alison B. Martin will take the role of vice-chair. “We are excited to have James and Alison lead our Litigation team as the department continues to grow. Their depth of expertise and dedication to the firm makes them invaluable to the future success of the department,“ said Jim Haley, chairman of the firm.
The IRS and Justice Department tax lawyers are pressing efforts to combat tax fraud, identity theft and offshore tax evasion, WCYB reports. With the April 15 tax filing deadline fast approaching, the DOJ says it is aggressively pursuing tax violators, despite forced spending cuts. Kathryn Keneally, assistant attorney general for the Tax Division, said government prosecutors achieved a 95 percent success rate in all civil and criminal cases they litigated in the past year.
Mark Chalos of Leiff Cabraser Heinmann & Bernstein has been appointed federal-state-liaison counsel for the large product liability lawsuit against the New England Compounding Pharmacy. He will coordinate communication with attorneys handling cases against the company, which filed for bankruptcy late last year after it shipped to hospitals and other care providers tainted materials that led to an outbreak of fungal meningitis. The Nashville Post reports that Chalos has also been named to a seven-members plaintiff’s steering committee, joining Nashville lawyer Gerard Stranch, a member at Branstetter Stranch & Jennings. That committee, which will coordinate the pretrial discovery on behalf of the plaintiffs, also includes attorneys from Boston, Atlanta, Michigan and Virginia.
A proposed constitutional amendment to ban a state income tax in Tennessee passed the House on Monday and will go before the voters next year, the Memphis Daily News Reports. The chamber voted 88-8 in favor of the measure, sponsored by Republican Rep. Glen Casada of Franklin. The amendment would also ban payroll taxes by the state or local governments.
The state Senate approved a bill today closing public and media access to Tennessee’s handgun-carry permit records in most cases, making confidential the identities of nearly 400,000 citizens licensed to go armed in public. The Senate added an amendment providing limited circumstances when the public may ask if a specific individual who has some brush with the law has a permit, which sends the bill back to the House for concurrence with the amendment only. The Commercial Appeal has the story.
David Rivera has been named acting U.S. attorney for the Middle District of Tennessee, replacing Jerry Martin who left office to create a Nashville office for Robbins Geller Rudman & Dowd. Rivera is a veteran federal prosecutor who worked in federal prosecutors’ offices in Puerto Rico, Florida and New York, and has been recognized for work on prosecutions of international drug trafficking organizations as well as his work on public corruption and economic fraud cases. Knoxnews has the story.
Former Knox County Criminal Court Judge Richard Baumgartner has been sentenced to six months in jail for lying to cover up his pill-supplying mistress’ drug dealing, according to Knoxnews. U.S. District Judge Ronnie Greer refused Baumgartner’s attorneys' plea for probation, saying that not ordering Baumgartner to prison would undermine the justice system. Defense attorney Donald Bosch said he will file a motion to stay the sentence pending appeal.
The budget amendment (#271) that strips all of the state funding -- $3.3 million -- from legal aid, transfers responsibility for administration of all appointed counsel and guardians ad litem to the state public defenders conference, and eliminates funds included in the Governor’s budget amendment to make up for chronic underfunding of the Davidson and Shelby county public defenders’ offices remains on the committee's active agenda.
At the Senate Budget subcommittee meeting last night, amendment sponsor Sen. Randy McNally, R-Oak Ridge, indicated that he wants to continue discussion of the matter, but emphasized concern about the money for Nashville and Memphis. The subcommittee is expected to again take up consideration of amendments at 9:30 a.m. on Wednesday.
A bill that would create a loophole so compounding companies from all states could bypass patient-specific prescription requirements during drug shortages is being neither endorsed nor opposed by the Tennessee Health Department, the Tennessean reports. The proposal, which passed the Senate last week, would allow health care providers to obtain compounded drugs without having to identify a patient in cases where a product “is not commercially available.” The state’s chief medical officer Dr. David Reagan said the agency recognizes the difficulty of balancing measures to prevent another fungal meningitis outbreak with efforts to ease drug shortages. “You’ve got competing priorities here,” Reagan said. “You have an unprecedented number of drug shortages in this country and in this state. It is really difficult to understand how pervasive this has become. It is a real need and a real issue that is occurring at the same time as this other real need and issue about the sterility and safety of these compounded products.” The House has yet to schedule a vote.
