The Pickler Law Firm in Collierville will host a telethon-style clinic on Aug. 29, offering basic estate plans at no cost for front-line workers, the Daily Memphian reports. Police officers, firefighters, paramedics, veterans, active-duty military members and health care workers can call in during the “Planning for Patriots Day” event from 10 a.m. until 2 p.m. CDT. The firm’s Basic Estate Plan package consists of a Last Will and Testament, Durable Power of Attorney, Medical Power of Attorney and Living Will. For those unable to dial in on event day, an online application is available. That application and the number to call on Planning for Patriots Day is available through the Pickler Law Firm website.

After being convicted by an all-white jury that deliberated in a room with tributes to the Confederacy on the wall, a Black man’s bid for a new trial has been denied, the Tennessean reports. Tennessee Circuit Judge Stella Hargrove ruled against Tim Gilbert’s motion for a new trial and denied his request for bond on Monday. Gilbert is serving six years at Bledsoe County Correctional Complex for aggravated assault and other charges stemming from a 2018 altercation. Gilbert and his attorney, Evan Baddour, sought a new trial, claiming the racial makeup of Gilbert’s jury and the Confederate memorabilia on display at the Giles County courthouse violated his right to a fair trial. Gilbert’s all-white jury deliberated in a room where an antique Confederate flag and a portrait of Confederate President Jefferson Davis hung. The room is also decorated with other related memorabilia and is named for the United Daughters of the Confederacy, an organization founded in the 1890s in Nashville to memorialize Civil War ancestors. Baddour said that while he respects the judge’s decision, he “will continue to fight.”

Attorneys for the federal government last week asked the U.S. Supreme Court to refuse to hear Tennessee’s lawsuit over refugee resettlement, the Tennessean reports. The filing stems from a 2017 lawsuit in which the state claimed the federal government was forcing states to pay for refugee resettlement, violating the 10th Amendment of the U.S. Constitution. The federal government claims the state lacks standing because they did not show any form of injury and they also take issue with the state Attorney General’s refusal to back the lawsuit, which forced the state to hire outside counsel. They also claim Tennessee has overblown its claim of being coerced to pay for resettlement costs. The state’s writ of certiorari comes after its case was dismissed by a federal judge in 2018 and again by the 6th Circuit Court of Appeals in 2019.

On Aug. 18, 1920, Woodrow Wilson was in the Oval Office, Prohibition was in full swing and the dramatic conclusion of the fight to ensure a woman’s right to vote was unfolding right here in Tennessee. Thirty-five states had voted in support of the 19th Amendment, but the approval of 36 was needed to ratify. Seventy years of the Suffrage movement’s efforts all came down to one vote from one male legislator in Tennessee. To celebrate the 100th anniversary of this historical vote, award-winning journalist and author Elaine Weiss joined the Sidebar podcast to talk about her book "The Woman’s Hour," which tells the story of Tennessee’s role in the ratification of the 19th Amendment, and to discuss her research and passion behind the project. You can also watch a rebroadcast of Weiss’s full presentation from the TBA’s 2020 Virtual Convention by registering here. 

Don’t miss the Labor & Employment Law Forum Lunchtime Webcast Series coming up on Sept. 14- 18. Each day that week from 12 to 1 p.m. CDT, attendees will hear from a variety of panelists and presenters covering a wide range of hot topics in labor and employment law. Programming includes: Case Law Update on Sept. 14; Navigating the Legal Landscape of Workplace Privacy on Sept. 15; Hot Wage & Hour Developments from the Plaintiffs’ and Employers’ Perspectives on Sept. 16; Things Your Arbitrator Wants You to Know on Sept. 17; and Judicial Panel: Best Practices in the Tennessee Appellate Courts on Sept. 18. Registration is per webcast and each program is worth one hour of general credit CLE.

On Aug. 18, 1920, Woodrow Wilson was in the Oval Office, Prohibition was in full swing and the dramatic conclusion of the fight to ensure a woman’s right to vote was unfolding right here in Tennessee. Thirty-five states had voted in support of the 19th Amendment, but the approval of 36 was needed to ratify. Seventy years of the Suffrage movement’s efforts all came down to one vote from one male legislator in Tennessee. To celebrate the 100th anniversary of this historical vote, award-winning journalist and author Elaine Weiss joined the Sidebar podcast to talk about her book The Woman’s Hour, which tells the story of Tennessee’s role in the ratification of the 19th Amendment, and to discuss her research and passion behind the project. You can also watch a rebroadcast of Weiss’s full presentation from the TBA’s 2020 Virtual Convention today at noon. CDT. Register for the CLE here.

The August episode of the TBA BarBuzz podcast is streaming now, featuring guest co-host Lisa Helton of Sherrard Roe in Nashville. Helton joins the show to talk about upcoming events and legal news from across the state and to give some shoutouts to deserving Tennessee attorneys. BarBuzz is part of the TBA Podcast Network and can be found on the TBA’s website or anywhere you listen to podcasts by searching the show's title or “Tennessee Bar Association."

Legislation calling for harsher penalties for some protestors was today passed by a House committee after an agreement between House Majority Leader William Lamberth, R-Portland, and the District Attorneys General Conference, the Daily Memphian reports. The agreement removed a provision from HB8005 that would have allowed the state attorney general to prosecute vandalism and camping cases. The TBI would still be allowed to investigate crimes listed in the legislation and present them to a grand jury, but if a district attorney general refuses to prosecute, a petition could be made to the court for a district attorney pro tem. The bill passed the House Public Safety Committee, but not without a dispute between Lamberth and Rep. Larry Miller, D-Memphis, who blasted Lamberth for saying that those who opposed the measure supported spitting in the face of law enforcement officers. “You can support law enforcement officers or you can spit in their face by voting against this bill just like others have,” Lamberth said. Miller called it an “insulting” personal attack and also a lie. The Senate is expected to take up its version of the bill tomorrow.

State House and Senate committees on Tuesday quickly passed COVID-19 liability protection legislation that protects businesses from “frivolous” lawsuits, the Daily Memphian reports.  In a 7-2 vote, the Senate Judiciary Committee sent SB8002 to the floor for consideration, with Sen. Sara Kyle, D-Memphis, and Katrina Robinson, D-Memphis, voting against the measure. Under the legislation, claims alleging loss, damage, injury or death from COVID-19 must prove the defendant’s “gross negligence or willful misconduct,” setting a “higher bar” than under current tort law. The act would apply only to those filed on or before Aug. 3, 2020. Sen. Mike Bell, R-Riceville, urged his colleagues to pass the bill, arguing businesses, schools, and nonprofits would be exposed to COVID-19 lawsuits without it. He also contended that law firms are already casting a “wide net” to file liability lawsuits and win business settlements. The House’s newly formed COVID Related Liability Committee recommended passage HB8001, but only if it is amended. A clarification on the bill is expected tomorrow. SB8007, sponsored by Senate Minority Leader Jeff Yarbro, D-Nashville, was voted down 7-2 in the Senate Judiciary committee. Yarbro’s bill aimed to make it easier to sue businesses and entities that “flaunt” local, state and federal guidelines for COVID-19 safety, arguing the state will be protecting businesses that prohibit masks as much as it does those taking extra safety steps.

The state yesterday filed a motion to dismiss the federal lawsuit that would allow all Tennesseans to vote by mail, claiming a plaintiff’s decision to vote in person undermines the entire suit, the Tennessean reports. Several advocacy groups and individuals filed the suit to expand absentee voting due to the COVID-19 pandemic, including Kendra Lee, who in the filing argued she should be allowed to vote by mail due to her underlying health conditions, which include asthma and bronchitis. But, Lee voted in person during the early voting period, an action the state says removes her legitimacy as a plaintiff. In an interview last week, Lee said she did so because she didn't have faith in the state or Shelby County Election Commission to properly handle an absentee ballot request after hearing from others who reported ballots that were delayed or never arrived. Earle Fisher, a plaintiff in the Davidson County case, also voted in person, but says he did not believe the actions of one person were the focus of the lawsuit, saying the lawsuit was filed on behalf a very broad group of citizens who needed as much access as possible." The state Supreme Court last week overturned an injunction by the lower court that allowed fear of COVID-19 to be a reason to apply for the primary.