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Judges Dinkins, Wiseman to be Honored by Community Foundation

Posted by: Katharine Heriges on May 10, 2018
Two judges who were instrumental in the long fight to desegregate Nashville’s public schools will be honored tomorrow at the third annual Francis S. Guess Bridge to Equality Fund Luncheon. The luncheon, presented by the Community Foundation of Middle Tennessee, will recognize State Court of Appeals Judge Richard Dinkins and retired U.S. District Judge Thomas Wiseman, both of whom played key roles in the resolution of the decades-long Kelley v. Board of Education case, which challenged school segregation in Nashville. Judge Dinkins and Judge Wiseman will both be presented with the Francis S. Guess Bridge to Equality Award at the luncheon, which will be held from 11:30 a.m. to 1:30 p.m. on Friday in the Music City Center’s Davidson Ballroom.

Business Court Project Wins Grant to Create Nationwide Curriculum

Posted by: Katharine Heriges on May 10, 2018

The State Justice Institute has awarded the Tennessee Administrative Office of the Courts a Curriculum Adaptation and Training Grant to work with the National Center for State Courts to develop and implement a training curriculum to assist in expanding business court dockets to other areas of the state and to assist other states in creating their own business court dockets. The Tennessee Supreme Court’s Business Court Docket Pilot Project is a specialized court docket that addresses only complex corporate and commercial matters. Since its inception in 2015, the project has been highly successful in Nashville, handling more than 130 cases ranging from breach of contract to copyright infringement to e-discovery in business settings. In December 2017, the Business Court Docket Advisory Commission recommended that the Tennessee Supreme Court formally extend and expand the pilot project throughout the state. In response, the court issued an order that expands the docket by allowing cases to be heard outside of Davidson County.

TBA Well-Being Committee Points to Memphis

Posted by: Katharine Heriges on May 10, 2018
The TBA’s upcoming annual convention in Memphis was on the agenda for the TBA Attorney Well-Being Committee yesterday. Members are finalizing the Better Right Now CLE that will be held during the week's programming. See details here.

May 23 Last Day to Book Hotel for TBA Convention

Posted by: Katharine Heriges on May 9, 2018
Time’s running out to book your stay at The Peabody Hotel for the 2018 TBA Convention in Memphis, June 13-16. The last day to reserve a room at the TBA discounted rate is May 23. Don’t miss out on our Bench/Bar CLE, the gubernatorial forum, attorney well-being program or the Ducks! Make your reservation by calling the Peabody’s Reservation Department at 800-Peabody.

Solo Attorney Hit with Sanctions After Accusing Court of ‘Extreme Judicial Activism’

Posted by: Katharine Heriges on May 9, 2018
A federal appeals court ruled that a Texas solo practitioner must pay more than $60,000 in sanctions after claiming that the lower court had engaged in “extreme judicial activism,” the ABA Journal reports. This punishment comes on top of the nearly $176,000 that Omar Rosales was already sanctioned by that lower court for making false statements about opposing counsel. “Although it might have been possible for Rosales to raise genuine legal arguments,” the appeals court said, “he has not done so. Instead, his appeal was plagued with references to unrelated areas of law, mischaracterizations of the record and the law, and missing citations.”

Op-ed: Fewer Jury Trials Diminish Legal Community, Justice System

Posted by: Katharine Heriges on May 9, 2018
An opinion piece published in the Boston Globe this week examines how the present trend against jury trials leads to young attorneys being undertrained as trial lawyers and a criminal justice system that makes it easier for criminals and corporations to hide their misdeeds. More and more cases are now in small claims court or have been eliminated by “no fault” clauses. Contracts now call for disputes to go to arbitration instead of court. And when cases do go to trial, junior lawyers are often not included, as insurance companies have resisted paying for a second seat in the courtroom, weakening the legal profession’s apprentice system. 

Hamilton County Sheriff Presents Plan to Remove Mental Health Patients from Jail

Posted by: Katharine Heriges on May 9, 2018
Hamilton County Sheriff Jim Hammond detailed to the county’s commission his plan aimed at getting mental health patients out of the county jail, Chattanoogan.com reports. Hammond said that he would apply for a federal grant from the Federal Substance Abuse and Mental Health Services Agency that would establish an Assertive Community Treatment Act Team. The team would provide up to 50 homeless frequent users of the jail and local hospitals with permanent housing and intensive support services. Hammond said the program would save the county money by lowering the jail and workhouse populations.

Supreme Court Seeking Comments for Changes to Rule 25

Posted by: Katharine Heriges on May 9, 2018
The Tennessee Lawyers’ Fund for Client Protection has filed a petition to amend Tennessee Supreme Court Rule 25, and the court is soliciting written comments from the public and the legal community. The deadline for submitting written comments is July 9. Written comments may be e-mailed to appellatecourtclerk@tncourts.gov or mailed to: James M. Hivner, Clerk, Re: Supreme Court Rule 46 Tennessee Appellate Courts 100 Supreme Court Building 401 7th Avenue North Nashville, TN 37219-1407. Read the petition and exhibits here.

Nashville Judges Denies Colleague’s Accusation of Bias

Posted by: Katharine Heriges on May 9, 2018
Davidson County Circuit Court Judge Thomas Brothers pushed back against allegations made by a colleague that he is biased and should not hear any cases involving a particular attorney, the Nashville Post reports. Judge Hamilton “Kip” Gayden accused Brothers of making disparaging remarks about Brian Manookian, an attorney in a case Brothers was hearing. In an order issued at the end of April, Brothers denied the allegation but agreed to turn the case over to the court’s presiding judge. The plaintiffs and defendants “all deserve to have this case decided on the merits and not be tainted by constant skirmishes over Mr. Manookian’s behavior,” Brothers argued.

Connect with TBA’s Appellate Practice Section

Posted by: Katharine Heriges on May 9, 2018
The TBA Appellate Practice Section keeps you in the loop and on top of your game, providing key information important to appellate lawyers. Section members benefit from discount CLE programming, legal practice tips from seasoned professionals, networking events and a collective voice addressing legislation that impacts the practice. The section is chaired by Buck Lewis of Baker, Donelson, Bearman, Caldwell & Berkowitz PC. For information on becoming a member, contact Section Coordinator Jarod Word.
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