The owner and operator of a network of orthopedic clinics in the Memphis area has agreed to pay the state of Tennessee more than $540,000 to resolve allegations that it improperly billed TennCare for the use of compounded steroids at its practices. Tennessee Attorney General Jonathan Skrmetti announced the settlement saying, “In the past few years, Tennessee has seen increasing numbers of clinics using fraudulent billing rates for compounded drugs” and that his office will continue to “hold fraudulent medical billers accountable” and “protect the financial integrity of the TennCare system.” The action was brought against Tri-State Orthopedics LLC and Dr. Apurva Dalal for allegedly using a compounded version of a drug but billing TennCare for a higher cost, commercially available version.

The state of Alabama yesterday executed Kenneth Smith with nitrogen, the first new execution method in decades, Reuters reports. The U.S. Supreme Court on Wednesday declined to halt the execution. Smith had argued before the high court that a second attempt to execute him — after the state failed previously using lethal injection — violates the constitution's ban on cruel and unusual punishment. In a separate challenge, a federal judge on Jan. 10 denied Smith’s claims that the method could induce a stroke or leave him in a permanent vegetative state. Smith was found guilty in a murder-for-hire scheme in 1988.

Davidson County lawyer Joseph Paul Weyant has received a public censure from the Tennessee Supreme Court. Weyant was hired to file a petition to probate a client’s late fiancé’s estate. At the time the fiancé died, the fiancé was a beneficiary of his mother’s estate, and it was anticipated that he would receive a distribution from that estate. Weyant filed the petition but then filed a motion to close the estate prior to a distribution. Weyant then terminated representation of the client. The client hired another attorney to reopen the late fiancé’s estate and paid that attorney $3,102. The court found that Weyant’s action violated Rules of Professional Conduct 1.1, 1.3, 1.4 and 8.4(d). The court also conditioned the censure on the payment of $3,102 in restitution to the client within 90 days.

Sullivan County lawyer Charles Brandon Sproles has received a public censure from the Tennessee Supreme Court. Sproles represented a grandmother in successfully seeking child support for the grandchild of whom she had legal custody. But he delayed more than eight months in entering an order setting the child support despite multiple requests from the client. In the intervening eight months, the grandmother received some of the owed child support by opening a case for child support with the local state child support office on her own. The court found Sproles’ actions violated Rules of Professional Conduct 1.3, 3.4 and 8.4(d). The court also conditioned the censure on Sproles paying the client restitution in the amount of $1,572 within 90 days.

Rutherford County lawyer Jerry Baxter Jackson III has received a public censure from the Tennessee Supreme Court. The court found, that in one case, Jackson failed to timely file an amended parenting plan as ordered by the court, take action to extend the deadline with the court and attend the court’s next scheduled hearing. In another client matter, Jackson failed to respond to a motion for summary judgment on behalf of his client and failed to explain the effect of the motion to the client. His actions were determined to violate Rules of Professional Conduct 1.3, 1.4, 1.6, 3.4 and 8.4(d).

Knox County lawyer Thomas Fleming Mabry has been disbarred by the Tennessee Supreme Court. The court found that Mabry failed to properly notify the IRS in advance of a foreclosure, failed to timely notify clients of a suspension, engaged in the unauthorized practice of law, charged his client an unreasonable fee, failed to promptly refund unearned fees and prepaid expenses, failed to account for prepaid expenses, failed to promptly furnish a client file to new counsel, failed to promptly withdraw from representation, made material misrepresentations to his client, misappropriated third-party funds, and improperly held himself out as authorized to practice law in North Carolina. These actions violated Rules of Professional Conduct 1.1, 1.3, 1.4, 1.5, 1.16, 5.5(a) and 8.4(a), (b), (c) and (g). Read more in this release from the court.

The Knoxville Bar Association (KBA) has released the results of its candidate survey for the positions of Knox County law director and Knox County Criminal Court Division II judge. Both offices will be on the ballot on March 5 for the Knox County Primary Election. The KBA reports that all candidates, whether opposed or not, were evaluated. Members of the association were asked to evaluate whether the candidates have demonstrated the knowledge, skill, experience, training, education, professional ethics and temperament to fulfill the duties of the offices they seek and rate them as follows: strongly recommend, recommend, do not recommend, strongly do not recommend and do not know well enough to rate candidate. The KBA also has developed a “Get To Know Your Judicial Candidates” section on its website to provide information about the candidates.

Join the TBA's Tort & Insurance Law Section on Feb. 13 for its annual forum, presented virtually this year. The three-hour general, one-hour dual CLE program will feature sessions on health care liability, how to read and understand medical reports, updates on the Anti-SLAPP statute and ethics. Get more info or register.

Applications are now being accepted for the 2024 Reporters Workshop. Sponsored by TBA’s Communications Law Section, the program will be held in person April 19-20 in Nashville. Organizers will select 15 print, online, television and/or radio journalists who want to develop a deeper understanding of media law issues that may affect their everyday work, including access to government information, defamation and privacy concerns in reporting, and other timely topics. Journalists interested in attending should apply before 5 p.m. CST on March 4. Read more about the program. Tennessee lawyers are encouraged to share this opportunity with members of the media with whom they have relationships.

The Tennessee Registry of Election Finance has asked the state attorney general’s office to investigate two Constitutional Republican groups to determine if they should register as political action committees (PACs). The registry took the action Tuesday following a complaint that the groups — Sumner County Constitutional Republicans and Tennessee Constitutional Republicans — should register. The groups deny they are PACs, saying they are private social clubs that do not provide financial support to candidates, though they have endorsed candidates. They also say the complaint lacks substance and appears to be politically motivated. Tennessee Lookout reports on the developments.