TBA Law Blog


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Posted by: Stacey Shrader Joslin on Jan 23, 2025
News Type: Legal News

President Donald Trump has named former Tennessee Education Commissioner Penny Schwinn as deputy U.S. secretary of education. The Tennessean reports that Schwinn, a former teacher and founding principal of a charter school, was an early appointment in Gov. Bill Lee's administration. She served in the role for five years. Lee praised the selection as “another strong choice to further [the [president’s] education agenda — delivering school choice and finally returning power back to the states,” though other conservatives in the state expressed concern about the choice.

Posted by: Azya Thornton on Jan 22, 2025

The Tennessee Supreme Court clarified in an opinion today that holding shareholders responsible for a corporation's actions, known as "piercing the corporate veil," requires three elements: control, wrongdoing and causation. According to a press release, the court also ruled that trial courts must ensure a complaint sufficiently articulates a claim for the relief sought before entering a default judgment. Charles Youree Jr. filed a lawsuit seeking to hold two companies responsible for a monetary judgment he had obtained against another company. When the two companies failed to respond, the trial court awarded him a default judgment. The companies later moved to set aside the judgment, arguing Youree’s complaint lacked sufficient factual allegations for piercing the corporate veil. The trial court denied the motion, but the Court of Appeals reversed the decision. The Supreme Court unanimously affirmed the Court of Appeals, holding that while a defendant’s failure to answer does admit the factual allegations in a complaint, it does not mandate a default judgment. Instead, courts must ensure that the admitted facts are sufficient to establish a valid claim. When applying the three-prong test to this case, the court found that Youree’s complaint did not contain sufficient factual allegations.

Posted by: Azya Thornton on Jan 22, 2025

The Tennessee Supreme Court ruled today that a plaintiff who did not refile a negligence lawsuit against Vanderbilt University Medical Center within the required one-year time frame could not assert an extension based on the Health Care Liability Act. According to a press release from the Administrative Office of the Courts, the case began when Clayton D. Richards, a former patient at the medical center, filed a negligence lawsuit in 2014 after giving pre-suit notice as required by law. The lawsuit was voluntarily dismissed without prejudice, allowing Richards the opportunity to refile the complaint within a year. However, instead of refiling within that time, Richards argued that the act provided a 120-day extension under the Saving Statute, making his lawsuit timely. The trial court disagreed and dismissed the complaint. The Court of Appeals upheld the trial court’s decision, and in a unanimous opinion, the Supreme Court agreed, concluding that the claims were untimely.

Posted by: Stacey Shrader Joslin on Jan 22, 2025
News Type: Legal News

On the last day of his presidency, Joe Biden granted blanket pardons to five family members; members of Congress who investigated the Jan. 6, 2021, attack on the U.S. Capitol; former National Institutes of Health leader Anthony Fauci; and retired Gen. Mark Milley, former chair of the Joint Chiefs of Staff. A few days earlier, Biden commuted the sentences of almost 2,500 people convicted of nonviolent drug offenses. The Associated Press reports on those actions. According to Reuters, Biden also granted clemency to Native American activist Leonard Peltier, who had been sentenced to life for killing two FBI agents. Since taking office Monday, President Donald Trump also has issued a slew of pardons, including pardons for all of those charged in the Jan. 6 attack on the capitol — including some 30 who have connections to Tennessee — as well as Ross Ulbricht, who operated a dark web marketplace. Read more about those actions from The Tennessean and Reuters.

Posted by: Azya Thornton on Jan 22, 2025
News Type: Legal News

After a blackout that lasted about 14 hours, TikTok returned to the U.S. on Sunday. The video app was taken offline Saturday night in compliance with a law that effectively banned the service nationwide unless it separates from ByteDance, its China-based owner. Last week, the U.S. Supreme Court upheld the law. On Saturday, Google and Apple removed the app from their stores, a requirement of the ban, which also prohibits web-hosting companies from providing back-end support to the app, National Public Radio reports. On Sunday morning, President Donald Trump issued a statement vowing to pause the law and protect tech companies while the app's future is worked out. On Monday, the president signed an executive order giving U.S. leaders 75 days to find a buyer, according to the Associated Press. Despite that action, Apple and Google reportedly are not allowing new users to download the app or allowing current users to install updates or make in-app purchases.

Posted by: Azya Thornton on Jan 22, 2025
News Type: Congressional News

U.S. Rep. Tim Burchett, Republican of Knoxville, announced Tuesday morning on social media that he will serve on the U.S. House of Representative's Department of Government Efficiency (DOGE) Committee. According to ABC 24, President Donald Trump signed an executive order Monday establishing DOGE to modernize "federal technology and software to maximize governmental efficiency and productivity." The DOGE Act, introduced in the U.S. Senate in December by Sen. Marsha Blackburn, also of Tennessee, aims to freeze federal hiring, relocate government agencies outside of Washington, D.C., and establish a merit-based salary system for federal workers.

Posted by: Azya Thornton on Jan 22, 2025
News Type: Legal News

Acting U.S. Attorney Robert E. McGuire announced Tuesday that the U.S. Attorney’s Office for the Middle District of Tennessee recovered more than $137 million for American taxpayers and crime victims in fiscal year 2024. According to the press release, the office collected a total of $135.7 million in civil cases, primarily through the False Claims Act, which allows the government to recover up to three times the amount of fraudulently obtained funds, and $59 million from civil penalties under the Controlled Substances Act. In criminal cases, the office obtained approximately $4.1 million in money judgments and recovered $939,718 through forfeited criminal and civil assets. “The dedicated public servants in our office responsible for protecting the public from fraud and disgorging criminal proceeds have once again done a fantastic job on behalf of taxpayers and crime victims in Middle Tennessee,” McGuire said.

Posted by: Azya Thornton on Jan 22, 2025
News Type: Legal News

The Tennessee Attorney General announced a settlement this week with Family Dollar Stores, a subsidiary of Dollar Tree Inc. The settlement follows an investigation that found Family Dollar stores in Tennessee were selling consumer goods that had been knowingly stored in a rodent-infested distribution center in Arkansas. In 2022, Family Dollar announced a voluntary recall of FDA-regulated products stored at its West Memphis Distribution Center. In 2024, the company pleaded guilty to causing FDA-regulated products to become adulterated while being held under insanitary conditions. As part of the settlement, Family Dollar has agreed to pay the state $1.125 million. “No matter the family budget, whether at a discount shop or not, every Tennessean deserves confidence in the food they buy. This settlement holds Family Dollar accountable and protects Tennessee families from being sold harmful or mislabeled food,” Attorney General Jonathan Skrmetti said in a press release.

Posted by: Stacey Shrader Joslin on Jan 22, 2025

President Donald Trump has named a number of acting leaders at the U.S. Department of Justice (DOJ) while his nominees await confirmation. According to Bloomberg Law, James McHenry, a longtime DOJ immigration official, will serve as acting attorney general; Emil Bove, Trump’s personal lawyer, will serve as acting deputy attorney general; and veteran federal prosecutor Antoinette “Toni” Bacon will serve as acting leader of the criminal division. Attorney general nominee Pam Bondi appeared before the U.S. Senate Judiciary Committee last week. Bloomberg reports on the hearing, which can be watched in full on the committee’s website (watch Day 1 or Day 2). The committee is set to vote on the nomination on Jan. 29 according to Politico.

Posted by: Stacey Shrader Joslin on Jan 22, 2025
News Type: BPR Actions

The Tennessee Supreme Court issued an order on Jan. 17 maintaining a temporary suspension imposed on Greene County lawyer Francis Xavier Santore Jr. and a pause in the disciplinary proceeding until Santore complies with certain requirements. While considering disciplinary action against Santore, a Board of Professional Responsibility (BPR) hearing panel recommended a five-year suspension with three years on active suspension and two years on probation. Both Santore and the BPR appealed the recommendation. While the appeal was pending in a trial court, the BPR petitioned the Supreme Court to transfer Santore to disability inactive status and require a mental health examination. The court granted the motion. Santore then asked the trial court to halt the disciplinary appeal pending a determination of his alleged incapacity. The trial court granted the motion and suspended the appeal. After Santore indicated he had no intention of complying with requirements of the suspension, the BPR asked the Supreme Court to lift the pause on the appeal so the matter could proceed to conclusion. The court rejected the request.


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