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Posted by: Katharine Heriges on Dec 28, 2018
A 6th U.S. Circuit Court of Appeals panel ruled in a recent decision that a 2011 Tennessee law that caps punitive monetary damages in civil lawsuits is unconstitutional, The Times Free Press reports. The ruling strikes at a provision in the 2011 Tennessee Civil Justice Act, which sharply curtailed monetary damages, including punitive damages. A spokesperson for the Tennessee Attorney General's office said the state is reviewing whether to appeal or not.
Posted by: Katharine Heriges on Dec 28, 2018
A former patrol officer in the White House Police Department is suing the city in federal court, saying she was sexually harassed for years, discriminated against and fired for filing complaints against co-workers and supervisors, The Tennessean reports. In the lawsuit, filed Dec. 19, former officer Melissa Pearce said she worked for the department for six years but was denied promotions and retaliated against by leadership while enduring comments about her sexuality, being exposed to numerous "graphic sexual comments" and being chastised for reporting inappropriate behavior to supervisors.
Posted by: Katharine Heriges on Dec 28, 2018

The Tennessee Attorney General is now defending a state representative accused of violating students’ free speech rights when they were told to wear shirts advertising his re-election campaign on a field trip to the state Capitol, The Nashville Post reports. An anonymous student sued Waynesboro Republican Rep. David Byrd in November, alleging that Wayne County school officials told students to wear Byrd campaign shirts on the October trip to Nashville. Earlier this month, Assistant Attorney General Matthew Janssen filed notice with the court that he would be representing Byrd in the case, and this week he asked for permission to file a response to the allegations by the end of January.

Posted by: Katharine Heriges on Dec 27, 2018
Former U.S. Attorney Ed Stanton has been named the independent monitor who will report to U.S. District Judge Jon P. McCalla on steps the Memphis Police Department is taking to end surveillance of protesters after violating a 1978 consent decree barring such surveillance, The Daily Memphian reports. Stanton was selected over Bill Nettles, a former federal prosecutor from South Carolina who was recommended by the Tennessee American Civil Liberties Union, the plaintiff in the lawsuit, to be the independent monitor. Stanton was recommended by the city.
Posted by: Katharine Heriges on Dec 27, 2018
LawSitesBlog.com has published a roundup of the 20 most important legal tech developments in the past year, eschewing the traditional Top 10 list due to the overwhelming number of significant changes. Included on the list were analytics becoming an essential part of the legal practice, investments in legal tech topping $1 billion, the end of Avvo and the new American Bar Association rule emphasizing the duty of lawyers to be up-to-date on legal technology.
Posted by: Katharine Heriges on Dec 27, 2018
There is now office space available for lease at the Tennessee Bar Center in Nashville, 221 4th Ave North. The historic building is located downtown in the business district north of Broadway. It has 19,622 RSF available in several configurations on several floors. Click here for more details as well as contact information.
Posted by: Katharine Heriges on Dec 27, 2018
At midnight on New Year’s Eve, all works first published in the United States in 1923 will enter the public domain, The Smithsonian Magazine reports. It has been 21 years since the last mass expiration of copyright in the U.S. The last one — in 1998, when 1922 slipped its copyright bond — predated Google. The more than two decade delay was due to lobbying from Disney in the 90's, when it fought to stop the expiration of the copyright on Mickey Mouse, who was born in 1928 and was expected to enter the public domain in 2004. Mickey is now protected until 2024.
Posted by: Katharine Heriges on Dec 27, 2018
Starting in 2019, BlueCross BlueShield of Tennessee (BCBST), the state’s largest health insurance provider, will no longer cover prescriptions for the opioid Oxycontin, The Daily Memphian reports. BCBST Chief Medical Officer said that the reasons for the change was because Oxycontin has become a “favorite” among abusers. The insurer is also enacting stricter requirements for other opioids, like additional authorizations and lowered daily maximum doses.
Posted by: Katharine Heriges on Dec 27, 2018
The number of law school students who are pursuing LLM and masters in law degrees has doubled over the past decade, Law.com reports. Fourteen percent of enrolled students nationwide aren’t in juris doctor programs. The University of Arizona James E. Rogers College of Law hosts the highest percentage of non-JD students in the country, with 78 percent of students enrolled in other programs.
Posted by: Katharine Heriges on Dec 27, 2018
The court-appointed receiver for the estates of confessed Ponzi schemer Arthur Lamar Adams and his disgraced company, Madison Timber Properties, has sued Baker, Donelson, Bearman, Caldwell & Berkowitz and Butler Snow for allegedly abetting or turning a blind eye to Adams’ $100 million scheme, Law.com reports. Receiver Alysson Mills argues responsibility for the scheme extends far beyond one individual, claiming that individuals at the firms ignored red flags and even abetted the scam. Both law firms issued statements adamantly denying the allegations against them and promising to vigorously defend themselves in the suit.

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