News

TBA Convention in Kingsport is Just Around the Corner

Registration is open for the 2017 TBA Annual Convention. This years programming offers plenty of opportunities to make new friends and renew acquaintances with colleagues from across the state. The highlight comes Thursday night with the Kingsport Karnival at the downtown Farmers Market. Along with fabulous food and drink, there will be live music from two bands, an aerialist, juggler, magician, body and face painters, caricaturist and more. Plus, you'll have access to the fabulous Kingsport Carousel, the delightful project of community artisans. Special thanks to Eastman for support of this event! 

This years convention also offers 12 hours of CLE programming, highlighted by sessions on the Hatfields and McCoys, The Neuroscience of Decision-Making, and the popular Better Right Now wellness program. It is all set at the beautiful MeadowView Marriott Conference Resort & Convention Center. To receive the TBA $129 room rate, you must book your reservation by May 23. Book your room online now or call 423-578-6600.

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Call For Submissions — Law Practice Pointers

One of the benefits of being a TBA Section Member is having access to information from experienced practitioners to assist in your day-to-day practice. The sharing of this information amongst colleagues is one of the best traits of the profession. It is also a way of helping each other to maneuver the evolving legal market and strengthen your legal practice.

How can you help your fellow Section Members?  If you have some Law Practice Pointers you would like to share with your fellow section members, write an article between 300-500 words and submit it to the Section Coordinator for review and approval. These Law Practice Pointers can be related to a court opinion, piece of legislation, or current event or industry trend that affects the practice of law as it relates to the specific Section. The main requirement is to make sure the article gives lawyers practical tips, based on experience, to include in their day-to-day practice.

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Third-Party Litigation Trend Growing

Commercial third-party litigation financing has grown from an uncommon occurrence in the 90’s — estimated at maybe $100 million worth of funding — to a $4 billion industry with at least 30 dedicated funders in 2017, the Memphis Daily News reports. This type of litigation is seen by funders as a way to diversify their investments, but it has drawn criticism from some, who suggest the financing helps “unmeritorious cases" move ahead because it spreads risk across a broad portfolio of litigation. Memphis attorney Lucian Pera offered a counterpoint, noting “Nobody puts $1 million into a $10 million claim if they’re not convinced there’s some merit there.”
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CLE Outlines How to Change Your Practice to Meet Market Demands

The fourth and final CLE in the “Modern Law Practice Series” will explore emerging trends in the delivery of legal services and how focusing on consumer behavior could benefit your law firm. This session will examine the ways in which consumer-facing companies like Avvo and LegalZoom have capitalized on tailoring services to the needs of the modern legal client and how you can adjust your practice to meet those same demands. The program will be held April 13, and will be available in person and on-demand.

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Register Today for the TBA Immigration Law Section Business Immigration Investment Seminar

I want to update you and provide additional information about the Business Immigration Investment Seminar on April 7 that the TBA Immigration Section is sponsoring.

In addition to the traditional U.S. Government Forum/Seminar that the TBA Immigration Section gives every year (with CIS, ICE ERO, ICE Counsel), we decided that this year we would give a Business Immigration Investment Seminar due to the fact that Tennessee has been the number one state for the past three years for international investment.

We have created a three-hour afternoon seminar/forum with three panels covering business immigration investment issues from the varying perspectives of the government sector, private industry/company sector, and cross border/financial services sector, with the following speakers:

1) State, Federal & International Government Perspective(s) Panel, including:

  • The Tennessee Economic Development Office (Nashville);
  • Director of Appalachian EB5 Regional Center (Asheville, North Carolina);
  • Director of Bluegrass International Fund EB5 Regional Center (Louisville); and
  • Director General of British Consulate (Atlanta).

2)      State, National and International Company Perspective(s) Panel, inlcuding the:

  • Executive/Director GE Power (Chattanooga);
  • President of Astra Services (Coral Springs, Florida);
  • President of Business Strategies/Plans (Miami); and
  • Note: A VW executive is also tentatively scheduled.

3)      State, National & International Cross Border and Financial Services Perspective(s), including the:

  • Director of FedEx E-Commerce (Memphis);
  • Financial Advisor of Merrill Edge/Bank of America (Chattanooga); and
  • Partner of International Tax Firm (Washington, D.C.). 

This seminar will be held at the Tennessee Bar Center in Nashville on April 7 from 1 p.m. through 4:15 p.m.  Additional information — along with registration details — can be found on the TBA.org website.

— Terry Olsen is chair of the TBA immigration Law Section

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Class Action Litigation Bill Passes Despite ABA Opposition

Despite the American Bar Association’s opposition, the U.S. House yesterday passed the Fairness in Class Action Litigation Act of 2017, the ABA Journal reports. The bill requires federal courts to deny class-action certification unless every one of the proposed class members affirmatively demonstrated they have “suffered the same type and scope of injury” as the named plaintiffs. This morning the House also passed the Lawsuit Abuse Reduction Act of 2017, which amends Rule 11 of the Federal Rules of Civil Procedure to require judges to sanction attorneys who file lawsuits deemed to have no merit. 
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Davidson County Chancery Court Launches E-Filing

Electronic case filing is now available in Davidson County Chancery Court. The court has implemented a program called Odyssey eFileTN, which allows users to open cases and file documents with the Davidson County Chancery Court from anywhere via a secure website. Davidson County is only the second county in Tennessee to implement e-filing in a state trial court. Learn more about the program, access rules or register for e-filing at the Odyssey eFileTN website.
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ABA Opposes Class-action Reform Legislation

The American Bar Association sent a letter to Congress this week in opposition to the Fairness in Class Action Litigation Act of 2017, the ABA Journal reports. Governmental Affairs Office Director Thomas M. Susman said the bill would “make it more difficult for large numbers of injured parties to efficiently seek redress in court; and place added burdens on an already overloaded court system.”
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ABA Opposes Class-action Reform Legislation

The American Bar Association sent a letter to Congress this week in opposition to the Fairness in Class Action Litigation Act of 2017, the ABA Journal reports. Governmental Affairs Office Director Thomas M. Susman said the bill would “make it more difficult for large numbers of injured parties to efficiently seek redress in court; and place added burdens on an already overloaded court system.”
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From Fees to Dogs in Court, March TBJ Has It

In the March Tennessee Bar Journal, Tim Warnock explains last year's Supreme Court decision about assessing fee applications. Commissioner Robert Hibbett and Justin Hickerson give you the scoop on a "court" you may not even know the state has: the Tennessee Claims Commission. On its 190th anniversary, Russell Fowler looks back at how Chancery Court got started in Tennessee, and Wade Davies explains using the summary rule to advance your trial theory. Humor columnist Bill Haltom recalls a dog who presided over a courtroom, and considers taking his own dogs with him to try his next case.

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Suit Accuses Firm of Preying on Woodmore Family

A lawsuit filed today accuses law firms of taking advantage of victims of the Woodmore school bus crash, the Times Free Press reports. The suit was filed against Durham School Services, the private company responsible for the school system’s bus staffing, and includes claims of a Georgia law firm that illegally visited the father of one of the victims in jail and made empty promises.
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Suit Accuses Firm of Preying on Woodmore Family

A lawsuit filed today accuses law firms of taking advantage of victims of the Woodmore school bus crash, the Times Free Press reports. The suit was filed against Durham School Services, the private company responsible for the school system’s bus staffing, and includes claims of a Georgia law firm that illegally visited the father of one of the victims in jail and made empty promises.
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Suit Accuses Firm of Preying on Woodmore Family

A lawsuit filed today accuses law firms of taking advantage of victims of the Woodmore school bus crash, the Times Free Press reports. The suit was filed against Durham School Services, the private company responsible for the school system’s bus staffing, and includes claims of a Georgia law firm that illegally visited the father of one of the victims in jail and made empty promises.
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Nashville Judge Rules Against ‘Eyesore’ Scrap Metal Yard

A federal judge in Nashville ruled against the scrapyard PSC Metals in a dispute between the company and its landlord, the Nashville Post reports. The two parties disagreed over an appraisal of the property, with the landowners believing that the appraisal should take into account what the land could be worth if it was rezoned from industrial to mixed use. Mayor Megan Barry has called the scrapyard an “eyesore” and former mayors have attempted to redevelop the property in the past.
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TBA Mashup and Mini Legal Hackathon this Friday

In conjunction with the Law Tech UnConference CLE this Friday, the TBA is also offering a variety of free events and programs for lawyers we’re calling a Mashup. One program will teach you about Legal Hackathons and see one in action. A Legal Hackathon is a collaborative effort of experts in the legal profession collaborating with a computer programmer to find a technology assisted solution to a problem in the legal industry. Join the TBA Special Committee on the Evolving Legal Market for a mini legal hackathon that will demonstrate the power of collaborative minds at work. We will have tasty beverages and snacks to help you get your collaborative juices flowing.  
 
Other programs that will be a part of the Mashup include Pro Bono In Action which will show you various pro bono programs you can participate in to help your fellow Tennesseans and Member Benefit Programs that will provide you information on  Fastcase 7, health insurance options for small firms, ABA retirement funds and professional liability insurance.
 
Please sign up now to let us know you are coming.

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Harassment Suit Seeks $9.3 Million from Knox County

A Knox County woman is seeking $9.3 million in a suit filed today that claims her boss at the county procurement office sexually harassed her, Knoxnews reports. Janice Orr originally filed a formal harrassment complaint against her boss, Hugh Holt, in August of last year. After a series of interviews with county employees, the investigative body recommended Holt be terminated in October. Holt was then immediately hired by the Knox County Sheriff’s Department at a higher salary.
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Tennessee Supreme Court Rules in Teacher Tenure Case

The Tennessee Supreme Court yesterday ruled against Rogelynn Emory, a former tenured Memphis teacher who was fired in 2005, the Tennessean reports. The case centered on whether the Memphis City Schools Board of Education (now Shelby County Board of Education) had potentially violated the Tennessee Teacher Tenure Act by holding Emory’s appeal hearing more than 30 days after her suspension. The court’s ruling didn’t address whether the law requires, or merely recommends, that a termination hearing should be held within 30 days after termination proceedings begin. Rather, the court said that because Emory didn’t raise concerns about the timing during her hearing before the Memphis school board, she was barred from arguing it on appeal. 
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Federal Clean Water Lawsuit Against TVA Set for Pretrial Motions

The Nashville Scene has an in-depth cover story about the lawsuit against the Tennessee Valley Authority (TVA), which is set for pretrial motions next week in U.S. District Court. Judge Waverly Crenshaw will hear the suit, which centers around the Gallatin Fossil Plant, located on the banks of the Cumberland River, and the way TVA stores the facility’s toxic coal ash byproduct. Environmental groups are concerned about potential contamination to the Cumberland and the area surrounding the site.
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Have You Heard About the TBA Mashup?

Interested in observing a legal hackathon or getting a hands-on demonstration of the new Fastcase 7 platform? Both will be part of the first TBA Mashup, a full-day of activities and free programming set for Feb. 17 at the Tennessee Bar Center in conjunction with the annual TBA Law Tech UnConference CLE program.

In addition to the hackathon and Fastcase 7 demo, the TBA Mashup will feature sessions on: 

  • Current State of Health Insurance for the Small Firms
  • Professional Liability Insurance - What to look for in YOUR Policy
  • A Demo of Fastcase TopForm, a powerful bankruptcy filing software
  • Retirement Planning Guidance from the ABA Retirement Funds
  • Pro Bono in Action: How to help with pro bono events and how to take part in online options

At the annual TBA Law Tech UnConference CLE program, you can take as many or as few hours as you need. Registration will be open all day. Payment will be determined at checkout based on the hours you need. Topics will include: 

  • Bill & Phil Tech Show
  • Ethical Considerations for Cyber Security in Law
  • Evolution of the Legal Marketplace
  • Making e-Discovery Affordable 
  • Drone Law
  • Encryption for Lawyers

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Have Comments About the Business Court Docket Project? We Want to Hear Them

Dear TBA Litigation Section Member,

The Tennessee Bar Association has recently been asked by the AOC to weigh in on the effectiveness and/or success of the Business Court Docket Project currently operating in Davidson County Chancery Court, Part III. For those of you not familiar with the project, here's a detailed overview that appeared in the Tennessee Bar Journal by Supreme Court Justice Sharon Lee and Chancery Court staff attorney Justin Seamon.

In order to properly evaluate the project, we would very much appreciate hearing your thoughts and opinions concerning the Business Court. Your feedback will be used as part of the Tennessee Bar Association’s overall review of the Business Court’s success and perception among our members.

If you are interested in sharing comments, please submit them by Jan. 5 to TBA Section Coordinator Christy Gibson, with "Business Court" in the subject line.

I personally thank you in advance for your assistance in this endeavor.

Sincerely,

Andy McCall
TBA Litigation Section Chair

 

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Turn Your Expertise into a Magazine Article

It’s no surprise that some of the best articles in the Tennessee Bar Journal have come from TBA section members. Your membership in this section shows that you have a keen interest in trends, developments and case law in this practice area. Sharing this knowledge with your colleagues is one of the best traits of the profession.
 
How can you become a Journal author? Think of and refine your topic. It should be of interest to Tennessee lawyers, which is a broad criteria. This could mean you might explain a new state law, explain a complicated area of law, or take a larger issue and connect it to what it means for Tennessee attorneys and the justice system. Find a global issue within your particular experience or knowledge and tell about it and how it affects Tennessee law. Then take a look at the writer’s guidelines, which will tell you about length, notes and other details. Once it’s in the proper format, send it in! It goes to the editor, Suzanne Craig Robertson, who will then get it to the seven members of the Editorial Board for review.
 
If you are published, you may apply for CLE credit for your work under Supreme Court Rule 21 Section 4.07(b). For details on claiming the credit, check with the Tennessee Commission on Continuing Legal Education or access an Affidavit of Sole Authorship or an Affidavit of Joint Authorship from the Commission's website.

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Court Adopts 2017 Rules Package

The Tennessee Supreme Court today published the 2017 amendments to its rules of procedure and evidence. Proposals include changing the place for filing a notice of appeal to the appellate clerk’s office, requiring payment of fees and taxes to the appellate court clerk at the time of initiation of an appeal, and other changes to the rules of appellate procedure, civil procedure, criminal procedure and juvenile procedure, as well as the rules of evidence. Six TBA sections – Appellate Practice, Litigation, Tort and Insurance Law, Criminal Justice, Family Law, and Juvenile and Children’s Law reviewed the rules when proposed and either found no objections or supported the changes. The proposals now go to the legislature for ratification before becoming effective on July 1.

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CBA: Lawyers Should Not Contact Bus Families for 30 Days

The Chattanooga Bar Association (CBA) is calling on lawyers not to contact families of the Woodmore Elementary School bus tragedy for 30 days from the date of the crash. CBA Executive Director Lynda Minks Hood tells Chattanoogan.com that the Rules of Professional Conduct “explicitly prohibit direct unsolicited contact from a lawyer or an intermediary within 30 days” of an event like the school bus crash. Exceptions are made when a lawyer has a family, close personal, or prior professional relationship with the victim and the victim’s family, she says. The paper reports that five lawsuits related to the crash already have been filed in Circuit Court.

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TBA Activates Disaster Legal Assistance for Wildfires

In response to the wildfire disasters in Gatlinburg and Sevier County, the TBA is partnering with the Tennessee Alliance for Legal Services (TALS), Legal Aid of East Tennessee (LAET) and the Supreme Court's Access to Justice Commission to help those affected with their legal needs. Attorneys who want to help can access training resources and other materials on the TBA's Disaster Legal Assistance page. Legal clinics and outreach related to losses from the fires are anticipated and volunteers will be needed. For more information or to volunteer in the area, contact Kathryn Ellis at Legal Aid of East Tennessee. Those who are not in the area but still want to help can volunteer to answer online questions at TN Free Legal Answers or respond to calls on the HELP4TN helpline. The TBA's Young Lawyers Division Disaster Relief Committee has also been activated and will be assisting with volunteer recruitment and coordination efforts. To volunteer, complete the Disaster Legal Assistance Volunteer Form. If you know someone in need of legal assistance, please have them call the legal helpline at 844-HELP4TN, or visit help4tn.org.

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What Would You Like to See in the TBA Litigation Connect?

Are you interested in reading about a particular topic in the next TBA Litigation Section Connect?  Do you have an article you would like to submit?  The section is looking for contributors to submit articles, case law updates, legislative updates or recommendations for topics. If you would like to submit an article or an idea, please feel free to contact TBA Section Coordinator Christy Gibson.

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