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 Tennessean today followed up on the discussion of whether a new federal courthouse is needed in Nashville, quoting U.S. Rep. Jim Cooper, who said a report critical of the project overlooks some of the ways in which the current court building is outdated. Cooper, a Democrat who has made fiscal conservatism his calling card in Congress but has long pushed for a new federal courthouse in Nashville, told the newspaper that, “We played by the rules. We haven’t elbowed our way in the federal line. We shouldn’t be punished for that.”
The U.S. Senate passed the Marketplace Fairness Act yesterday by an easy 69-27 vote. But the bill faces an uphill battle in the House, the Memphis Business Journal reports. The measure would allow for the collection of state sales tax on most Internet purchases. Under current law, retailers have to collect taxes only in states where they have a physical presence. The bill also attempts to address concerns that the new requirement will burden small businesses by exempting retailers that sell less than $1 million worth of goods. Some online retailers say that exemption is too small. In a statement issued after the Senate vote, for example, eBay pledged to push the House to raise this exemption to $10 million in sales or 50 employees.
An 86-year-old Nashville woman has become the fourth victim of the fungal meningitis outbreak to file suit against Saint Thomas Outpatient Neurosurgical Center, The Tennessean reports. In a complaint filed late last week, attorneys for Virginia Neely allege that she was sickened after getting two injections of a tainted spinal steroid. She is seeking $3 million in compensatory damages. Neely previously sued the New England Compounding Center, the company blamed for shipping the tainted medicine. That suit, however, has been put on hold because the company has filed for bankruptcy. Neely’s suit is expected to be sent to Judge Joe P. Binkley Jr., who already is handling the three previously filed cases.
Lawyers for the Department of Children’s Services say they will appeal a judge’s ruling limiting how much the agency can charge for records of children who died or nearly died in its care. Instead of the 50-cent per page cost ordered by Davidson County Chancellor Carol McCoy, lawyers for the state argue the department will spend thousands of dollars to hire, train and supervise contract paralegals to review the records before making them public. By its internal calculations, DCS predicts it will cost $5 a page or an average of $212 for each case to produce the records.
Jobs in the legal sector are at their highest level in four years according to new data from the U.S. Bureau of Labor Statistics. Details released Friday show gains in the last two months as the legal sector added 2,100 jobs in April and 3,500 jobs in March (up from a predicted increase of 2,000 jobs). The total number of legal jobs now stands at 1.13 million, up by 10,000 from April 2012. At its pre-recession high in May 2007, the legal sector had 1.18 million jobs. AM Law Daily summarizes the findings.
The Tennessee Department of Mental Health and Substance Abuse Services will create nine recovery courts to combat mental health and substance abuse issues across the state by combining services currently found in drug courts, mental health courts and veterans’ courts. A department spokesperson said the decision to combine resources was based on the fact that so many people dealing with substance abuse also have a mental health issue. Locations have not yet been determined for the courts, but the department says it has been working with community leaders, law enforcement and the treatment community to identify the best places for the new resources. The Chattanoogan has more.
Members of Tennessee’s Access to Justice community will gather in St. Louis this week for the 2013 Equal Justice Conference, sponsored by the American Bar Association and the National Legal Aid & Defender Association. The annual event draws lawyers, law students, members of the judiciary and other supporters of access to justice work from across the country. The conference will include sessions on innovations in technology, collaborations, research and resource management, and tangible ways to increase the capacity of pro bono programs and those supporting pro se litigants.
Sonja White, managing attorney of Memphis Area Legal Services’ (MALS) Family Law/Domestic Violence Unit, died this past Saturday (May 4). She was 49. Visitation will be Thursday from 6 to 8 p.m. Funeral services will take place at 11 a.m. on Friday. Both will be held at the East Side Baptist Church, 3232 Covington Pk., Memphis 38128 according to the Memphis Bar Association. White graduated from Hofstra University School of Law and was president of the Memphis Area Women’s Council and a member of the Memphis Bar Association. She previously chaired the Memphis & Shelby County Domestic Violence Council, and served on Shelby County Unified Family Court Task Force in 2007. She joined MALS in 2001. Last year, White sat down with the Memphis Commercial Appeal and talked about her work.
Tennessee Supreme Court Justice Sharon Lee will receive the Lizzie Crozier French Women's Leadership Award on June 14 at the East Tennessee Women's Leadership Summit in Knoxville. Lee is being recognized for supporting and empowering women advancing in society, the Knoxville Daily Sun reports. The award is named for French, who fought for women’s suffrage and was the first woman to address the Tennessee General Assembly and run for the Knoxville City Council. Lee is a past president of the East Tennessee Lawyers’ Association for Women, board member of the Tennessee Lawyers’ Association for Women and the first woman to serve on the Eastern Section of the Tennessee Court of Appeals. Registration information for the event is available online.
John Harris, executive director of the Tennessee Firearms Association, is urging members to “refocus efforts to remove” lawmakers who oppose gun rights, and state Sen. Brian Kelsey, R- Germantown, is at the top of that list, The Tennessean reports. Others targeted for removal by the group are senators Lowe Finney, D-Jackson, Doug Overbey, R-Maryville, Lt. Gov. Ron Ramsey, R-Blountville, and John Stevens, R-Huntingdon; and state representatives Vance Dennis, R-Savannah, and House Speaker Beth Harwell, R-Nashville.
TBA YLD district representatives are busy planning public and legal service projects across the state as part of the group's annual Statewide Public Service Day. Projects range from fundraisers for local charities and CASA agencies to pro bono projects to general service to the community. See a list of current projects and watch for more details and additional events as they become available here.
TBA Young Lawyers Division (YLD) district representatives are holding their annual service projects across the state and getting media coverage for their efforts. In Knoxville, young lawyers will provide free wills for first responders at a Wills for Heroes clinic on May 18. Knoxnews reports on the event and how to get involved. In upper East Tennessee, young lawyers are sponsoring a Bears from the Bench project to collect new stuffed animals for local juvenile court judges to give to abused and neglected children who appear in their courtrooms. Donations may be made throughout the month of May. Learn more about the effort and see a list of law firms participating on Tricities.com.
The TBA Young Lawyers Division has announced this year's Law Day Art & Essay Competition winners. Winchester eighth grader Jonathan M. Brewer from South Middle School took first place in the art contest, while Knoxville 10th grader Caroline Julie Rogers of Bearden High School won first place in the essay contest. This year’s theme "Realizing the Dream: Equality for All,” asked students to explore civil and human rights movements in America and the impact they have had in promoting the ideal of equality under the law.
Tennessee attorneys from across the state gathered over the weekend to learn about the Tennessee Bar Association and how to be successful leaders of the sections and committees they will head during the upcoming TBA membership year. The group also heard from TBA President-Elect Cindy Wyrick, who outlined her priorities for the coming year and gave a preview of some of the initiatives she will be pursuing. Wyrick, as well as the new committee and section chairs, will take office at the TBA Annual Meeting in June. See photos from the event.
Paper notices went out last week from the Tennessee Department of Revenue reminding lawyers that the 2013 professional privilege tax must be paid electronically by June 1. For a step-by-step guide to electronically filing an individual return visit the department's website. Companies filing and paying for multiple individuals can get details here. The department will not mail a Professional Privilege Tax Return for the $400 tax due next month. Questions should be directed to the Electronic Commerce Unit at (866) 368-6374 for in-state calls or (615) 253-0704 for Nashville and out-of-state calls. Download the notice.
The Sumner County Teen Court program will host its annual scholarship benefit dinner and silent auction on Thursday. The event will take place at Hendersonville Christian Academy, 355 Old Shackle Island Rd., Nashville 37075. Tickets are $15 and can be purchased by contacting Tammy Kellogg at (615) 451-6035. The annual event honors the legacy of Mary Ann Williams, who spent 20 years with the Department of Children Services and was instrumental in creating the state’s first teen court in Sumner County, the Tennessean reports.
Robertson County has agreed to changes at its jail after a federal investigation found constitutional rights violations. The Nashville City Paper reports that the U.S. Department of Justice filed the civil rights complaint against the county as well as a settlement agreement on April 26. The agreement lays out a plan to bring the Robertson County Detention Facility up to standards through policy, training and employment changes. The department’s 2011 investigation found problems involving inadequate food, mental health care and supervision of inmates on suicide watch. But it praised the county for expeditiously responding to complaints and taking corrective actions.
Tennessee attorneys from across the state came together May 3-4 to learn about the Tennessee Bar Association and how to be successful leaders of the sections and committees they will head during the upcoming TBA membership year. The group also heard from TBA President-Elect Cindy Wyrick, who outlined her priorities for the coming year and gave a preview of some of the initiatives she will be pursuing.
Butler Snow O'Mara Stevens & Cannada has opened its new office and conference center at The Pinnacle at Symphony Place. The law firm occupies two floors and more than 46,000 square feet in the new downtown building. According to the Nashville Business Journal, Butler Snow is the sixth-largest law firm in Nashville, with more than 40 local attorneys. See a slideshow of the office on the journal’s website.
Federal public defender Beth Ford writes in Knoxnews.com over the weekend that all federal defender offices have had their budgets cut by more than 10 percent and most will furlough staff from 13 to more than 30 days because of the sequester. She argues that the impact of the cuts on the courts and Americans’ constitutional rights are devastating. For the courts, she predicts the effect will include a delay in cases, new ineffective assistance of counsel claims, convictions set aside and creation of an uneven playing field between prosecutors and defenders, who no longer will be able to hire their own experts. While the nation celebrates the 50th anniversary of the U.S. Supreme Court’s decision in Gideon vs. Wainwright, Ford warns that if these predictions prove true, Gideon “will become just another empty promise.”
