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Leadership Tennessee Class of 2018 Announced

Posted by: Katharine Heriges on Jun 11, 2018
The Leadership Tennessee program today announced the names of its 45 new class members from across the state, and many of them are attorneys or members of the legal community. Among other leaders, Tennessee Supreme Court Justice Roger Page and Administrative Office of the Courts Director Deborah Taylor Tate made this year’s list. The class members will spend the next year “engaging in collaborative, non-partisan dialogue on issues of statewide importance.”

Supreme Court Declines to Hear Appeal in Brentwood Academy Assault Case

Posted by: Katharine Heriges on Jun 11, 2018
The Tennessee Supreme Court denied an application for permission to appeal brought by Brentwood Academy in a sexual assault case, The Tennessean reports. A lawsuit was filed last year against the school for the alleged sexual assault of a student on school property, and while a Williamson County judge dismissed the suit with prejudice, an appellate court reversed that ruling to allow the lawsuit to be refiled. Brentwood Academy petitioned the Supreme Court to overturn that ruling, but the court declined, thereby allowing the plaintiffs, John Doe and his mother Jane Doe, to refile the case at a future date.  

Tennessee AG Seeks to Make Public State’s Complaint Against Purdue Pharma

Posted by: Katharine Heriges on Jun 8, 2018
Attorney General Herbert H. Slatery III is seeking to make public the state of Tennessee’s complaint filed against Purdue Pharma on May 15 in Knox County Circuit Court. Under a court order, Purdue had 10 days from the date the company was served with the lawsuit to ask the court to keep the complaint under seal. Purdue has now asked the court to redact most of the state’s complaint. After a hearing date is set, the state will respond to Purdue’s motion and request the complaint be made public and not redacted.

Tennessee Supreme Court Gives OK to Modern Methods for Valuing Stock

Posted by: Katharine Heriges on Jun 8, 2018

In a case involving dissenting shareholders forced out of a closely held Nashville corporation, the Tennessee Supreme Court has overruled its prior case law and adopted a standard that allows trial courts to use modern methods to determine the “fair value” of the dissenting shareholders’ stock. The court overruled a 1983 case that required courts to only use the "Delaware Block" method of valuation and adopted a more open approach. However, in the case at hand, Athlon Sports Communications, Inc. v. Stephen C. Duggan et al., the Supreme Court remanded it back to the trial court, as the lower court and other parties may have been operating under the mistaken assumption that Delaware Block was the only valuation method that was available to them.

TSC Affirms, Modifies Knoxville Attorney's Suspension

Posted by: Katharine Heriges on Jun 8, 2018
The Tennessee Supreme Court has affirmed the suspension of Knoxville attorney Charles Edward Daniel from the practice of law, but modified the probated three-year suspension to include one year of active suspension. The Tennessee Supreme Court reviewed and analyzed the decision to suspend, rather than disbar, Daniel from the practice of law and concluded that suspension was within the range of appropriate sanctions in this case. However, the court determined that the decision to probate the entirety of Daniel’s suspension was out of line with similar attorney disciplinary sanctions.

New Video: Pera, Bivins Look at Next Steps in Indigent Representation

Posted by: Katharine Heriges on Jun 8, 2018
In a new video, TBA President Lucian Pera and Tennessee Supreme Court Chief Justice Jeff Bivins hold an informative and candid conversation about indigent representation reform. The pair talk about how the push for reform developed, the recent state budget approved by the General Assembly, and how the fight for reform will continue. Watch the conversation in full on the TBA’s YouTube channel. Those who have yet to fill out the TBA survey requesting comments on the issue have until midnight tonight to complete it.

Webcast to Look at Captive Insurance Developments and More

Posted by: Katharine Heriges on Jun 8, 2018
Held on June 20, this webcast will cover the current events affecting the captive insurance industry. We will go over the changes made in the 2015 PATH Act and subsequent developments in the wake of those changes, including recent PATH Act amendments made in the 2018 Consolidated Appropriations Act. We will discuss the impact that the 2017 tax reform will have on the captive insurance industry. We will also review the recent Avrahami decision out of the U.S. Tax Court and the tax status of captives. We will also look ahead to the potential growth for agency captives and health care captives.

Bradley Awards Diversity Scholarship to Vandy Law Student

Posted by: Katharine Heriges on Jun 7, 2018
Bradley Arant Boult Cummings LLP has awarded its annual diversity scholarship to Vanderbilt Law student Adrielle L. Conner. The scholarship promotes the education of well-qualified law students who reflect the diversity of the legal marketplace and who are traditionally underrepresented in the legal profession. Each scholarship includes a summer clerkship in one of the firm’s offices. Conner has worked as a Community Enterprise Clinic research volunteer, focusing on employment law research. She also previously interned with the American Civil Liberties Union in Fresno, Calif., researching, analyzing, and drafting memoranda concerning ways to reduce exclusionary practices in schools. She will clerk in the firm’s Nashville office this summer.

Nashville Attorney Dies at 81

Posted by: Katharine Heriges on Jun 7, 2018
Nashville lawyer Charles Hayes Cooney died on Tuesday. He was 81. A graduate of Vanderbilt School of Law, he held the position of Chief Deputy in the Tennessee State Attorney General's office for 15 years before joining the law firm Watkin and McNeilly, where he specialized in medical malpractice defense. In lieu of flowers, the family requests memorial donations to Alive Hospice or to a non-profit organization of choice.

Newman to Receive TBA YLD Fellows’ Leech Award for Public Service

Posted by: Katharine Heriges on Jun 7, 2018
Memphis attorney Charles F. Newman will be honored with this year's prestigious William M. Leech Jr. Public Service Award, to be presented by the TBA's Young Lawyers Division Fellows at the TBA Convention in Memphis on June 15. The Leech Award is presented each year to a Tennessee lawyer who has given outstanding service to the legal profession, the legal system and the local community. "Charlie Newman personifies the William Leech Public Service Award, as a great civil rights lawyer, conservationist and visionary who has shaped the history of Memphis and Shelby County," said TBA YLD Fellows Treasurer Bill Haltom. "He has both witnessed history and made history."
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