The Tennessee Supreme Court last week heard arguments in two challenges to redrawn legislative districts for the state Senate and House, the Nashville Banner reports. A three-judge panel ruled in 2023 that the Senate map was unconstitutional because the districts in Davidson County were not numbered consecutively. The state is challenging that decision, questioning the plaintiff’s standing to sue. The same panel found the House map to be constitutional even though it split Gibson County, saying the legislature acted in good faith. Attorney Scott Tift argued the court should overturn that decision because the state constitution only allows splitting to comply with federal redistricting laws.

Florida-based employment law attorney Gary Martoccio has opened a Martoccio Law Group office in Nashville. Located downtown at 414 Union St., Ste. 1900, 37219, the office is home to two attorneys and three staff members, with plans to grow in the future, Martoccio tells the Nashville Post. For the past 12 years, Martoccio has represented employees in disputes against their employers in state and federal courts, as well as before the Equal Employment Opportunity Commission and equivalent state agencies. He focuses on wrongful termination, Family and Medical Leave Act violations, discrimination and sexual harassment. The firm also has offices in Arizona, Georgia, Illinois, Massachusetts, North Carolina, Pennsylvania and Texas.

Tennessee Corrections Commissioner Frank Strada told a legislative panel this week that the state expects to unveil a new process for executing inmates by the end of the year. "We should have our protocols in place by the end of this calendar year or at the first week or two of January," Strada said. "We've been working with the attorney general's office on writing those protocols to make sure that they're sound." He did not reveal any details about the new process, only that effort had taken a long time because of the many lawyers working on the issue to ensure it was "within the law," the Associated Press reports. The state stopped executions in May 2022 following concerns about the proper testing of lethal injection drugs. A report issued later that month found that the state had not followed its own lethal injections policies in the four years that executions had been reinstated.

The TBA’s 2024 Environmental Forum will take place in person on Nov. 15 in Nashville. This year’s program will address topics such as endangered species litigation, underground storage tanks, drinking water, the Chevron decision, brownfields, ethics and more. Breakfast and lunch will be included. The program will feature Stephanie Durman and Ellery Richardson with the Tennessee Department of Environment and Conservation’s Office of General Counsel; Jaz Boon, Bridgestone Americas; and Emily Vann with the Tennessee Attorney General's Office.

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The Tennessee Supreme Court today held that a party could not recover attorney’s fees for fighting a SLAPP lawsuit when the person bringing the suit dropped the case. In the matter before the court, Robert E. Lee Flade sued several defendants based for what he considered to be disparaging remarks on social media. In response, two defendants filed petitions under the Tennessee Public Participation Act (TPPA), arguing that that the suit was brought primarily to chill speech rather than to prevail on the merits. Before the petitions were heard by the trial court, Flade voluntarily dismissed his suit. The defendants sought payment of their attorney’s fees, as allowed under TPPA, but the court found that the dismissal precluded consideration of the fee request. Read more in a release from the court.

Shelby County lawyer Larry A. Weissman has received a public censure from the Tennessee Supreme Court. The court found that Weissman was not diligent in checking a client’s case status, which led to him not discovering that the case, which had previously been dismissed, was never reopened. This led to a delay in moving the case forward. Weissman also did not consult with the client about how her case was being handled and did not abide by her decision to set the case for trial. Later in the case, he stopped communicating with the client, stopped doing any work on her case and disregarded the client’s requests that he withdraw. His actions were determined Rules of Professional Conduct 1.2(a), 1.3, 1.4(a), 1.16(a) and 3.2.

Knox County lawyer Kristen Crye Stevenson has received a public censure from the Tennessee Supreme Court. The court found that Stevenson “knowingly and repeatedly” failed to notify her client that the court overseeing the client’s workers’ compensation case had ordered the employer to approve medical treatment while the case was pending. Stevenson also repeatedly failed to appear at court-ordered conferences and hearings and failed to submit required filings. These actions led to her client being assessed sanctions, fines and attorneys’ fees in excess of $16,000. Her actions were determined to violate Rules of Professional Conduct 1.2, 1.3, 1.4(a), 3.2 and 3.4(c).

The TBA’s 2024 Health Law Primer and Health Law Forum take place next week. The primer will be held Oct. 16 in downtown Nashville. Designed for those new to health practice, it will provide a general health law overview and practical tips to identify and avoid the pitfalls of real-life situations in the heavily regulated health care industry. Then on Oct. 17 and 18, the forum will take place in Franklin’s Cool Springs area. The two-day event will dig deeper into topics such as private equity, antitrust laws, digital health, cyber security, legislative and state case updates and ethics. You don't want to miss the state's premier health law event!

Tennessee Gov. Bill Lee’s office has released new information, highlighting resources available for communities impacted by Hurricane Helene and ways Tennesseans can serve. Information provided on the webpage includes instructions for donating items to the Northeast Tennessee Disaster Relief Center, now located at the Bristol Motor Speedway, links to First Lady Maria Lee’s Tennessee Serves website for volunteer opportunities, and specific information about helping in Cocke and Greene counties. For those who cannot travel to East Tennessee, the site also offers a range of ways to help virtually from a distance. Finally, the page has resources for storm survivors, including information about shelters, disaster and crisis clean-up hotlines, and links to relief agencies including Tennessee Voluntary Organizations Active in Disasters and the American Red Cross.