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Applications Now Accepted for West Tennessee Court of Appeals Vacancy

Posted by: Katharine Heriges on Jan 31, 2019
The Governor’s Council for Judicial Appointments is now accepting applications for the Court of Appeals vacancy created by the appointment of Brandon O. Gibson as Senior Advisor in the Office of the Governor. Any interested applicant must be a licensed attorney who is at least 30 years of age, a resident of the state for five years, and a resident of the Western Tennessee Grand Division. Applicants must complete the designated application and submit it to the Administrative Office of the Courts by noon on Feb. 14. The application is available here. Candidates will be interviewed in the Western Tennessee Grand Division at a date, time, and location set by the Governor’s Council for Judicial Appointments in the future. 

TSC Rules Employer Had No Duty to Use AED to Assist Employee in Need of Medical Care

Posted by: Katharine Heriges on Jan 31, 2019
The Tennessee Supreme Court has ruled that an employer is not liable for workers’ compensation benefits for not using an available automated external defibrillator (AED) to assist an employee who suffered a non-work related medical emergency. An AED is a medical device that delivers an electric shock to the heart to restore a normal heart rhythm after the heart suddenly stops beating or starts beating irregularly. Tennessee has statutes that encourage businesses to acquire AEDs and provide immunity from civil liability under certain conditions. Justice Sharon Lee wrote the unanimous opinion.

Legal Diversity Program Accepting Applications for 2019 Program

Posted by: Katharine Heriges on Jan 30, 2019

The Leadership Council on Legal Diversity (LCLD) is now accepting applications for the 2019 1L Scholars Program, which gives law students the opportunity to work side-by-side with attorneys from LCLD member organizations. LCLD Scholars have many additional benefits, including attendance at the 1L Scholars Summit in Atlanta and the opportunity to participate in a mock interview with attorneys from LCLD member law firms. Applications are due Feb. 15.

House Committee Chairs Move to Ban Livestreaming of Meetings

Posted by: Katharine Heriges on Jan 30, 2019

Members of the public are being forbidden from taking live video during some public House of Representatives legislative committee meetings, and the ban will be extended to the House chamber as well, The Tennessean reports. House Speaker Glen Casada said that the decision to ban live video is up to each individual chairman to implement and to what degree. Some are responding by not banning live video at all, while others are requiring that individuals and lawmakers request permission before beginning a livestream.

TSC Upholds Death Penalty for Shelby Man

Posted by: Katharine Heriges on Jan 30, 2019

The Tennessee Supreme Court has upheld two death sentences for Henry Lee Jones, who was convicted of murdering two individuals in their Bartlett home in 2003. The court, which is required to review all death penalty cases, found no error in the lower court rulings in the case. Chief Justice Jeff Bivins wrote the majority opinion while Justice Sharon Lee authored a concurring opinion.

Former Principal Sues School District in Shelby County

Posted by: Katharine Heriges on Jan 30, 2019
A former principal has filed a lawsuit against Arlington Community Schools, saying she was reassigned as a teacher out of retaliation by the district's superintendent, The Commercial Appeal reports. The lawsuit asks for a jury trial and that Cherry Davidson, formerly principal of Donelson Elementary School, be awarded $250,000 in damages. In a written statement, the district called the lawsuit "frivolous with no grounds whatsoever."

Legislators File Bills to Gain Control Over Tennessee Attorney General

Posted by: Katharine Heriges on Jan 30, 2019
State lawmakers are proposing various changes to the way they interact with the state attorney general, The Nashville Post reports. Rep. Mike Carter, the chair of the civil justice subcommittee, has filed a resolution proposing an amendment to the state constitution that would give the General Assembly confirmation authority over the attorney general. Currently the Tennessee Supreme Court appoints the attorney general for an eight-year term. Carter's bill would empower the legislature to veto the high court’s pick. Another proposal from Sen. Bo Watson and Rep. Bill Dunn would give the legislature the ability to intervene in legal proceedings to defend the constitutionality of a contested statute or to diverge from the advocacy of the attorney general or a district attorney general.

Lawmakers Introduce Bills Targeting Election Laws

Posted by: Katharine Heriges on Jan 30, 2019
State lawmakers have introduced a wave of bills that could change the voting process for Tennesseans, The Nashville Scene reports. Two bills propose changes to voter registration deadlines - a Democrat-backed bill would allow for voter registration on Election Day, while a Republican-backed bill would push the deadline for registration even further from Election Day than the current 30 days. Another bill, sponsored by Republicans Frank Nicely and Ryan Williams, would eliminate open primaries in U.S. Senate elections, giving the authority to choose candidates to the state legislative caucuses. Also included is legislation sponsored by Rep. Jesse Chism and Sen. Brenda Gilmore would allow disenfranchised felons to apply for restoration of voting rights if they are engaged in a payment plan for court costs, restitution or overdue child support.

Lee: State Agencies Must Improve Serving Rural Tennessee

Posted by: Katharine Heriges on Jan 29, 2019
In his first executive order issued last week, Gov. Bill Lee is requiring all 22 executive departments in the state to submit a statement by May 31 explaining how they serve rural Tennesseans. NewsChannel 5 reports that the order also asks the agencies to submit recommendations to improve that service by June 30.

TSC Affirms Disability Benefits for Employee in Workers' Comp. Case

Posted by: Katharine Heriges on Jan 29, 2019
In a workers’ compensation case, the Tennessee Supreme Court has affirmed an award of permanent partial disability benefits to Christopher Batey, an employee of Deliver This Inc. In 2015, Batey sustained a back injury on the job and the Court of Workers' Compensation Claims determined he should receive permanent partial disability benefits. Batey filed a post-trial motion for prejudgment interest on the benefits awarded, but the trial court denied his motion. Deliver This Inc. and its insurer, Auto-Owners Insurance Company, appealed the disability award, and Batey appealed the trial court’s denial of prejudgment interest to the Workers’ Compensation Appeals Board. The Workers' Comp Appeals Board held the award and the denial of prejudgment interest. In a unanimous opinion authored by Chief Justice Jeff Bivins, the Supreme Court affirmed the judgment of the Appeals Board and adopted in its entirety the opinion of the Appeals Board.
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