News

Lawsuit Alleges Student was Expelled for HIV Status

A lawsuit filed against a Knoxville trade school alleges that the college’s dean removed a student from its cosmetology program after she disclosed she had been diagnosed with HIV as the result of a rape, the Knoxville News Sentinel reports. Civil rights attorney Troy Bowlin filed the $25 million suit on behalf of a student against Virginia College and the school’s dean, Christine Adams. The suit further alleges that school administrators publicly humiliated the student by disclosing her status to classmates.
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Southeast Complex Litigation Forum Set for Sept. 7

 
The Southeast Complex Litigation Forum, a TBA CLE offering four general credits, will be Sept. 7 at the Tennessee Bar Center in Nashville. The seminar will cover the latest developments in mass torts, class actions and multi-district litigation (MDLs). You will learn from national litigators about the latest in cutting-edge aggregate litigation, including emerging litigation involving opioids, medical devices, pharmaceutical drugs and consumer products. The discussions will also include litigation tips and best practices on how to approach discovery in the post-proportionality world. Learn more and register here.
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Southeast Complex Litigation Forum Set for Sept. 7

 
The Southeast Complex Litigation Forum, a TBA CLE offering four general credits, will be Sept. 7 at the Tennessee Bar Center in Nashville. The seminar will cover the latest developments in mass torts, class actions and multi-district litigation (MDLs). You will learn from national litigators about the latest in cutting-edge aggregate litigation, including emerging litigation involving opioids, medical devices, pharmaceutical drugs and consumer products. The discussions will also include litigation tips and best practices on how to approach discovery in the post-proportionality world. Learn more and register here.
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Southeast Complex Litigation Forum Set for Sept. 7

 
The Southeast Complex Litigation Forum, a TBA CLE offering four general credits, will be Sept. 7 at the Tennessee Bar Center in Nashville. The seminar will cover the latest developments in mass torts, class actions and multi-district litigation (MDLs). You will learn from national litigators about the latest in cutting-edge aggregate litigation, including emerging litigation involving opioids, medical devices, pharmaceutical drugs and consumer products. The discussions will also include litigation tips and best practices on how to approach discovery in the post-proportionality world. Learn more and register here.
read more »

Southeast Complex Litigation Forum Set for Sept. 7

 
The Southeast Complex Litigation Forum, a TBA CLE offering four general credits, will be Sept. 7 at the Tennessee Bar Center in Nashville. The seminar will cover the latest developments in mass torts, class actions and multi-district litigation (MDLs). You will learn from national litigators about the latest in cutting-edge aggregate litigation, including emerging litigation involving opioids, medical devices, pharmaceutical drugs and consumer products. The discussions will also include litigation tips and best practices on how to approach discovery in the post-proportionality world. Learn more and register here.
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Tennessee Supreme Court Academy

The Tennessee Supreme Court is unfamiliar territory for most lawyers. Opportunities to practice in this court are few and success requires skills of oral and written advocacy. Lessons learned during this seminar will be generally applicable to practice in appellate and trial courts. Attendees will learn from a distinguished faculty and through observation of oral arguments. Click here to register.

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Coaches Cleared of Abuse Sue Parent Who Accused Them

Two coaches cleared of abuse complaints have filed a $6 million defamation lawsuit against the parent who accused them, the Knoxville News Sentinel reports. Hardin Valley High School head coach Joe Michalski and assistant Zach Luther filed suit against Sheri Super, who they claim lied about injuries to a player and an “emotionally and physically abusive” practice drill in a letter she sent to school administrators.
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HRC Medical Must Pay $18 Million for Consumer Protection Violations

A judge has ordered that HRC Medical Centers and the company’s principles must pay consumers who purchased HRC’s bio-identical hormone replacement therapy (BHRT), according to Tennessee Attorney General Herbert Slatery’s office. Judge Don Ash granted the state’s motion for partial summary judgement in its suit against the company, which must now pay $18,141,750 for violations of the Tennessee Consumer Protection Act. Additionally, the Court issued a permanent injunction barring the Defendants from engaging in conduct the Court has found unlawful.
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HRC Medical Must Pay $18 Million for Consumer Protection Violations

A judge has ordered that HRC Medical Centers and the company’s principles must pay consumers who purchased HRC’s bio-identical hormone replacement therapy (BHRT), according to Tennessee Attorney General Herbert Slatery’s office. Judge Don Ash granted the state’s motion for partial summary judgement in its suit against the company, which must now pay $18,141,750 for violations of the Tennessee Consumer Protection Act. Additionally, the Court issued a permanent injunction barring the Defendants from engaging in conduct the Court has found unlawful.
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Ten Tips for Better Trial Practice

Here are ten tips for better trial practice from Judge Dale Tipps.

Accident Investigation CLE

Get a working knowledge of the types and causes of accidents during this July 26 CLE webcast. Discussion includes the proper process of documenting vehicle accidents, construction accidents, environmental accidents and others. Find out more and register here.

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D.C. Pastors Sue Coca-Cola Over Health Concerns

Two Washington, D.C.-based pastors have filed suit against Coca-Cola and the American Beverage Association (ABA), claiming soda makers knowingly deceived customers about the health risks of their products, The Washington Post reports. The complaint, which was filed last week, alleges that Coke and the ABA ran an intentional campaign to confuse consumers about the causes of obesity. “We’re losing more people to sweets than to the streets,” said Pastor Delman Coates, one of the complainants.
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Item of Interest

Below is an article that was published in the the Disability Section Connect. We thought it had information that would be of interest to those of you in this section as well.  

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Man Sentenced in Mortgage Fraud Wants Conviction Tossed

A businessman sentenced in 2014 for a mortgage fraud scheme wants his conviction tossed out and a new trial, the Times Free Press reports. Attorney Michael Richardson argued in Chattanooga’s U.S. District Court that Joshua Dobson did not make an informed decision when he exercised his constitutional rights and took his case to trial in 2013. Richardson further explained that Dobson’s former attorney allowed his client to turn down a plea deal without properly explaining the amount of time Dobson faced in prison. Federal prosecutors, however, noted that the government never formally offered a deal to Dobson.
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Middle Tennessee U.S. Attorney Secures $2.7 Million False Claims Settlement

The acting U.S. attorney for the Middle District of Tennessee reached a settlement with Innovative Therapies and its parent company, Cardinal Health, in a $2.7 million False Claims Act case, the Nashville Post reports. The company was accused by a whistleblower of marketing and billing a product as “durable medical equipment,” even though the product did not meet standards for a durable device. The whistleblower in the case will receive $488,700 under the terms of the False Claims Act.
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Crash Victims’ Families File Suits Against Guardrail Companies

The families of three Tennesseans killed in a crash last year filed lawsuits today alleging negligence by guardrail companies, the Knoxville News Sentinel reports. Two of the wrongful death suits were filed in Cumberland County Circuit Court and a third was filed in Hamilton County against Valmont Industries, Lindsay Corporation and their subsidiaries. They are accused of failing to design a safe product and failure to disclose “known problems and defects.” The suits also allege improper installation by Cumberland Guardrail.
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Judge Lifts Blackout on Gatlinburg Wildfire Records

Government records on the handling of the Gatlinburg wildfire can now be released to the public by order of Judge Jeff Rader, the Knoxville News Sentinel reports. Records were kept under wraps for weeks, even after the ruling, which was prompted by the state attorney general’s request for clarification on what records the Tennessee Emergency Management Agency could release about the deadly blaze. The only details the judge barred from release are the names of the two teenage boys accused of starting the fire.
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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 at http://www.tba.org/submit-an-article, 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 Commission on CLE & Specialization at http://www.cletn.com/.

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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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