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Posted by: Stacey Shrader Joslin on Feb 1, 2023

A federal judge in Nashville has set a hearing for March 10 to consider competing claims in a lawsuit brought by former Tennessee vaccine chief Michelle Fiscus, who was fired from state government during the COVID-19 pandemic. According to Tennessee Lookout, Fiscus is seeking a so-called “name clearing” hearing, which would require her former Department of Health bosses to attend and review the circumstances behind her firing. Lawyers for the department are asking the judge to bring the lawsuit to a close without holding the hearing. Fiscus was fired from her job in July 2021 after she circulated a memo outlining when healthcare providers are allowed to give vaccines to adolescents without parental permission. Following criticism by legislators, department officials released information criticizing Fiscus’ performance.

Posted by: Stacey Shrader Joslin on Feb 1, 2023

The Tennessee Supreme Court issued an order today adopting what it called a “housekeeping” amendment to Rule 11, Section III regarding cases under advisement. The new language, which takes effect immediately, reads as follows: "No case may be held under advisement in excess of sixty days and no motion, or other decision of the trial judge that delays the date of trial or final disposition in the trial court, shall be held under advisement for more than thirty days, absent the most compelling of reasons. A motion to render decision setting out the facts said to constitute a failure to comply with this rule may be filed with the presiding judge and the circuit justice, or either of them, by any attorney of record in a case, setting out the facts said to constitute a failure to comply with this rule."

Posted by: Stacey Shrader Joslin on Feb 1, 2023

Lincoln Memorial University Duncan School of Law (LMU Law) recently promoted assistant professor Anna Rickels to director of bar success. Rickels will continue to teach but also will coordinate the school’s supplemental bar success programming. She will teach the required bar courses, oversee transition to the “NextGen Bar Exam” and provide tailored advising and mentoring to students and graduates. Rickels joined the LMU Law faculty in 2020 after graduating in 2014 from the University of Tennessee College of Law and working as an elder law and criminal defense attorney. Immediately before joining the school, she was a fellow with UT Law’s ExpungeTN Project helping those with criminal records.

Posted by: Stacey Shrader Joslin on Feb 1, 2023

Memphis lawyer William David "Bill" Levy died Jan. 29 at the age of 88. He earned a degree in journalism from the University of Alabama and spent 10 years serving in the U.S. Army and as state editor of the Columbus Enquirer in Georgia. He resumed his education at that point, earning a law degree from the University of Memphis. He stayed in Memphis and worked as a trial specialist for the National Labor Relations Board. He later went into private practice with the firms of Young & Perl and Baker Donelson. A private burial will take place tomorrow followed by a memorial service at 1 p.m. CST in the chapel at Temple Israel, 1376 E. Massey Rd., Memphis 38120.

Posted by: Stacey Shrader Joslin on Feb 1, 2023

The Knoxville Bar Association and its Bankruptcy Section, in partnership with Legal Aid of East Tennessee and U.S. Bankruptcy Judge Suzanne H. Bauknight, will hold a Pro Bono Debt Relief Clinic on Feb. 11 beginning at 8:45 a.m. EST. The event will take place at the Knox County Public Defender's Community Law Office, 1101 Liberty St., Knoxville 37919. Judge Bauknight will present a short overview of the bankruptcy system and other solutions for clients before volunteer lawyers meet with them to discuss their options. Sign up to volunteer online.

Posted by: Stacey Shrader Joslin on Feb 1, 2023

Those interested in running for an elected office in the Tennessee Bar Association or as a delegate in the American Bar Association have until Feb. 15 to qualify for the 2023 ballot. To qualify, candidates must file a nominating petition with the TBA executive director by email or by mail to 3310 West End Ave., Ste. 590, Nashville, TN 37203. Because of limitations brought about by the COVID-19 pandemic, scanned signatures can be collected and submitted electronically. Those interested in a seat on the TBA House of Delegates must file a declaration of candidacy that includes their name, principal place of law practice, district of interest and contact information. This information should be submitted to the TBA executive director via email. The TBA’s website has more information on the election process and a list of available positions.

Posted by: Stacey Shrader Joslin on Jan 31, 2023

The Tennessee Supreme Court yesterday denied a petition for dissolution of a temporary suspension from Knox County lawyer Elliott James Schuchardt. The court found that Schuchardt had not shown good cause for dissolution of the suspension, which had been imposed on Sept. 21, 2022, after the court found that he posed a threat of substantial harm to the public. In its order dismissing the petition, the court said, “Rather than establishing good cause, the allegations of Mr. Schuchardt’s petition establish that he is continuing to engage in the same conduct that initially resulted” in suspension.

Posted by: Stacey Shrader Joslin on Jan 30, 2023

Lewis Thomason announced today that it is launching a statewide government investigations practice group. Five of its lawyers will join the group. They are: Jim Weatherly, John Manson, Miles McDowell, Preston Hawkins and Chris Sullivan. According to a release from the firm, the five bring more than 50 years of combined experience to the new group. They all have experience representing businesses and employees subject to state and federal investigations for alleged fraudulent conduct. Previous representations have included businesses accused of violating the Consumer Protection Act and environmental protection laws, and engaging in Ponzi schemes and improper billing practices. Representation of individuals includes those facing charges of Social Security and Medicare fraud, sales and use tax fraud, money laundering, wire fraud and RICO violations.

Posted by: Stacey Shrader Joslin on Jan 30, 2023

The Tennessee Bar Association has earned the Tennessee Society of Association Executives' (TNSAE) Award of Excellence in the continuing education program category for its CL(U)E program, which took place in Nashville in May 2022. This unique program, presented by TBA CLE and the TBA Criminal Justice Section, provided attorneys with an adventure in which teams were tasked with solving a murder mystery, like in the popular game, while learning of recent updates to Tennessee law. The interactive experience took attorneys across some of downtown Nashville’s most interesting landmarks while solving puzzles, earning clues and engaging in a number of challenging scenarios. Each year, TNSAE recognizes and celebrates individuals and associations for their impact and efforts in their communities. Congratulations to the TBA CLE staff!

Posted by: Stacey Shrader Joslin on Jan 30, 2023

Tennessee Attorney General Jonathan Skrmetti is joining a coalition of 15 state attorneys general in calling on Congress to end the Biden administration’s continued use of pandemic emergency powers. In a letter sent to congressional leaders, the group argues that despite President Biden himself declaring that “the pandemic is over,” two federal agencies — the Department of Health and Human Services and the Food and Drug Administration — continue to rely on emergency use authorizations to justify novel vaccines for young people. The letter also calls on Congress to reform the PREP Act, which provides “exceptionally broad liability protections” related to vaccines and other countermeasures under emergency declarations by the Department of Health and Human Services. Read the full release. Late today, the The Biden administration announced it would end COVID and public health emergency authority on May 11. The Hill has that story.


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