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Posted by: Katharine Heriges on Jan 2, 2018
Two Johnson City men have pleaded guilty to running a million dollar scam centered around the Mountain Empire Surgery Center, the Times News reports. Donald Kevin Collins and Charles Turner were charged in August with conspiracy to commit mail fraud and 15 counts of mail fraud for the scam, in which they created a fake company and tricked the surgical center into paying them nearly $1.4 million over six years. Turner is scheduled for sentencing on Feb. 7, while Collins has a change of plea hearing set for Jan. 18.
Posted by: Katharine Heriges on Jan 2, 2018
In his annual report on the federal judiciary, U.S. Supreme Court Chief Justice John Roberts has promised an evaluation of the judiciary’s sexual misconduct policies, NPR reports. "Events in the past few weeks have made clear that the judicial branch is not immune,” Roberts wrote in the report, which was released Sunday. He also included comments on the difficulties facing areas in the country that were hard hit by hurricanes and wildfires this year.
Posted by: Katharine Heriges on Jan 2, 2018
A federal appeals court has held that Knox County must pay damages for an inmate whose broken neck went undiagnosed for 70 days, Knoxnews reports. Testimony showed that Donald Ray Nichols begged for medical attention after he fell from his cell bunk at the Roger D. Wilson Detention facility in August 2010, but an X-ray wasn’t ordered by staff until 70 days after the incident. A jury awarded Nichols $140,000 in damages from the county, but the county’s deputy Law Director David Wigler appealed, claiming that a settlement between Nichols and a staff nurse should have been the end of the case. The 6th Circuit U.S. Court of Appeals decided otherwise and sided with the lower court.
Posted by: Barry Kolar, Kate Prince & Katharine Heriges on Jan 1, 2018

Each year the Tennessee Bar Association recognizes outstanding service by attorneys and law students who have dedicated their time to helping others. The awards given are the Harris Gilbert Pro Bono Volunteer of the Year, the Ashley T. Wiltshire Public Service Attorney of the Year and the Law Student Volunteer of the Year. Read the stories of those recognized here. This year, a special Access to Justice Champion Award is presented to Allan F.

Posted by: Katharine Heriges on Dec 29, 2017

The TBA offices will be closed on Monday for the New Year's Day holiday. We will reopen on Tuesday. Happy New Year!

Posted by: Katharine Heriges on Dec 29, 2017
An appellate court in Knoxville has reversed a lower court’s order that would have forced Johnson City to share years of liquor-by-the-drink tax revenue with Washington County, the Johnson City Press reports. The decision was issued on Wednesday by Judges Thomas Frierson, Michael Swiney and Richard Dinkins. The complaint, filed by Washington County, sought $3.4 million. While Johnson City passed a liquor-by-the-drink referendum in 1980, the county never passed a similar measure, making it ineligible for the tax collections.
Posted by: Katharine Heriges on Dec 29, 2017
Sixteen of the 493 new laws approved by the Tennessee General Assembly this year take effect on Jan. 1, Humphrey on the Hill reports. Included on that list is a $50 fine for using a cell phone while driving within a school zone, a law that requires new school bus drivers to go through a training program, and the transfer of authority over marijuana sale and use from the Alcoholic Beverage Commission to the Tennessee Bureau of Investigation. Read a full list of the laws on the Legislature's website.
Posted by: Katharine Heriges on Dec 29, 2017
An ethics investigation into two Knox County commissioners is still ongoing and will likely be heard by the county’s ethics committee in February, Knoxnews reports. The complaint was filed against Commissioners Charles Busler and Bob Thomas, who are accused of accepting gift cards and a complementary round of golf just before a major vote on the county’s emergency services contract. The commissioners played golf on a team organized by Priority Ambulance.
Posted by: Katharine Heriges on Dec 29, 2017
The U.S. Department of Justice has asked U.S. District Judge James Robart to change his order that partially lifted a Trump administration refugee ban, the Associated Press reports. Robart’s order blocked restrictions on reuniting refugee families and partially lifted a ban on refugees from 11 countries. Robert limited the injunction to refugees who have a bona fide relationship to people in the United States, and also included refugees with formal agreements with resettlement agencies in this order. The federal government is seeking to change the portion related to resettlement agencies.
Posted by: Katharine Heriges on Dec 29, 2017
The Commercial Appeal has a spotlight on the growing concern among lawyers who handle immigration cases over enforcement actions taking place in courthouses. Memphis attorney Sheryl Hurst said the presence of immigration agents could intimidate clients and disrupt the function of immigration courts. "We already have a hard time trying to get witnesses who are undocumented up here to court," she said. An ICE spokesperson said that agents have a right to visit immigration court and there’s no reason why they shouldn’t.

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