A proposed class action lawsuit has been filed against Southwest Airlines by a passenger who said the company failed to provide refunds to those left stranded when an operational meltdown led to the cancellation of more than 15,000 flights last month. The suit, filed Dec. 30 in New Orleans federal court, accuses the airline of breach of contract. It also seeks damages for those on canceled flights who did not receive refunds or expense reimbursements. Southwest says it will reimburse affected passengers for reasonable expenses but it might take several weeks, Reuters reports.

The Tennessee Governor’s Council for Judicial Appointments met today to consider five applicants for an upcoming vacancy on the Tennessee Supreme Court. After holding a public hearing and conducting public interviews, the council selected the following three applicants: Tennessee Court of Appeals Judge Kristi M. Davis, Court of Criminal Appeals Judge Tom Greenholtz and Knoxville lawyer Dwight E. Tarwater. Once the governor makes his selection, the confirmation process will begin before the General Assembly. The vacancy will be created when Justice Sharon G. Lee retires on Aug. 31. Read more about the three candidates selected.

On Dec. 28, 2022, the Tennessee Supreme Court directed Maury County lawyer Mickie Smith Daugherty to meet certain obligations to avoid dismissal of the reinstatement petition Daugherty filed on Nov. 28, 2022. The Board of Professional Responsibility opposed the petition saying Daugherty had not paid annual registration fees since 2013, had not paid the required delinquency penalty or reinstatement fee, and was not in good standing with the Commission on Continuing Legal Education regarding CLE requirements. The court gave Daugherty until Feb. 10 to satisfy those obligations.

The most recent episode of WPLN’s “This is Nashville” podcast looks at the Tennessee State Supreme Court and the process for replacing retiring Justice Sharon Lee. Listen as a panel of experts talks about the history of the court, its influence and what makes it unique among other states. Guests include Erik Schelzig, editor of The Tennessee Journal; retired Tennessee Justice William Koch, dean of Nashville Law School; Court of Appeals Judge Andy Bennett; and Nashville lawyer David Raybin with Raybin & Weissman.

Immigration rights groups in Tennessee say that the demand for immigration legal services far exceeds supply and the need has grown more acute as immigrant communities have expanded. The issue affects the ability for newcomers to avoid deportation, obtain drivers’ licenses and work permits, and access benefits they are eligible for, the groups tell Tennessee Lookout. According to a report from The Center for Migration Studies, there are 2,200 undocumented immigrants in Tennessee for every immigration legal professional. Leaders reportedly are beginning to look at programs that provide publicly funded legal support for immigrants. More than 55 jurisdictions and nine states offer some kind of public support according to Vera Institute.

Plaintiffs behind two lawsuits challenging Tennessee’s private school voucher law plan to appeal a judicial panel’s dismissal of their remaining legal claims, Chalkbeat Tennessee reports. Metropolitan Nashville and Shelby County governments, which jointly challenged the 2019 law that applies only to their counties, notified the Tennessee Court of Appeals late last month that they will appeal the latest ruling. Attorneys representing parents and taxpayers in a second lawsuit submitted a separate notice of appeal. The local governments are relying on arguments from a dissenting opinion from Chancellor Anne Martin, who said the plaintiffs’ allegations of discriminatory treatment and unequal funding were sufficient concerns to let the case proceed.

Tennessee state Sen. Kerry Roberts, R-Springfield, has revealed that he discussed dissolving the state Department of Children’s Services (DCS) during the height of criticism against the agency, WKRN reports. Roberts is chair of the Government Operations Committee, which oversees DCS. He remembers asking a colleague: “We have had nothing but problems since 1996 of varying degrees, so do we have it structured wrong? Do we have a fundamental flaw in how we have structured this entity? Do we have a fundamental flaw in the way we funded it? The way we’ve organized it? Do we need to just blow it up and start all over? Do we need to take the various functions and give them to other people? Do we even need a DCS?” Roberts now says there is a “robust” plan in the works to reform DCS.

Labor and employment law firm Ogletree Deakins has named Luther Wright Jr. as the new office managing shareholder in Nashville. Wright has practiced in the office for more than a decade, handling employment discrimination litigation. He is also a member of the firm’s national Diversity and Inclusion Practice Group, through which he advises clients on diversity matters and trains employees on diversity and inclusion, workplace violence and other employment-related issues. And he is co-chair of the firm’s Black Attorney Affinity Group, which serves a resource to create and foster an environment of inclusiveness for African-American and Black attorneys through active involvement in business development, recruitment, retention and advancement opportunities.

Florida-based Holland & Knight and Waller Lansden Dortch & Davis have agreed to a merger to be completed during the first quarter of the year. The combined law firm will operate under the Holland & Knight name and will have nearly 2,000 attorneys in 35 offices across the United States and internationally. Waller has 280 lawyers in four offices: Chattanooga and Nashville; Birmingham, Alabama; and Austin Texas. Holland & Knight is among the 30 largest law firms in the country. The firm’s Managing Partner Steven Sonberg said the merger will bring one of the most established and well-respected brands in health care law into the Holland & Knight family. It will also bolster the firm’s capabilities in private equity, financial services, real estate and litigation. Bloomberg Law reports that the move further solidifies Holland & Knight’s stronghold in the south.

The Knoxville law firm of Robinson IP Law is seeking an associate attorney to prosecute patent and trademark applications before the United States Patent & Trademark Office (USPTO). Applicants should have five to seven years of relevant experience and be a registered U.S. patent attorney. The firm reports that the job has the potential to grow into a partner position. Get the full job description and instructions for applying on the TBA’s JobLink platform.