The American Bar Association announced this week that Nashville attorneys Randy Kinnard and Daina Bray are the recipients of two awards from the association’s Tort Trial and Insurance Practice Section. Kinnard will receive the Pursuit of Justice Award, given to attorneys who have shown outstanding merit and who excel in providing justice for all. He is a personal injury and medical malpractice attorney at Kinnard, Clayton & Beveridge. Bray will receive the section’s Animal Law Committee’s Excellence in the Advancement of Animal Law Award, which recognizes a committee member who, through commitment and leadership, has advanced the humane treatment of animals through the law. She is general counsel for the international nonprofit Mercy for Animals and vice chair of the TBA’s Animal Law Section.

Sullivan County lawyer Kyle Douglas Vaughan was suspended from the practice of law today by the Tennessee Supreme Court. Vaughan pled guilty in July to theft of property over $60,000 and under $250,000. The court directed the Board of Professional Responsibility to institute a formal proceeding to determine the extent of final discipline to be imposed as a result of Vaughan’s guilty plea. On Jan. 21, Vaughan was temporarily suspended by the court for misappropriating funds and posing a threat of substantial harm to the public. Vaughan’s temporary suspension remains in effect pending further order of the court.

Today, the House Local Government Committee was scheduled to consider SB282/HB1386, sponsored by Rep. Chris Todd, R-Madison County, and Sen. Paul Rose, R-Covington. The bill would have capped attorneys’ fees and expenses for attorneys in lawsuits brought by county officials if counties refuse to provide the resources required to perform their duties. TBA lobbied committee members and they were prepared to kill the bill. Additionally, Matt Grossman, an attorney with Frantz, McConnell & Seymour in Knoxville, was ready to testify against the bill and the amendment on behalf of TBA. However, Todd sent the bill back to the clerk’s desk before the committee could vote on it. We would like to sincerely thank all of the attorneys who called committee members and asked them to oppose HB1386. It definitely made an impact!

Gov. Bill Lee this week signed an executive order removing the authority of most Tennessee counties to issue local mask mandates, WPLN reports. Lee also urged larger areas, including Davidson, Shelby, Hamilton, Knox, Sullivan and Madison counties, to drop any remaining mask requirements and COVID-related business restrictions. “COVID-19 is now a managed public health issue in Tennessee and no longer a statewide public health emergency,” Lee says. “As Tennesseans continue to get vaccinated, it’s time to lift remaining local restrictions, focus on economic recovery and get back to business in Tennessee.” Executive Order 80 extends to 89 counties where the state controls the local health department.

Civil rights attorney Ben Crump announced last week that he will represent the family of a Knoxville high school student who was killed by police earlier this month, the Knoxville News Sentinel reports. Anthony Thompson Jr., 17, was shot and killed by a Knoxville police officer on April 12 after a chaotic confrontation in a bathroom of Austin-East High Magnet High School. After demonstrations calling for quick release of the police bodycam footage of the incident, Knox County District Attorney General Charme Allen released the video last week and announced she had ruled the shooting legally justified. Demonstrations continued with advocates calling for greater police accountability and an end to protections for officers like qualified immunity. Crump said his office is reviewing the case and urged local officials to “be sensitive but also responsive to the outrage because people are devastated.” Crump has become a national leader in representing Black victims and their families in cases of police violence and wrongful death, including Trayvon Martin, Michael Brown, Breonna Taylor, George Floyd, Ahmaud Arbery and Daunte Wright.

The Nashville office of Frost Brown Todd is now accepting resumes for an associate position on the firm’s Trademark, Entertainment and Advertising team in the Intellectual Property Practice Group. The role would include representing brands in various marketing and advertising matters; representing brand owners in trademark-related matters, including the clearance, adoption, prosecution, monetization and enforcement of brands; and drafting trademark copyright, software development, SaaS and related technology agreements. Those interested must have one to three years of experience. To apply, submit a cover letter, resume and transcript to Sonya Yadon.

A measure that would allow death row inmates to appeal their sentence on intellectual disability grounds was passed by the Tennessee legislature last night, the Tennessean reports. The bill could create an opportunity for death row inmate Pervis Payne to avoid execution if the court acknowledges his intellectual disabilities. Payne was convicted of double murder in 1987 and sentenced to death despite unanswered questions around the evidence and arguments from his legal team that he has a particularly low IQ. The bill says inmates with intellectual disabilities must suffer from "general intellectual functioning" that is "significantly" below average level among other stipulations. Defense attorneys can petition the trial court to examine the inmate's mental competency, but prosecutors are allowed to appeal the decision. The bill now heads to Gov. Bill Lee’s desk for his signature.

The Tennessee Senate yesterday rejected HB1072/SB915 by Sen. Brian Kelsey, R-Germantown, and Rep. Curcio, R-Dickson, to ban local governments from filing lawsuits to challenge the constitutionality of laws passed by the General Assembly. The bill would also have allowed the state to file an interlocutory appeal in any case in which the constitutionality of a statute is challenged and would have stayed any injunction issued by the court pending the final outcome of the appeal. TBA has been expressing concern to bill sponsors and committee members. Yesterday, the House Civil Justice Committee removed the section banning local governments from filing lawsuits against the state and that amended version passed the full House. In the Senate, the vote on Kelsey’s amendment failed 14-14, with three Republicans and two Democrats missing the vote. Kelsey then asked to move his bill to Wednesday, at which point he is expected to introduce another amendment seeking similar changes as were made to the House-passed bill. Read more from TNJ: On the Hill. 

Applications are now being accepted for a circuit court judge vacancy in the 19th Judicial District. The vacancy, which covers Montgomery and Robertson counties, was created when former Circuit Court Judge Jill Bartee Ayers was appointed to the Court of Criminal Appeals, Middle Section. Those interested must submit the Trial Court Vacancy Commission application to the Administrative Office of the Courts by noon CDT on May 11. The commission will consider applicants at a hearing on June 16 at 9 a.m. CDT in the Commission Chambers of the Montgomery County Historic Courthouse located at One Millennium Plaza. The AOC has complete application instructions.

The Tennessee Supreme Court has one case set for its docket tomorrow. Steven Kampmeyer et al. v. State of Tennessee will be livestreamed on the Administrative Office of the Court’s YouTube page at 9 a.m. CDT. The case involves interpretation of the Claims Commission Act, which authorizes certain suits against the state of Tennessee. The AOC’s website has more on the case.