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.
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.
TennBarU's "Traps for the Unwary -- Common Challenges Facing Business Lawyers in Tennessee" covers four key areas of challenge for Tennessee business lawyers in today’s competitive and complex practice environment: filings with the Tennessee Secretary of State; practice under the Tennessee Business Corporation Act; practice under the Tennessee Limited Liability Company Act; and intellectual property ownership in the context of business formations. Through panel discussions, the presenters will expose incomplete and unclear elements of law in these key practice areas and share their “practical and prudential wisdom.” Specifically, in each area, the panelists will describe common issues faced by business law practitioners in Tennessee and share their insights on how to best resolve those issues. The May 6 Nashville program is designed to be useful for both transactional lawyers and litigators practicing in both public and private practice settings.
GOPAC, the Republican Party’s education and training center, has named Sen. Mark Green, R-Clarksville, as one of the nation’s 21 “Emerging Leaders” for 2013. According to the Leaf Chronicle, the “Emerging Leaders” program is a yearlong initiative by GOPAC to coach, develop and promote promising state legislators. Green and the other honorees will attend an “Emerging Leaders’ Summit” in New York City, where they will take part in interactive seminars, leadership training and networking opportunities.
You're not crazy -- your job really IS more stressful than most. In the May Tennessee Bar Journal read the science behind thriving and well-being from David Shearon, as well as personal stories from your colleagues, Lisa Ramsay Cole, Sherie L. Edwards, Mary Griffin and Linda Warren-Seely. In Cole's article, read about the lifestyle transformations of Jason Long, Bill Harbison and John Tarpley. On the flip side of wellness and habits that are good for you, columnist Bill Haltom sides with Mississippi over his Constitutional right to buy a huge sugary orange soda.
The East Tennessee Lawyers Association for Women (ETLAW) held its annual Supreme Court Luncheon today honoring the justices and their work on behalf of the state. Each of the justices were scheduled to attend, with Chief Justice Gary Wade as the featured speaker. During the event, TBA Board of Governors member Tasha Blakney received the Spirit of Justice Award.
Gov. Bill Haslam signed the state’s new workers’ compensation reform into law this week. The law overhauls the system by moving disputed cases out of the courts and into a new state agency overseen by a governor-appointed administrator. Supporters said the changes will make the system more fair, certain and efficient, while opponents slammed it as taking money away from injured workers. The Tennessean has the story.
Coffee County commissioner Barry West’s anti-Muslim Facebook post outraged a number of national and local Islamic advocacy groups who are calling for an apology. Although he removed the offending photo, West said he didn’t understand why he was being “singled out” for posting it. The American Muslim Advisory Council, a statewide council devoted to promoting understanding between Tennesseans and Muslims, tweeted a screen shot of West’s post and encouraged people to call him and demand he apologize. “Regardless of whether you have Muslim constituents or not, you shouldn’t post this," said Drost Lokoye, a council board member. "A shotgun with a wink behind it? I feel threatened. This is not OK." The Tennessean has the story.
More than 500 Nashville lawyers gathered for the Annual Nashville Bar Association Law Day Luncheon with the theme, Realizing the Dream: Equality for All. U.S. Rep. Jim Cooper proposed a 28th Amendment to the U.S. Constitution guaranteeing the right to vote in his Law Day remarks. Nashville lawyer David Raybin was the recipient of the Jack Norman Award, the highest award the NBA can give to a lawyer who practices primarily in the criminal justice system. Former Nashville Juvenile Court Judge Andy Shookhoff received the Liberty Bell Award for his work in advancing juvenile justice.
The legal business climate in the South is booming according to the National Law Journal's Southern Report. Increasingly diverse local economies are helping legal professionals across the southern region recover from the recession. Nashville especially has become the “It” town of the moment, the report states. According to the most recent National Law Journal data, the 250 largest firms in the United States had 478 offices in the Southeast. Nashville’s Waller Landsen Dortch & Davis and Bass, Berry & Sims were ranked at numbers nine and 13, respectively, as the biggest of those offices by full-time equivalents. View the full list here.
Gender equality is the theme of an American Bar Association Law Day program tonight in Washington D.C., the ABA Journal reports. An ABA press release says the event will focus on topics such as realizing constitutional equality for women and appropriate roles of courts, legislatures and advocacy groups in advancing gender equality in our constitutional democracy. President Barack Obama issued a proclamation yesterday recognizing the Law Day theme of equality for all, and noting historical milestones such as the Emancipation Proclamation, Martin Luther King’s call for equality, the Civil Rights Act and other rights legislation.
Students challenged to produce videos on the importance of a fair and impartial judiciary are being honored by the Tennessee Bar Association (TBA) as a part of the national Law Day celebration. Middle and high school students from across Tennessee produced three-minute videos exploring the role of the judiciary, with a focus on issues related to separation of powers and protection of individual rights. The 2013 theme, “The Least Dangerous Branch: The Importance of a Fair & Impartial Judiciary,” centered on Alexander Hamilton’s premise in Federalist Paper No. 78 that judiciary is “the least dangerous” branch of government because it “has no influence over either the sword or the purse.”
Annual contest challenged students to explore the importance of a fair and impartial judiciary
NASHVILLE, May 1, 2013 — Students challenged to produce videos on the importance of a fair and impartial judiciary are being honored today by the Tennessee Bar Association (TBA) as a part of the national Law Day celebration.
