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SCOTUS Tosses Tennessee Liquor Store Residency Law

Posted by: Katharine Heriges on Jun 26, 2019
The U.S. Supreme Court today tossed out a Tennessee law that required liquor store owners to live in the state two years before they could open a business here, the Commercial Appeal reports. In a 7-2 decision, the justices said the regulation illegally infringed on interstate commerce protections provided by the U.S. Constitution. Their ruling eliminates a barrier for out-of-state owners trying to get a liquor license and conduct business in Tennessee. It came in the case of a Memphis couple that tried to open a liquor store after they moved from Utah to Tennessee to find better care for their daughter with a disability.

U.S. Supreme Court Upholds Auer Deference

Posted by: Katharine Heriges on Jun 26, 2019
The legal drive to rein in the power of federal regulators hit an unexpected stumbling block yesterday as the Supreme Court narrowly rejected an opportunity to overturn Auer deference, a precedent in which courts let federal agencies interpret their own regulations, Politico reports. The case involved a challenge to the Department of Veterans Affairs’ partial denial of retroactive benefits to a Vietnam War veteran. An appeals court deferred to the VA’s decision, but after the high court ruling, Kisor’s claim will be sent back down for another review. Chief Justice John Roberts split with his Republican-appointed colleagues by refusing to strike down the longstanding legal rule. In his criticism of the decision, Justice Neil Gorsuch said that Auer deference remained an affront to the role of judges and to the public’s right to know — in advance — what legal standard it is bound by.

Your Access to Expert Commentary

Posted by: Katharine Heriges on Jun 25, 2019
Seeking expert commentary on the law? Access legal insight and commentary from more than 15,000 expert legal bloggers with the addition of Lexblog in Fastcase 7. LexBlog is included with your Fastcase benefit. The TBA is upgrading to Fastcase 7 on July 22.

Tennessee AG Participates in National Effort to Fight Illegal Robocalls

Posted by: Katharine Heriges on Jun 25, 2019
The Tennessee Attorney General’s Office yesterday participated in “Operation Call it Quits,” a nationwide effort by the Federal Trade Commission and its law enforcement partners to stem the tide of illegal robocalls. “Operation Call it Quits” includes four new cases and three new settlements from the FTC. Collectively, the defendants in these cases were responsible for making more than a billion illegal robocalls to consumers nationwide. Yesterday's announcement brings the number of cases the FTC has brought against illegal robocallers and Do Not Call violators to 145. Click here to learn how to stop unwanted calls.

61 Attorneys Suspended for Failure to Pay Annual Fee

Posted by: Katharine Heriges on Jun 25, 2019
Twenty-four Tennessee attorneys, 36 out-of-state attorneys and one international attorney have been suspended in Tennessee for failing to pay the annual registration fee. Pursuant to Rule 9, Section 10.1, the annual registration fee is due and payable to the Board of Professional Responsibility on or before the first day of the attorney’s birth month of each year. See the full list of suspensions here and see all current and previous administrative suspensions here.

Tennessee Supreme Court to Hear Case Challenging Cap on Jury Awards

Posted by: Katharine Heriges on Jun 25, 2019
The state Supreme Court this week agreed to hear a challenge to the constitutionality of a Tennessee law that requires judges to override jury awards in civil lawsuits, Knoxnews reports. The punitive damages cap law was part of the Tennessee Civil Justice Act, a package of legislation passed by the state legislature in 2011 to create a pro-business climate in Tennessee by protecting businesses from hefty damages awards in cases of civil wrongdoing. The case that brought the challenge was one of a California woman who was injured in a shop at the Nashville airport and was awarded $444,500 by a jury to cover costs and $930,000 for pain and suffering. Defense attorneys invoked the state's $750,000 damages cap to deny her the full award.

Hawkins County Lawyer Censured

Posted by: Katharine Heriges on Jun 25, 2019
Hawkins County lawyer Daniel Graham Boyd was today publicly censured by the Tennessee Supreme Court. On June 22, 2018, the Board of Professional Responsibility filed a petition for discipline alleging that Boyd failed to diligently represent his clients in a boundary line dispute and failed to adequately communicate with them. Boyd entered into a conditional guilty plea admitting that his actions violated the Rules of Professional Conduct. A public censure is a rebuke and warning to the attorney, but it does not affect the attorney’s ability to practice law.

Commission Recommends 3 to Governor for 24th District Court Vacancy

Posted by: Katharine Heriges on Jun 25, 2019
After a public hearing and public interviews today, the Trial Vacancy Commission recommended three candidates to Gov. Bill Lee for his consideration to fill the judicial vacancy in the 24th Judicial District Chancery Court, which covers Benton, Carroll, Decatur, Hardin and Henry counties. The three selected candidates are J. Brent Bradberry, Vance Walker Dennis and Jennifer Twyman King. This vacancy was created by the appointment and confirmation of Judge Carma Dennis McGee to the Court of Appeals, Western Section.

Church Sues State Over New Law Barring Online Marriage Officiants

Posted by: Katharine Heriges on Jun 25, 2019
The Universal Life Church Monastery is suing Tennessee and four county clerks in an effort to block a new state law that, beginning on July 1, bars any minister who receives an online ordination from solemnizing marriage ceremonies, the Times Free Press reports. The suit asserts that certain provisions of the new law are in direct violation of the First and Fourteenth amendments to the U.S. Constitution in addition to Article 1, Section 3 of the Tennessee Constitution. The lawsuit names Tennessee Attorney General Herbert Slatery and four county clerks whose offices issue marriage licenses, in their official capacities.

FedEx Sues U.S. Commerce Department

Posted by: Katharine Heriges on Jun 25, 2019
FedEx Corp. is seeking an injunction to stop the U.S. Department of Commerce from enforcing certain prohibitions on export shipments carried by FedEx, the Daily Memphian reports. FedEx said it believes measures in the Export Administration Regulations (EAR) violate its constitutional rights to due process. The lawsuit says the regulations “unreasonably hold common carriers strictly liable for shipments that may violate the EAR without requiring evidence that the carriers had knowledge of any violations.” The lawsuit comes as the administration of President Donald Trump increasingly applies pressure against China by putting Chinese manufacturers on the Bureau of Industry & Security's Entity List. U.S. companies are restricted in their ability to do business with more than 1,100 foreign companies on the Entity List.
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