The Tennessee Democratic Party is facing a “significant financial penalty” after the Federal Election Commission completed an audit of the party’s federal campaign spending in 2015 and 2016, the Nashville Post reports. New TNDP Chair Hendrell Remus told members of the executive committee that new party leaders and their legal counsel are working on negotiating the penalty. The audit focused on the first two years of former Chair Mary Mancini’s tenure as head of the party and found that TNDP understated both its collections and disbursements by nearly $150,000 in 2015. Additionally, the party did not keep proper employee records, did not properly report outstanding debts and did not properly disclose transfers from joint fundraising efforts. The party’s leadership team and finance and compliance teams have all turned over since the years covered by the audit.  

The Lincoln Memorial University Duncan School of Law is seeking applications for a visiting faculty position. The fulltime position will likely begin July 1 for a one-year duration, with the possibility of renewal for a second year. The visiting faculty member will teach required doctrinal courses, likely in the areas of Civil Procedure, Business Organizations, Contracts and Sales and Evidence. Successful applicants will have a law degree and several years of practice experience, a commitment to incorporating innovative teaching methods, including technology and practical skills, and a superior academic record. Applications will be accepted until March 22 and may be sent to Melissa Van Kirk or submitted online on LMU’s website.

A three judge panel of the 6th U.S. Circuit Court of Appeals has denied the state’s request to keep a 48-hour waiting period for abortions in place while it hears an appeal of a lower court’s ruling that found it unconstitutional, the Associated Press reports. U.S. District Judge Bernard Friedman in October found that the 2015 law, which requires women to make two trips to an abortion clinic for mandatory counseling and then for an abortion at least 48 hours later, served no legitimate purpose and placed substantial burden on women seeking abortions. The state says Friedman erred in balancing the law’s benefits with its burdens, applying the wrong legal standard and asked the federal appeals court to set the ruling aside. In a 2-1 decision, a panel of 6th Circuit judges wrote that the facts point to the law posing an undue burden on women seeking abortions and concluded the state was not likely to win its appeal and would not put Friedman’s ruling on hold.   

Chattanooga-based law firm Summers, Rufolo and Rodgers PC has made a gift of $1 million to the University of Tennessee, with $900,000 of that going to the UT College of Law where it will be used to support the Center for Advocacy and Dispute Resolution, the Legal Clinic, the Douglas Blaze Professorship and scholarships for students interested in pursuing legal careers in advocacy. The University of Tennessee at Chattanooga political science department will receive the remaining $100,000, which will be used to establish a scholarship. Summers, Rufolo and Rodgers was founded in 1969 by Jerry H. Summers. Partners at the firm include Jeffrey W. Rufolo and Jimmy F. Rodgers Jr. Other attorneys include Marya Wegenka Schalk and Benjamin L. McGowan. The College of Law website has more on the gift.

Three cases are set to be heard by the Tennessee Supreme Court tomorrow. The first case, State of Tennessee v. Tyshon Booker, will be livestreamed on the Administrative Office of the Courts YouTube page at 9 a.m. CST. The second case, Affordable Care Construction Services, Inc. v. Auto-Owners Insurance Company et al. and the third case, In re Larry E. Parrish, will be submitted on briefs. The AOC’s website has more details on each case.

The Tennessee Supreme Court today ruled that the inevitable discovery rule does not apply when law enforcement merely “could have” obtained evidence through a search warrant or other lawful means. The ruling stems from State v. Scott, in which the defendant’s home was searched without consent while law enforcement was trying to locate a man with outstanding warrants. During the search, drugs were found, and the defendant was later convicted of possession charges. The suspect originally sought by law enforcement was not located during the search. The high court concluded that the defendant’s home was searched illegally and that evidence found during the search was not admissible. The justices unanimously ruled that the defendant’s convictions must be dismissed, concluding that law enforcement would not have discovered the drugs without the search in question  and that exigent circumstances did not exist to justify the constructive seizure of the defendant’s home. The Administrative Office of the Courts has more on the ruling.

The TBA’s highly regarded Estate Planning & Probate Forum will return this year as a virtual program on Feb. 26. This annual staple will feature legislative and ethics updates, a clerk and masters’ panel, and sessions on trust modifications, decanting and anticipated tax changes from the new Biden administration. Check out all sessions and speakers now.

Attorney General Herbert Slatery has announced he has sued Food City Supermarkets LLC and K-VA-T Food Stores Inc. for unlawful sales of prescription opioids. The state’s suit, filed in Knox County Circuit Court, alleges Food City pharmacies violated the Tennessee Consumer Protection Act, violated the public nuisance statute at three Knoxville-area stores and created a common law public nuisance by endangering the health of Tennesseans and interfering with the commercial marketplace. The state claims Food City intentionally profited from and directly contributed to the ongoing opioid epidemic by failing to maintain the required effective controls against abuse. The lawsuit says Food City has unlawfully sold tens of millions of prescription opioids, specifically immediate release oxycodone, for more than a decade. Read the entire 208-page complaint.

After a bill was introduced last month to erect a statue of Dolly Parton on Capitol grounds, the country music icon is asking legislators to nix the proposal, the Tennessean reports. The East Tennessee native told the paper today that she doesn't "think putting me on a pedestal is appropriate at this time.” She thanked the legislature for its consideration of the bill before confirming that she asked lawmakers to remove it “from any and all consideration.” HB0135 from Rep. John Windle, D-Livingston, would create the "Dolly Parton fund" to pay for the design, construction and maintenance of the statue. It’s scheduled to go before the House state government committee on Tuesday. Windle said he won’t withdraw the bill, but instead hopes that Parton’s fans will change her mind.  

Nashville's Metro Council on Tuesday approved the addition of four members to the city’s Community Oversight Board, WPLN reports. Among them is retired Magistrate Judge Joe B. Brown, who has worked in the legal system for five decades. Brown and three others join the group, which was created to review police misconduct allegations and vote on whether to recommend discipline. The 11-member board also includes attorney Andrew Goddard of Bass Berry & Simms. Brown will serve on the board until 2024.