The TBA’s 20th annual Health Law Primer and 32nd annual Health Law Forum will be held virtually via live webcast in October. The primer will take place on Oct. 7 from 11:30 a.m. until 4 p.m. CDT and will provide a general overview and discussion of hot topics for those who are new to practicing in the health law field. Then, on Oct. 8-9 from 9 a.m. until 2 p.m. CDT each day, catch the annual Health Law Forum, featuring an array of esteemed presenters who will speak on topics like telehealth and privacy, fraud and abuse developments, practitioner databases, pandemic response and much more. Learn more and register today for the primer and for the forum. 

The group Citizens for Limited Government and Constitutional Integrity, also known as Tennessee Stands, and two individuals are suing Tennessee and Gov. Bill Lee over his decision to let counties issue certain orders during the COVID-19 pandemic, the Associated Press reports. Lee is named as the defendant in the suit which claims a state law dealing with the governor’s powers during an emergency violates sections of the Tennessee Constitution, including provisions about the separation of powers. The suit specifically targets an executive order Lee issued last month allowing 89 of the state’s 95 counties to decide whether or not to require face coverings in public. The remaining six counties already had that authority under a previous order from Lee. Lee has called the mask option for local governments a “targeted approach” that “ensures we protect both lives and livelihoods and safely keep our economy open in Tennessee.”

The TBA’s Appellate Practice Section will hold a virtual roundtable discussion on federal appellate practice during the pandemic Aug. 26 from 2 to 3 p.m. CDT. U.S. 6th Circuit Court of Appeals Judge Julia Smith Gibbons and Clerk of Court Deborah Hunt will discuss remote arguments and how the court has adapted its operations during this time. They will be joined by two Tennessee attorneys who have participated in remote oral arguments: Alexander Wharton from The Wharton Law Firm and Robert Hutton from Glankler Brown. Kevin Ritz, the appellate chief in the U.S. Attorney’s Office in Memphis, will moderate the discussion. The event is free and open to all TBA members, but registration is required.

The U.S. Court of Appeals for the 6th Circuit yesterday upheld a federal judge’s ruling against a group of Tennessee prisoners suffering from hepatitis C who sued the Tennessee Department of Corrections in 2016 for its “deliberate indifference” to their serious medical needs, the Associated Press reports. The complaint stems from a 2016 TDOC policy that, because of the high cost of the medication, rationed out hepatitis C treatments only to those with severe cases—a practice the plaintiffs argued violated the Eighth Amendment’s prohibition on cruel and unusual punishment. The 6th Circuit’s 2-1 decision upheld the federal judge’s ruling rejecting that claim, saying that TDOC’s limited resources made it reasonable to prioritize treatments. U.S. Circuit Judge Ronald Lee Gilman dissented, writing that officials cannot refuse treatment of a patient with a serious medical need “merely to avoid the bill.”

Christopher M. Vlachos, a licensed attorney in Florida and Michigan and whose admission to practice in Tennessee is pending, received a public censure today from the Board of Professional Responsibility. Vlachos’ application for comity admission to practice law in Tennessee was approved in 2018, pending admission. He then represented clients for his law firm in at least three active court matters, without filing for pro hac vice admission in those courts as required by Tennessee Supreme Court Rule 7. Vlachos signed multiple pleadings with a signature block that listed his name followed by the BPR number of his supervising attorney, also his supervising attorney’s name with the same BPR number. The signature block did not otherwise indicate that Vlachos was practicing “pending admission” in Tennessee. The firm’s website also incorrectly listed Vlachos as licensed to practice law in Michigan, Florida and Tennessee at that time.

Belmont University College of Law Dean Alberto Gonzales and Nashville School of Law Dean William Koch today answered questions from an ad hoc legislative committee on whether Gov. Bill Lee acted outside his legal authority during the pandemic, the Tennessean reports. Gonzales, a former U.S. attorney general, and Koch, a former Tennessee Supreme Court Justice, reported to the committee that Gov. Lee has acted appropriately, but that the legislature has the ability to reign in his executive authority ahead of the next emergency. Regarding Lee, Koch told the committee, “His executive orders are entirely consistent with the inherent power in his office and with the power you granted him” in Tennessee’s Emergency Powers Act. Rep. Jason Zachary, R-Knoxville, is co-chairing the ad hoc committee with Sen. Ferrell Haile, R-Gallatin. Zachary told the committee at the beginning of today’s meeting that their purpose was to consider what authority the governor should have moving forward. The committee plans to provide recommendations to the 112th General Assembly, which will convene in January.

House Minority Leader Karen Camper, D-Memphis, and Rep. Gary Hicks, R-Rogersville, have recently tested positive for the COVID-19 virus, the Daily Memphian reports. Camper began to feel sick last week when she arrived in Nashville for the General Assembly’s special session and immediately went for testing. Despite testing negative, Camper chose to quarantine and it was later determined she had contracted the virus. The Tennessee Journal today reported that Hicks had tested positive for the virus this week and was present at last week’s special session. A total of four lawmakers have now tested positive for COVID-19, including Rep. Kent Calfee, R-Kingston and Rep. Mike Carter, R-Ooltewah, who is recovering after being hospitalized earlier this week. Former Republican Representative and mayor of Cleveland, Kevin Brooks, also tested positive.

Kanye West’s presidential campaign met today’s deadline to submit a petition to appear on Tennessee’s November ballot, the Tennessean reports. West’s petition, which must have the signatures of 275 registered state voters, was turned in by Sir Isaac Ford, the son of longtime U.S. Rep. Harold Ford Sr., a Memphis Democrat who retired from Congress in 1997. The signatures have yet to be reviewed on the petition submitted by West, whose campaign has struggled to get on the ballot in some other states, failing to meet required deadlines or facing problems during the signature verification process. If his petition qualifies, the rapper and record producer would appear on the ballot as an independent.

Secretary of State Tre Hargett has created a new absentee ballot application that is void of any COVID-19-related language and features a new $1,000 reward for tips leading to voter fraud, the Tennessean reports. The revised application comes after the state Supreme Court vacated a temporary injunction from a lower court that made voting by mail available to all registered voters. The high court’s ruling also ordered the state to issue “appropriate guidance” to voters to inform them that those with underlying health conditions and their caretakers can still vote absentee, but that language is not on the new application. Although there is no guidance on the application, a section of the state’s website does clarify the rules on who can vote absentee. The offer of a reward for tips leading to a voter fraud conviction is highlighted in bright yellow and, according to a spokesperson for the state, was added after the plaintiffs in an ongoing lawsuit mentioned it would be a good voter fraud deterrent. Steve Mulroy, an attorney for the plaintiffs, said the state’s intent is to dissuade voters or get them to second-guess themselves.

Vanderbilt Law School announced this week that Yesah Yadav has been appointed associate dean for diversity, equity and community, the law school’s website reports. In her new role, Yadav will serve as a liaison to Vanderbilt University’s Offices of the Vice Chancellor for Equity, Diversity and Inclusion and the Provost’s Office of Inclusive Excellence. She will also work closely with law school stakeholders on issues of diversity, equity and community as they impact recruitment and retention, curriculum, programming and external engagement; support and mentor the EDI Council and student affinity groups and organizations; and address the report produced this summer by a steering committee formed in the wake of the killing of George Floyd. Yadav currently serves as faculty co-director of the LL.M. program. She was recently appointed to the Tennessee Advisory Committee for the U.S. Commission on Civil Rights.