On March 12, the Tennessee Supreme Court dismissed a petition for discipline without prejudice against Hawkins County lawyer Terry Risner and struck a notice of submission filed by the board. The court reports that the Board of Professional Responsibility filed a notice to dismiss and withdrawal of notice of submission on March 11. The board had filed a petition for discipline with the court on July 31, 2024. Risner remains suspended based on a March 22, 2024, order.

The Tennessee House of Representatives on Monday passed HB0064/SB0472, which would require any educational institutions housing minors overnight to segregate restrooms, changing areas and showers “by immutable biological sex.” Bill sponsor Rep. Gino Bulso, R-Brentwood, told the Nashville Post that the bill aims to protect young girls in Tennessee. The bill passed 74-18 without debate after Leader William Lamberth, R-Portland, made a prevailing motion to put it to an immediate vote. Dahron Johnson, co-chair of the Tennessee Equality Project Nashville, told the Nashville Post that the group is concerned about the bill's vague language and potential for overreach. The Senate Education Committee passed its version of the bill last week. The full Senate is expected to consider the bill on March 20.

The TBA Intellectual Property Section will host its April installment of the IP webcast series on April 10 from 11 a.m. to noon CDT. The webcast will offer a comprehensive overview of the legal and business considerations surrounding influencer marketing, covering topics such as influencer classifications, FTC compliance requirements, influencer agreements and brand protection strategies. Real-world case studies will be used to illustrate common legal pitfalls such as liability for misleading endorsements and intellectual property infringement. Finally, the program will emphasize the importance of drafting clear contracts and monitoring protocols, and will provide practical drafting tips to mitigate reputational and regulatory risks. Intellectual Property Section members save on registration costs. Not a member? Join now!

The appellant filed a civil summons in the general sessions court, asserting that items she had pawned at one of the appellee’s locations were returned to her damaged. After the appellant failed to appear at the initial hearing, the matter was dismissed. The appellant appealed the dismissal to the circuit court, which found that the appeal was not timely filed and dismissed the appeal. On appeal in this Court, we have determined that the appellant’s brief is deficient under Tennessee Rule of Appellate Procedure 27 and dismiss the appeal.

In this case involving termination of the mother’s parental rights to her daughter, the trial court found that three statutory grounds for termination had been proven by clear and convincing evidence. The trial court further found that clear and convincing evidence demonstrated that termination of the mother’s parental rights was in the child’s best interest. The mother has appealed. Discerning no reversible error, we affirm the trial court’s judgment.

In this compensation appeal, the employee suffered a compensable injury and entered into a court-approved settlement agreement for payment of her “original award.” She later filed a petition for additional disability benefits, asserting that her wages after she was placed at maximum medical improvement were significantly less than her wages prior to the work accident, thereby entitling her to increased benefits. In response, the employer asserted the employee’s base rate of pay at the time her initial compensation period ended was higher than her base rate of pay at the time of the injury. Both parties filed competing motions for summary judgment. Following a hearing, the court granted the employer’s motion and dismissed the employee’s petition for increased benefits, and the employee has appealed. Because the employee has offered no legal argument in support of her position on appeal, we affirm the trial court’s order and certify it as final.

The Tennessee Administrative Office of the Courts (AOC) on behalf of the Tennessee Supreme Court has proposed a new structure for handling the appointment of attorneys in indigent cases. One question that has been raised is why the AOC chose to propose a new system rather than work to raise the hourly rate of compensation. In a recent interview with TBA President Ed Lanquist Jr., AOC staff explained they were encouraged to look at different approaches and be experimental, proactive and forward thinking. In addition to increasing compensation, the proposed plan also is designed to increase the number of attorneys willing to take cases and get those attorneys paid quicker and on a more regular basis. The AOC staff also noted that several states that have raised their hourly rates — in one case, double of what Tennessee pays — still struggle to find enough lawyers to take cases. As part of this plan, the AOC is asking for an additional $17 million in recurring funding, which will allow it to build out the new system and increase compensation — a win for lawyers and the judicial system. Watch the full interview or learn more about the plan and indigent representation in Tennessee.

The U.S. Department of Education’s Office for Civil Rights reports it has opened two investigations into American universities. The first is looking at 60 universities — including the University of Tennessee (UT) — over allegations of antisemitic discrimination and harassment. UT was included on the list due to it being “under investigation or monitoring in response to complaints.” According to Knox News, a university spokesperson confirmed a student complaint was filed in 2023, but that the school has “cooperated fully” with the department. A second investigation was opened into 45 universities — including Vanderbilt University — alleging the institutions engaged in race-exclusionary practices by partnering with “The Ph.D. Project,” an organization that provides doctoral students with insights into obtaining an advanced degree. The department says the program limits eligibility based on the race of participants.

THAPAR, Circuit Judge. Paula Linden filed for Social Security benefits a few years before she reached her full retirement age. Had she waited to file until she reached the full retirement age, she would be receiving bigger monthly checks than she currently receives. Now, Linden claims that she filed early only because the Social Security Administration falsely told her that filing early wouldn’t cause her to receive smaller checks. Thus, she wants the agency to increase her monthly pay to the amount she would have received if she had waited to file. Because the statutory scheme doesn’t allow for that result, we affirm.

The TBA Corporate Counsel Section will hold its annual forum virtually on March 28. The event, which will run from 9 a.m. to 1:15 p.m. CDT, will include sessions on the complexities of attorney/client privilege for in-house counsel, an employment law update, a Supreme Court update and a look at how AI can impact contract negotiations. Speakers include Nashville lawyer Jeb Gerth with Epstein Becker Green, Alex Koskey and Matthew White with Baker Donelson, Zach Kisber with Mid-America Apartment Communities, Preston Battle with Baker Donelson, and University of Tennessee professor Hemant Sharma. Section members receive discounts on registration costs. Not a member yet? Join here.