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Court Overrules State v. Jacumin on Sufficiency of Affidavit to Issue Search Warrant

Posted by: Katharine Heriges on Apr 5, 2017
The Tennessee Supreme Court upheld the constitutionality of a 2012 search warrant in the case of Jerry Lewis Tuttle, overruling State v. Jacumin and adopting the totality-of-the-circumstances approach for determining whether an affidavit sufficiently establishes probable cause for issuance of a search warrant. Tuttle had moved to suppress evidence seized from the search, but the trial court denied the motion and admitted the evidence at trial. The Court of Criminal Appeals reversed the decision, leading to the state's appeal to the Supreme Court. Nashville defense attorney David Raybin was critical of the ruling, saying "This decision is another instance where the Court is eliminating independent Tennessee Constitutional oversight over police searches."

Business Court Pilot Project Moves to Phase 2

Posted by: Katharine Heriges on Apr 5, 2017
The Tennessee Supreme Court is launching Phase 2 of the Tennessee Business Court Docket Pilot Project, following the success of the initial phase of the program, which began in 2015. Since its inception, nearly 90 business cases have been transferred to the docket. “In addition to assisting businesses by providing a specialized docket to address complex business disputes, it also helps cases involving citizens of our states by speeding up other dockets,” Chief Justice Jeffrey Bivins says of the program. Tennessee is one of 29 states with a specialized court for complex business issues.

Fred Thompson’s Sons Drop Suit Over Estate

Posted by: Katharine Heriges on Apr 5, 2017
The sons of Sen. Fred Thompson have dropped their lawsuit against their step-mother, Jeri Thompson, which claimed they were cut out of the late politician’s estate, the Tennessean reports. Tony and Dan Thompson dismissed their case on March 22. Jeri Thompson’s attorney, Bill Ramsey, claimed that the sons “misread, intentionally or otherwise, descriptions in legal bills that never should have been filed with the court.”

Las Vegas Restaurant Sues Chattanooga Eatery for Trademark Infringement

Posted by: Katharine Heriges on Apr 5, 2017
The Las Vegas-based Heart Attack Grill is suing Chattanooga restaurant Heart Attack Shack for trademark infringement, Nooga.com reports. The suit was filed March 27 in the Middle District of Tennessee Court and alleges that the local spot was attempting to confuse customers into believing the Chattanooga location was somehow endorsed or related to the Las Vegas restaurant. 

Lighting Company Sues Chattanooga Mayor, Electric Power Board

Posted by: Katharine Heriges on Apr 5, 2017
A Chattanooga lighting company that supplied energy-efficient streetlights to the city is suing Mayor Andy Berke and the Electric Power Board of Chattanooga, claiming breach of contract, the Times Free Press reports. Global Green Lighting installed streetlights in the city under a contract negotiated by former Chattanooga Mayor Ron Littlefield in 2012, but under Berke’s leadership, the contract was terminated after a city review found that nearly 40 percent of the lights failed to measure any power usage and others were artificially capped.

Kustoff Files Bill to Combat Anti-Semitism

Posted by: Katharine Heriges on Apr 4, 2017
West Tennessee Republican Congressman David Kustoff filed a bill targeting religious intolerance last week, inspired by recent bomb threats against Jewish community centers, the Commercial Appeal reports. The bill, called the Combating Anti-Semitism Act, would increase the federal penalty for making bomb threats and other threats of violence against community religious centers, and would enable authorities to prosecute such acts as a hate crime.

Trump, Supporters Can Be Sued for Inciting Violence

Posted by: Katharine Heriges on Apr 4, 2017
A federal judge in Louisville ruled that a suit against President Donald Trump and three supporters may continue, in a case that stems from a 2016 campaign rally where violence broke out against protestors, the Courier-Journal reports. U.S. District Judge David J. Hale of the Western District of Kentucky said in his ruling that Trump was “particularly reckless” to shout “get them out of here,” when violence had occurred at a previous rally and known hate group members were in attendance that day. 

Last Chance to Register for Memphis Deposition CLE

Posted by: Katharine Heriges on Apr 4, 2017

A CLE addressing basic and intermediate deposition techniques will be held at the University of Memphis on April 13. Attendees will hear from experienced litigators who will discuss key components of the deposition process. An additional portion of the program will be devoted to ethical considerations in deposition settings, dealing with difficult counsel and witness preparation. Find out more and register here.

Candidates Emerge to Replace Judge Moreland

Posted by: Katharine Heriges on Apr 4, 2017

Multiple Nashville attorneys have emerged as possible replacements for embattled General Sessions Judge Casey Moreland, the Tennessean reports. Metro Councilman Sam Coleman, former Metro Councilman-at-Large Adam Dread, assistant prosecutor at the District Attorney’s Office Ana Escobar and public defender Martesha Johnson have confirmed they will seek the job, which will be appointed by the Metro Council at its May 16 meeting.

TBA Elections Results Announced

Posted by: Katharine Heriges on Apr 4, 2017
Results have been tabulated in the Tennessee Bar Association elections. Winning candidates were: TBA East Grand Division Governor, Position 1, Tasha Blakney; TBA Second District Governor, Shelly Wilson; TBA House of Delegates YLD Middle Division, Nina Kumar; YLD Middle Tennessee Governor, Jason Hicks; YLD East Tennessee Governor, Brittany Thomas Faith; YLD District 3 Representative, Alyssa Minge; YLD District 5 Representative, Alexander McVeagh; YLD District 9 Representative, Anthony Adewumi; and YLD District 11 Representative, Debbie Zimmerle.
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