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Tax Bill Includes Law Firms in Pass-Through Tax Relief, With Limits

Posted by: Katharine Heriges on Dec 27, 2017
Under the new tax bill signed into law last week, law firms will see tax relief for pass-through entities, the ABA Journal reports. The bill gives a tax deduction to owners of pass-through businesses, but caps will phase out the deduction for higher-income professional service providers. Owners of pass-through businesses will be able to take a 20 percent deduction for qualified business income they receive from the entity.

Nashville DA’s Office Focusing on Elder Abuse

Posted by: Katharine Heriges on Dec 27, 2017
Nashville’s District Attorney General has appointed a prosecutor to focus exclusively on crimes against elderly people, The Tennessean reports. DA Glenn Funk has asked Assistant District Attorney Ardie Griffin to assume the role. "With diminished cognitive and physical skills, (elderly people) are prime targets for financial exploitation. Physical and sexual abuse are also disturbingly frequent," Funk said. Griffin said she was shocked by the sheer volume of elder abuse complaints in Davidson County, and the numbers are expected to grow in coming years as baby boomers age into retirement.

Tenn. Supreme Court Clarifies Law on Wrongful Death Lawsuits Filed by Parent Who Owe Child Support

Posted by: Katharine Heriges on Dec 27, 2017

In a case filed in Monroe County, the Tennessee Supreme Court clarified when Tennessee laws prevent a person who owes child support from receiving money damages from a wrongful death lawsuit. Those laws apply, the Court said, only when the person is a parent of the child who died, and the back child support is owed for that child. The unanimous opinion was authored by Justice Holly Kirby.

Diane Black Steps Down as Chair of House Budget Committee

Posted by: Katharine Heriges on Dec 27, 2017
Just one week after she helped pass the tax bill, U.S. Rep. Diane Black announced today she would step down from her position as chair of the House Budget Committee, the Nashville Post reports. Black is currently running for governor of Tennessee, in which she leads polls for the Republican nomination. Rules require committee chairs running for office to step down, but House Speaker Paul Ryan had granted her a temporary waiver.

Immigration Crackdown Planned for Job Sites in 2018

Posted by: Katharine Heriges on Dec 27, 2017
The federal government will ramp up job site immigration enforcement actions in Tennessee next year, The Commercial Appeal reports. The investigations will focus on “critical infrastructure,” such as airports, defense contractors or food distributors. The crackdown is based on orders from Thomas D. Homan, acting director of U.S. Immigration and Customs Enforcement.

Researchers Find Link Between Brain Trauma, Criminal Behavior

Posted by: Katharine Heriges on Dec 27, 2017
After a Vanderbilt University professor found a connection between criminal behavior and brain trauma, defense attorneys say they can establish a link in court as well, WSMV reports. Brain scans are being used as defense tactics to explain behavior as well as determine punishments, according to Nashville lawyer David Raybin. The author of the research, assistant professor of neurology Ryan Darby, focused his study on people with brain tumors, as well as individuals who had suffered a stroke or a brain bleed. 

Court Extends Business Court Pilot Project

Posted by: Katharine Heriges on Dec 27, 2017
The Tennessee Supreme Court released an order Friday to continue the business court docket pilot project, following recommendations from its Business Court Docket Advisory Commission. Since its founding in 2015, 129 cases have been transferred to the specialized docket with litigants ranging from large, national companies to small businesses. “This specialized court model provides the judicial branch with the opportunity to focus on what is often very complex and time-consuming litigation and provides efficient and effective outcomes for business owners when there is an issue,” Gov. Bill Haslam said of the project. Effective Jan. 1, the court will assign cases transferred to the business court docket to Judge Joseph P. Binkley of the 20th Judicial District. Cases transferred prior to Jan. 1, shall remain assigned to Davidson County Chancery Court Part III.

SCOTUS: Judge Ruled on DACA Documents Too Soon

Posted by: Katharine Heriges on Dec 22, 2017
The U.S. Supreme Court on Wednesday said that U.S. District Judge William Alsup ruled too soon when we ordered document disclosure in lawsuits challenging the Trump administration’s DACA wind-down, the ABA Journal reports. In a per curiam decision, the court said that Alsup should have ruled first on the government’s claim that the courts have no jurisdiction to rescind the program. The judge should have stayed his order to resolve the government’s arguments.

Judge Dismisses Ethics Charges Against President Trump

Posted by: Katharine Heriges on Dec 22, 2017
U.S. District Judge George Daniels has dismissed an ethics lawsuit against President Donald Trump, CNN reports. Citizens for Responsibility and Ethics in Washington (CREW) sued the president in January over Trump’s business interests, which they claim create conflicts of interest and violate the Emoluments Clause of the U.S. Constitution. Daniels said the plaintiffs did not have standing to bring the suit.

Sessions Rescinds Letter Asking Courts to Be Cautious of Excessive Fines for Poor People

Posted by: Katharine Heriges on Dec 22, 2017
U.S. Attorney General Jeff Sessions has rescinded a Justice Department letter asking local courts to be wary of hitting poor defendants with excessive fines and fees, as a part of his crackdown on what he sees as federal overreach, The Washington Post reports. Sessions said that he was ending “the long-standing abuse of issuing rules by simply publishing a letter or posting a web page.” The letter, originally sent in March 2016, pointed out to chief judges and court administrators across the country that the DOJ had a “strong interest” in making sure the rights of citizens were protected. American Bar Association President Hilarie Bass issued a statement today in response to the move, saying she was "disappointed" in the changes.
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