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Posted by: Katharine Heriges on Jul 7, 2017
The campaign account of U.S. Rep. John J. “Jimmy” Duncan Jr. has paid hundreds of thousands of dollars to Duncan’s family members, the Nashville Post reports. Duncan has paid his two sons, niece, son-in-law, daughter-in-law and sister for campaign work over the past decade. Watchdogs say that the payments appear to be at odds with Federal Election Commission standards.
Posted by: Katharine Heriges on Jul 6, 2017
A free legal advice clinic in Chattanooga hosted by Legal Aid of East Tennessee (LAET), Tennessee Faith and Justice Alliance, Christian Legal Society and Chattanooga Gospel Justice Initiative will be held at White Oak United Methodist Church on Tuesday from 6:30 p.m. to 8:30 p.m. The church is located at 2232 Lyndon Avenue. The Chattanooga House of Prayer will also be available at the event to offer prayer support and encouragement for participants. Anyone who would like more information about this event or the partnership should contact Paige Evatt, Pro Bono Director at Legal Aid of East Tennessee, (423) 402-4758.
Posted by: Katharine Heriges on Jul 6, 2017
Fourteen lawyers have been suspended for noncompliance with mandatory IOLTA reporting requirements. Of that group, 12 are from Tennessee, one is from Alabama and one is from Kentucky. Additionally, one attorney has been reinstated after complying with Section 20 of Supreme Court Rule 9 and paying all delinquent fees and mandatory IOLTA requirements have been completed, and another, suspended in 2016, has been reinstated for paying all delinquent registration fees.
Posted by: Katharine Heriges on Jul 6, 2017

Legal Aid of East Tennessee (LAET), in partnership with the Knoxville Bar Association (KBA), will host a Debt Relief Legal Advice Clinic on July 29 beginning at 9:30 a.m. The clinic will be held at Powell United Methodist Church, 323 W. Emory Road in Powell. This is not a walk-in clinic — clients must be pre-screened in order to attend. Attorneys interested in volunteering for this clinic should contact Kathryn Ellis, LAET Pro Bono Project Director, (865) 251-4950.

Posted by: Katharine Heriges on Jul 6, 2017
Although a federal judge dismissed a suit filed by activists who had been placed on Memphis City Hall’s security “blacklist,” the American Civil Liberties Union will continue pursuing the case, The Commercial Appeal reports. U.S. District Judge Jon P. McCalla ruled that the four activists don’t have the right to file suit against the city of Memphis for violations of a 1978 consent decree because the four weren’t involved in the actual case that led to the 1978 decree. The ACLU, however, does have the right, according to McCalla’s ruling. The ruling also found that the 1978 decree against police surveillance is still in effect today, despite arguments otherwise from the city attorney.
Posted by: Katharine Heriges on Jul 6, 2017
A businessman sentenced in 2014 for a mortgage fraud scheme wants his conviction tossed out and a new trial, the Times Free Press reports. Attorney Michael Richardson argued in Chattanooga’s U.S. District Court that Joshua Dobson did not make an informed decision when he exercised his constitutional rights and took his case to trial in 2013. Richardson further explained that Dobson’s former attorney allowed his client to turn down a plea deal without properly explaining the amount of time Dobson faced in prison. Federal prosecutors, however, noted that the government never formally offered a deal to Dobson.
Posted by: Katharine Heriges on Jul 6, 2017
Attorneys general from 18 states and the District of Columbia today sued the U.S. Department of Education and its secretary, Betsy DeVos, over the decision to freeze rules for erasing debt from student borrowers who were cheated by colleges that acted fraudulently, The New York Times reports. The rules were put into place in October after years of negotiation and were scheduled to take effect on July 1, but DeVos paused the rollout, citing a lawsuit filed by for-profit colleges that seeks to block the rules entirely. The states’ suit claims that the excuse given by the department is “mere pretext” for repealing the rules. Also today, two student borrowers sued the department in the same federal court over the delayed rules.
Posted by: Katharine Heriges on Jul 6, 2017
Murfreesboro Police confirmed that the MPD and Murfreesboro Fire have been hit by a “different, morphed version” of the WannaCry ransomware attack, The Tennessean reports. Most of the affected data is not retrievable, and it is not clear at this time whether any significant files have been lost. WannaCry is part of a worldwide malware attacked that began in May. 
Posted by: Katharine Heriges on Jul 6, 2017
At its annual membership meeting in Kingsport, the Tennessee Bar Foundation installed a new chair as well as new Grand Division Trustees. Mark L. Hayes of Dyersburg took office as the 36th Foundation Chair. Hayes practices with the Jenkins Dedmon Hayes Law Group. Judge Amy V. Hollars of Livingston was elected as a Middle Grand Division Trustee and John W. Whitworth of Camdon was elected as a West Grand Division Trustee. Hollars is a Circuit Court judge for the 13th Judicial District and Whitworth serves as judge of the Benton County General Sessions and Juvenile Courts.
Posted by: Katharine Heriges on Jul 5, 2017
The Tennessee Supreme Court has ruled that a prospective plaintiff who provides pre-suit notice of a healthcare liability claim to a single healthcare provider is not required to provide a medical authorization compliant with HIPAA. In the case of Bray v. Khuri, Deborah Bray sent a pre-suit notice to Dr. Radwan R. Khuri advising him of a potential claim for the wrongful death of her husband, and she later filed suit. Khuri moved to dismiss on grounds that the medical authorization in the notice was not in compliance with HIPAA. The trial court and Court of Appeals granted Khuri’s motion, but in a unanimous opinion, the Tennessee Supreme Court reversed the lower court decisions.

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