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Supreme Court Clarifies Standard for Reduction of Jury Verdict

Posted by: Katharine Heriges on Oct 20, 2017
The Tennessee Supreme Court has clarified when and how both trial and appeals courts can reduce jury verdicts. A Memphis truck driver was awarded $3.7 million in damages by a jury in a case, but the trial court reduced the amount of the jury’s award (called a “remittitur”) to $2.1 million. The court of appeals affirmed part of the trial court’s remittitur of the jury’s award and reversed other parts of it. In addition, it also reduced the damages for “loss of enjoyment of life” even further, from $400,000 down to $50,000. The Supreme Court held that an appellate court may order its own remittitur of a jury’s damage award, even if the trial court has already reduced the award, but the appellate court may do so only if the award as reduced by the trial court “exceeds the uppermost boundary of the range of reasonableness,” i.e., is not supported by material evidence. The court of appeals did not follow this standard, and the Supreme Court reversed its remittitur of the jury’s award for loss of enjoyment of life.   

Celebrate Pro Bono: Nashville Schools Office to Host Legal Clinic

Posted by: Katharine Heriges on Oct 20, 2017

October is Celebrate Pro Bono Month, and all month long the TBA will be highlighting pro bono opportunities and events for Tennessee attorneys. In partnership with the Legal Aid Society of Middle Tennessee and the Cumberlands, Metro Nashville Public Schools (MNPS) will host a legal clinic this weekend. The clinic is held the third Saturday of every month from 8:30 to 11 a.m. at MNPS’s English Learners Office, 615 Fessey Park Road, Nashville, off Bransford Avenue next to MNPS admin building. For more information, contact the Legal Aid Society of Middle Tennessee and the Cumberlands at (615) 244-6610. For more Celebrate Pro Bono events, visit the TBA website.

Bedford County Lawyer Censured

Posted by: Katharine Heriges on Oct 20, 2017
Bedford County lawyer Christopher P. Westmoreland received a public censure on Oct. 17 from the Board of Professional Responsibility. In one case, Westmoreland was found to have failed to have adequately communicated with a client in a change of custody case. He mailed his client a copy of a court order in the case, but the client did not receive it. Westmoreland did not resend a copy of the order for several months, despite requests from his client. In a separate case from March 2016, Westmoreland was hired to represent a client in a worker's compensation case. A few months later, Westmoreland intended to withdraw from the representation, but did not do so. The court entered orders in July and September of 2016 ordering Mr. Westmoreland’s client to respond to discovery.  The client was not aware of these orders and the discovery was not completed. The case was dismissed as a discovery sanction in Nov. 2016.

Sullivan County Lawyer Censured

Posted by: Katharine Heriges on Oct 20, 2017
On Oct. 17, Sullivan County attorney Ricky A. W. Curtis received a public censure from the Board of Professional Responsibility. In April 2016, Curtis filed a notice of appeal for a client seeking to appeal a criminal sentence, but did not file a brief in the matter. The court entered an order giving Curtis 20 days to file the brief. He received this order, but did not file a brief. On Feb. 23, the court found that Curtis willfully failed to follow court rules and orders and was in contempt of court.

Suspects in Zaevion Dobson Murder Want Trial Moved

Posted by: Katharine Heriges on Oct 20, 2017
The defense of the suspects in the killing of 15-year-old football player Zaevion Dobson want the trial moved outside of Knox County, the Knoxville News Sentinel reports. After the case received national attention from the likes of ESPN and even former President Barack Obama, Dobson became a hometown hero, and attorneys for Richard Gregory Williams III, Christopher Drone Bassett and Kipling Colbert, Jr. don’t believe that a Knox County jury could give the accused a fair trial. Knox County Criminal Court Judge Steve Sword must now decide if the trial should be moved, or possibly bus in jurors from another area.

Putnam County Bar Names Officers for 2018

Posted by: Katharine Heriges on Oct 20, 2017

The Putnam County Bar Association held its annual meeting on Oct. 19 and elected new officers for 2018. The newly elected board includes President Gordon Byars, President-Elect Ashley Waters, Secretary Bill Gibson and Treasurer Dale Bohannon.

CLE Court Square 2017 in Columbia

Posted by: Katharine Heriges on Oct 20, 2017
On October 24, this year’s Court Square CLE will be held at First Farmers Bank in Columbia. Tim Takacs will cover succession planning in all stages: opening your practice, transitioning to another firm, scaling back your practice due to disability or health, retiring, or closing your practice. After the program ends, you are invited to attend a special workshop on running for office held during the local bar meeting. Lunch will be provided.  

10th District Could Get Veterans Court

Posted by: Katharine Heriges on Oct 20, 2017
Tenth District Criminal Court Judge Sandra Donaghy said recently that the district could be in line to soon have a veterans court, the Cleveland Daily Banner reports. She said an application has been submitted for a veterans court grant, and that a training session will occur in early 2018. Donaghy made the comments during a speaking engagement with the Bradley County Republican Women yesterday.

Dickson Reforms Municipal Court, Appoints Reynolds to Preside

Posted by: Katharine Heriges on Oct 20, 2017

Dickson Mayor Don L. Weiss Jr. has named attorney Stan Reynolds to preside over the recently re-created Dickson Municipal Court, The Dickson Herald reports. The mayor’s recommendation was approved by the city council this week. The council recently passed an ordinance to establish a new municipal court that will not have general sessions jurisdiction. All criminal cases originating in the city of Dickson are now being heard in Dickson County General Sessions Court in Charlotte.

Overbey Confirmed by Senate Judiciary Committee for U.S. Attorney Role

Posted by: Katharine Heriges on Oct 19, 2017
State Sen. Doug Overbey (R-Maryville) has been confirmed to serve as the United States Attorney for the Eastern District of Tennessee by the Senate Judiciary Committee today, the Knoxville News Sentinel reports. He still has to be confirmed by the entire U.S. Senate. Overbey was nominated three months ago by President Donald Trump. Overbey is currently a senior partner and co-founder of the Robertson Overbey law firm in Knoxville, where he practices antitrust and commercial litigation. 
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