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.
After obtaining his undergraduate degree in biomedical engineering, Hermant Gupta prepared for a promising career in medical research until he met a patent lawyer. Instead of completing his master degree as he originally intended, Gupta entered the University of Memphis Cecil C. Humphreys School of Law. He is now one of a handful of patent lawyers in private practice in Memphis. The Memphis Daily News has more in its Law Talk column.
Tennessee Attorney General Bob Cooper has announced that his office has partnered with the Homeownership Preservation Foundation to provide a free hotline to help distressed homeowners find mortgage relief programs. Residents in need of reliable information or referrals to foreclosure prevention counseling are encouraged to call the hotline at (855) 876-7283. Chattanoogan.com has more
One year after being denied accreditation by the American Bar Association, the faculty and staff at Lincoln Memorial University John J. Duncan Jr. School of Law have worked tirelessly preparing a second application due Dec. 31. In October, LMU hired a new interim dean, dropped its federal lawsuit against the ABA and began working cooperatively with the accrediting body during the reapplication process. The Knoxville News Sentinel has the story.
U.S. District Judge Emmet G. Sullivan dismissed a legal claim that Senate filibusters, a stalling tactic often used to block judicial nominations, deny majority rule in an unconstitutional fashion, Gavel Grab reports. Judge Sullivan said that Common Cause and other plaintiffs did not have a legal right to litigate the issue, and that it would infringe on the Senate’s power if the court took the case.
The opening round of the American Mock Trial Association’s 29th National Intercollegiate Tournament will be held at the Shelby County Courthouse in Memphis on March 22, 23 and 24, 2013. Attorneys in the state are invited to serve as judges for one or more of the four rounds. Informational session will be held one hour prior to each round. To volunteer or to get more information, contact Barbara Pohlmann at (901) 624-0309 or pohlmannb@rhodes.edu, or Marcus Pohlmann at (901) 843-3843 or pohlmann@rhodes.edu.
The Tennessee Supreme Court announced Friday that six attorneys have applied to fill the chancery court vacancy in the 8th Judicial District created by the death of the Judge Billy Joe White. The Judicial Nominating Commission will hold a public hearing on Jan. 18, 2013, at 9 a.m. in Tazewell to interview the follow candidates: Elizabeth C. Ashbury of Jacksboro, James L. Cotton Jr. of Oneida, Kathy Parrot of Jacksboro, Charles Patrick Sexton of Oneida, Thomas Jackson Tabor Jr. of Tazewell and Andrew R. Tillman of Huntsville. Learn more about each of the candidates on the AOC website.
Although law school application numbers are down, enrollment in non-J.D. programs at ABA-approved law schools has increased substantially, the ABA Journal reports. According to preliminary data released Friday by the ABA Section of Legal Education and Admissions to the Bar, schools have experienced a 52 percent increase in enrollment over the last 12 years, and a 39 percent increase in just the past seven years. Popular programs include those for nonlawyer professionals who want to learn about basic concepts in the law or about the legal and regulatory environments that apply to their field of work, and lawyers who want to pursue additional degrees, such as a master of laws, to develop expertise in a particular practice area.
Tennessee Senate Speaker Ron Ramsey of Blountville will join the Legislative Leaders Advisory Board of GOPAC in 2013, reports the Nashville Ledger. Formed in 1978, GOPAC is a conservative political group that recruits and trains Republican political candidates. According to Ramsey, the group was crucial to his early success in the legislature.
The American Bar Association will hold a Town Hall Discussion “Advocating for Equality in the Next Generation – Disability Rights” at Vanderbilt University Law School on Jan. 25, 2013, in the Moore Room. The ABA Town Hall Series is designed to encourage dialogue among law students, young lawyers, experienced members of the bar, and others in the community about how the legal profession should address issues of inequality, intolerance and discrimination in the profession and in society. Paula Pearlman, executive director of the Disability Rights Legal Center will be the keynote speaker. Registration is free. Please RSVP by Jan. 23 to irr@americanbar.org
The Tennessee Supreme Court has upheld a lower court’s decision that death row inmate David Keen may not reopen his post-conviction proceeding 19 years after his original death sentence to assert he is intellectually disabled. In an opinion authored by Justice William C. Koch, the court ruled that the statute permitting inmates to reopen their post-conviction proceedings did not apply to Keen’s claims since the statute allows reopening a proceeding when there is scientific evidence that an inmate is “actually innocent of the offense,” and Keen was not claiming that he did not commit the crime for which he was convicted.
The American Bar Association is reporting that unless Congress takes action before Jan. 1, 2013, FDIC insurance available to IOLTA accounts will be $250,000 per owner of the funds (client), per financial institution, assuming that the account is properly designated as a trust account and proper accounting of each client's funds is maintained. Non-interest-bearing trust accounts also will have this level of coverage. For the last two years, IOLTA accounts have enjoyed unlimited FDIC insurance coverage but that protection is set to expire on Dec. 31. The ABA Governmental Affairs Office says it appears unlikely that lawmakers will take any further action on the issue this year. Learn more about the issue from the FDIC.
Still need CLE credit? The TBA has options. Join us for our annual Year End CLE Blast on Dec. 26, 27, 28 and 31 to get live credit, or take one of our many online programs at any time. The Blast, offered at the bar center in downtown Nashville, features three tracks of dual and general credit programs as well as educational games. Programs will run from 7 a.m. to 7 p.m. each day. For questions about the Blast call the TBA at (615) 383-7421.
Election watchdog organizations are urging the Justice Department and Federal Election Commission to investigate more than $12 million in campaign contributions to a prominent tea party group that passed through two Tennessee companies. The organizations said the donation was the largest anonymous political donation of the year and appeared to violate federal law prohibiting individuals from making campaign contributions in the name of another person. The groups also allege that the Knoxville lawyer who registered the companies may have violated laws by failing to identify them as political committees and file financial statements for them. The Memphis Daily News has the story.
Davidson County attorney C. LeAnn Smith received a public censure from the Board of Professional Responsibility on Dec. 12. On June 11, Smith was convicted of driving under the influence. The board determined that her actions violated Rule 8.4(b) of the Rules of Professional Conduct. Download the BPR notice
Blount County attorney Stanley R. Barnett received a public censure from the Board of Professional Responsibility on Dec.12 for failing to file a motion for a new trial after his client was convicted. The board found that this failure resulted in the waiver of all issues for appeal except sufficiency of the evidence and sentencing. After the client filed a pro se notice of appeal, Barnett filed an appellate brief but failed to consult the client first, which created additional challenges for the client. Download the BPR notice
In the aftermath of last week’s mass shooting at Sandy Hook Elementary School in Newtown, Conn., state Sen. Frank Niceley, R-Knoxville, said he plans to introduce legislation in January that will require every school in the state to have at least one armed person on campus, according to The Tennessean. A growing number of states have proposed similar legislation, including laws allowing teachers and school administrators to carry concealed firearms at school, the paper reports.
The Tennessee Supreme Court recently granted review to two cases. The first, a civil case, looks at whether a time-share salesperson is entitled to unemployment compensation. The second, a criminal case, calls for interpretation of the statute governing fabrication of evidence when the tampering occurs before police learn a crime may have been committed. The Raybin Perky Hotlist looks at the cases and offers a prediction as to how they may be decided.
Republican State Rep. Joe Carr from Lascassas announced today that he is forming an exploratory steering committee to test the viability of a campaign for Tennessee’s 4th Congressional District. That seat currently is held by U.S. Rep. Scott DesJarlais. Carr said he made the move because voters have told him their trust in DesJarlais has been violated. Chattanoogan.com reported the news.
The Metro Council gave final approval to a buyout program for city workers, proposed last month by Nashville Mayor Karl Dean, the Nashville City Paper reports. Nearly 2,600 employees will be offered $700 for each year of credited service with the city, meaning a 25-year employee would receive $17,500. The program is billed as a chance for department heads to “reassess personnel needs and look for savings” in an effort toward a streamlined, more efficient government, Dean stated.
The Tennessee Supreme Court this week issued two new orders suspending Tennessee-licensed attorneys who did not pay their 2012 registration fee to the Board of Professional Responsibility and/or did not file a mandatory compliance statement that eligible client funds are held in accounts participating in the Interest on Lawyers' Trust Accounts (IOLTA) program. Lawyers who since have complied with the requirements are noted as reinstated. See the updated lists and download the orders
