According to the ABA Journal, Lex Machina’s 2022 Employment Litigation Report shows a total of $1.17 billion in damages were awarded in 1,016 employment cases in 2021—the highest amount of damages in nearly a decade. The report focuses on the three-year period from 2019 to 2021, examining cases that were filed under the Civil Rights Act of 1964, the Americans with Disabilities Act, the Family and Medical Leave Act and the Fair Labor Standards Act. Additional data shows that 73% of employment cases in district courts settled between 2019 and 2021, while only 10% of claim defendants and 3% of claimants won. In the appellate courts, appellees won in 51% of employment cases during the three-year period. Appellants won in 13% of cases, while 15% of cases settled. Read highlights from the report.

The Tennessee Department of Health this week appointed two Nashville attorneys to serve as its chief of staff and general counsel, the Nashville Post reports. Elizabeth Foy will serve as the department’s chief of staff. Foy served as legislative liaison for the department since 2021 and was appointed assistant commissioner earlier this year. She also served as an assistant district attorney in Nashville for more than 10 years. The department also appointed Mary Katherine Bratton as general counsel. Bratton originally started with TDH as assistant general counsel in 2012, and most recently served in the office of general counsel at the Tennessee Department of Environment and Conservation.

The American Bar Association has appointed Tennessee Lawyers Assistance Program (TLAP) Executive Director Buddy Stockwell to its Commission on Lawyer Assistance Programs (CoLAP). CoLAP is instrumental in supporting all state LAPs in the development and delivery of top-tier clinical support and monitoring services to judges, lawyers, and law students who are confronting alcoholism, substance use disorders, or any other type of mental health issue such as depression. The Tennessee Supreme Court appointed Stockwell as TLAP executive director in July 2020. Now into his 40th year of recovery from alcoholism, Stockwell has been personally involved in lawyer assistance for 30 years.

A retirement celebration for Davidson County Seventh Circuit Probate Court Judge Randy Kennedy will be held on Aug. 23 from 2- 4 p.m. CDT, on the Sixth floor of the Historic Davidson County Courthouse. Notes and well wishes for Kennedy can be left here. RSVPs are not required, but questions can be directed to Adam Hill.   

Outgoing state Sen. Mike Bell, R-Riceville, will resign his seat early to take a job as senior advisor for legislative affairs and policy with the Tennessee Wildlife Resources Agency (TWRA), the Tennessean reports. Bell announced earlier this year he’d be leaving his position after nearly 16 years in the legislature. He was elected to the state House in 2006 and then the state Senate in 2010. Bell’s District 9 seat was redrawn as part of redistricting this year and is now considered District 1. He previously chaired the Senate Government Operations Committee, which oversees all the state government agencies and departments, including the TWRA.

A challenge to Nashville's laws restricting home-based businesses was today sent back to the trial court by the Tennessee Supreme Court. A Nashville music producer and a licensed cosmetologist, both running businesses out of their homes, sued Metro in 2017 after their businesses were found to be in violation of Nashville’s “client prohibition” law, which states that “No clients or patrons may be served on the property.” A trial court ruled in Metro’s favor. While the appeal was pending, Metro Council repealed the client prohibition law, replacing it with a new law allowing home businesses up to six customer visits per day. The Court of Appeals ruled the case moot due to Metro's repeal of the law. On appeal before the Supreme Court, the plaintiffs argued their case was not moot because they were still being harmed by the new law. The high court found the new law did not completely cure the harm claimed by the plaintiffs and that the appellate court could not be sure whether the plaintiffs will suffer ongoing harm. The justices unanimously decided to vacate the previous decisions and send the case back to trial court. Read more from the Administrative Office of the Courts.

From an initial client interview, to completing a representation, a lawyer’s duty of communication with a client creates ongoing potential for ethics missteps and legal malpractice liability. TBA CLE will present the “Lawyer’s Duty of Communication” webcast on Oct. 3 from noon until 3 p.m. CDT where attendees will learn what they can do to effectively meet this important attorney-client duty. Learn more and register here.

Meet TBA Director of Public Policy & Government Affairs Berkley Schwarz! Berkley works closely with the Tennessee legislature and government agencies to advocate for the legal profession by educating lawmakers on TBA’s policy positions in order to advance TBA’s legislative priorities and stop or amend legislation that adversely affects lawyers and/or the practice of law. Berkley keeps everyone at the TBA laughing, so it makes sense that the emoji she uses most on her phone is a laughing face. “My kids call the crying laughing emoji the ‘mom’ emoji,” she says.

The #TeamTBA series offers members a behind-the-scenes look at the inner workings of the TBA and how each staff members makes the association run. Check back every Wednesday for a new staff profile in TBA Today and on the TBA's Facebook, Twitter and Instagram accounts.

FedEx is seeking a senior attorney in Memphis to provide legal counsel, advice, review and direction to the corporation, its subsidiaries, various departments and to members of management to ensure effective operation in accordance with federal, state and local laws. Six years of experience and demonstrated competence as a practicing attorney in relevant area of law is required. Instructions on how to apply can be found in the job posting. Find more job postings on the TBA’s JobLink site.

President Joe Biden today signed a landmark climate change and health care bill into law, the Associated Press reports. The legislation includes the most substantial federal investment in history to fight climate change — some $375 billion over the decade — and would cap prescription drug costs at $2,000 out-of-pocket annually for Medicare recipients. It also would help an estimated 13 million Americans pay for health care insurance by extending subsidies provided during the COVID-19 pandemic. The measure is paid for by new taxes on large companies and stepped-up IRS enforcement of wealthy individuals and entities, with additional funds going to reduce the federal deficit.