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 state Department of Children’ Services has disciplined three high-ranking employees on the Child Fatality Review Team for deleting child death records and leaving out “significant portions” of the team’s meeting minutes in records provided to media, the Memphis Daily News Reports. The Tennessean and other news organizations sued for the child fatality records to be released but found that the redacted records also had information removed which should have been made public.
A free training seminar for criminal justice practitioners, victim advocates, mental health therapists and other allied professionals on “Civil Justice for Victims of Crime in Tennessee” will be held in Memphis on Tuesday. The seminar will explore how victims of crimes such as sexual assault, domestic, child, or elder abuse, and identity theft can use civil lawsuits to obtain justice, hold responsible parties accountable, prevent future crimes, and obtain the financial resources victims need to rebuild their lives.
The U.S. Supreme Court’s recent ruling that police officers need a search warrant to obtain blood tests for a DUI arrest will have an impact on DUI enforcement in Tennessee, WATE reports. During times such as “No Refusal Weekends,” in which suspected drunk drivers cannot refuse sobriety tests, blood alcohol tests are a major tool for Tennessee Highway Patrol. "So that adds an extra step for them. They'll have to articulate fully the circumstances which made it necessary for them to get a blood draw," said Knox County Assistant District Attorney Sarah Keith. “It can be lengthy to get these search warrants."
A new law school ranking by Above the Law ranks schools on the quality of jobs graduates attain, alumni satisfaction and education costs. The ABA Journal notes that the ATL ranking does not differ significantly from the traditional U.S. News ranking. On both lists, Vanderbilt ranks highest among Tennessee schools at number 15.
Clergy for Justice Tennessee, a new statewide organization of religious leaders, delivered to Gov. Bill Haslam’s office a letter signed by 370 people urging him to veto Senate Bill 1248. Dubbed the “Ag Gag” bill, by the Humane Society of the United States, opponents say it is designed to prevent exposure of animal abuse by making it a crime to withhold from law enforcement any “photograph, digital image, video or similar medium” documenting cruelty to livestock within 48 hours. Haslam has 10 days to act on the bill or it becomes law without his signature. The Commercial Appeal has the story.
Funeral services have been set for attorney Susan McEwen Clark who died April 30 in Memphis. Visitation will begin at 2 p.m. Tuesday with the memorial service following at 3:30 p.m., both at St. John's United Methodist Church, on the corner of Peabody and Bellevue. In lieu of flowers, the family asks that memorials be made to St. John's United Methodist Church.
Nashville’s oldest and largest law firm, Waller Lansden Dortch & Davis, has added 17 new attorneys to its corporate, finance and restructuring, healthcare, real estate, and trial and appellate practice groups. The Wall Street Journal Market Watch profiles each new member.
Judge Tim Dwyer started the Shelby County Drug Court in 1997 to offer intensive treatment for nonviolent drug offenders with criminal cases. After his teenage cousin had been killed by a drunk driver, Dwyer said he learned the lesson that people with substance abuse issues need justice tempered with mercy. “I’m a judge. I’m sworn to uphold the law,” Dwyer said. “But all of us in the system have a responsibility to try to help people who want and need it. We’re not just trying to lock people up. We’re trying to save lives” he told the Commercial Appeal.
As part of his Law Day address, New York State Chief Judge Jonathan Lippman announced the implementation of mandatory reporting of pro bono service for all attorneys practicing in the state. The new reporting requirement took effect yesterday and includes both the number of hours of voluntary legal service performed as well as the amount of voluntary financial contributions made in support of poor and underserved clients.
Also becoming effective yesterday was an amendment to New York’s Rules of Professional Conduct, which increased the number of pro bono service hours that lawyers are “strongly encouraged to provide each year” from 20 hours to 50 hours. The Court specified, “pro bono service and financial contributions remain completely voluntary in New York.” View the full press release.
The Shelby County Public Defender's office has been chosen to receive a 2013 Training & Technical Assistance Grant supported by the Department of Justice and Bureau of Justice Assistance. The office's website reports that Shelby was one of six public defender offices chosen to receive eight months of training in client-centered advocacy techniques from the Bronx Defenders in partnership with the Center for Court Innovation.
Probate Judge David Randy Kennedy assigned Nashville resident Shannon Hill a new conservator and increased her monthly allowance, the Tennessean reports. Despite Hill’s battle to win release dating back to 2009, Kennedy declined to dissolve the conservatorship due to concerns expressed by one of her doctors. Kennedy replaced Hill’s cousin as conservator with the nonprofit Guardianship and Trust Co., which regularly handles conservatorships in his court.
District Court Judge John T. Nixon granted three former Metro Nashville Public Schools (MNPS) bus drivers a summary judgment, agreeing with the drivers’ assertion that MNPS breached their contracts. According to the Nashville City Paper, the drivers claim their year-to-year contracts were not renewed but no reason was given for their job termination, which violated their due process rights. The court case is proceeding to determine the damages that will be awarded.
The Tennessee General Assembly's decision not to extend the life of the state Judicial Nominating Commission is drawing national attention. The Gavel Grab website reports on the situation noting that the state will soon enter a period without a mechanism to replace judges who quit or retire. The website quotes Supreme Court Chief Justice Gary Wade saying that no appellate judges plan to retire before the next retention judicial elections set for August 2014. With help from senior judges and other trial judges, Wade said, “[W]e should be able to cover any illnesses or unexpected deaths throughout the remainder of the term without any undue delay to the litigants and their attorneys” at the trial level.
State Rep. Joe Carr, R-Lacasses, has officially announced he is running in the 4th congressional district GOP primary next year, the Chattanooga Times Free Press reports. Carr joins Sen. Jim Tracy, R-Shelbyville, as a challenger to embattled incumbent U.S. Rep. Scott DesJarais. “I am running for Congress because our country is in crisis and Tennesseans are hungry for strong, principled leadership,” Carr said. “The only way to change the culture in Washington is to change the men. And women we send there.”
More than a dozen constitutional amendments were introduced by lawmakers during this year’s state legislative session. Only two passed both houses and now go before voters: one proposes a prohibition of a state income tax, and the second would establish a new way of naming judges to the state Supreme Court and appellate courts. The Nashville Ledger reports that the Tennessee Constitution is designed to be difficult to change, although that did not stop legislators from trying.
On April 30, attorneys Charlotte Prather Milton and William Leon Hendricks Jr. of Shelby County were summarily and temporarily suspended. Milton failed to respond to the Board regarding a complaint of misconduct. Download the BPR notice. Hendricks was suspended upon a finding that he poses a threat of substantial harm to the public. Download the BPR notice.
Washington County lawyer Bryan Bradley Martin was summarily and temporarily suspended upon finding he failed to respond to the Board regarding a complaint of misconduct. Download the BPR notice.
IN RE: BRIDGESTONE CORPORATION, ET AL.
Court: TN Court of Appeals
Attorneys:
Steve North, Madison, Tennessee; Richard L. Denney, Lydia JoAnn Barrett, Norman, Oklahoma; Robert L. Langdon, J. Kent Emison, Lexington, Missouri, counsel for the appellants, Nos. 05C-1552 (Torres), 05C-1555 (Rodriguez), 05C-1556 (Santin), 05C-1560 (Hernandez); Douglas S. Johnston, Jr., Nashville, Tennessee, counsel for the appellants, Nos. 05C-1561 (Rivera Ruiz), 05C-1570 (Crispo Valdiva).
Stephen A. Marcum, Huntsville, Tennessee; Gregory G. Garre, Roman Martinez, Washington, DC, for the appellee, Ford Motor Company.
A. Scott Ross, James F. Sanders, Nashville, Tennessee; Marc R. Brousseau, Denver, Colorado; Scott G. Edwards, Dallas, Texas; Craig A. Morgan, Austin, Texas; Warren E. Platt, Phoenix, Arizona, for the appellees, Bridgestone Corporation and Bridgestone/Firestone North American Tire, LLC.
Judge: COTTRELL
This appeal arises out of the second consolidated case to be tried in a number of related cases involving accidents that occurred in Mexico and allegedly were caused by defective tires and/or vehicles. The trial judge denied the plaintiffs’ motion that he recuse himself. The motion was based upon allegations of the appearance of bias or prejudice. Having reviewed the filings in this appeal under the required de novo standard of review, we affirm the trial court’s denial of the motion.
As the population ages, Tennessee lawyers are being asked to assist in winding down the practice of sole practitioners who have made no plans for the continuation, transition, or retirement of their practices. Lawyers planning ahead for their own transition are also looking for guidance. Join attorneys Hugh Kendall and Marisa Combs in a special program at the TBA Annual Convention to learn the best practices in planning or handling law practice succession. Get more information now on the TBA Convention, June 12-15 in Nashville.
Annual contest challenged students to explore promise of equality for all
NASHVILLE, May 7, 2013 -- Winchester eighth grader Jonathan M. Brewer from South Middle School has won first place in a Law Day art contest sponsored by the Tennessee Bar Association, while Knoxville 10th grader Caroline Julie Rogers of Bearden High School took first place in the essay contest.
