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Rose Wins State Senate Special Election

Posted by: Katharine Heriges on Mar 13, 2019
Covington businessman Paul Rose is the new state senator from District 32, The Daily Memphian reports. Rose was the winner over Democratic nominee Eric Coleman in yesterday’s special general election for the seat, keeping it in the Republican column. Rose will fill the unfinished term of former Sen. Mark Norris, who was nominated and confirmed last year as a federal judge. Rose's term runs to the end of 2020.

TSC Rules Media May Not Be Compelled to Disclose Protected Information

Posted by: Katharine Heriges on Mar 13, 2019
The Tennessee Supreme Court ruled today that the fair report privilege provided to journalists cannot be defeated by either express or actual malice. The decision came in an appeal arising out of a defamation action that Davidson County District Attorney General Glenn Funk filed against Scripps Media Inc. and Nashville reporter Phil Williams. The Supreme Court sent the case back to the trial court for further proceedings to determine if the reports were fair and accurate and whether the information was obtained from an official action or proceeding. Justice Cornelia Clark authored the court's opinion.

Federal Lawsuit Claims La Vergne Mayor Retaliated Against Employee Who Complained of Discrimination

Posted by: Katharine Heriges on Mar 13, 2019
A new federal lawsuit says La Vergne City Mayor Jason Cole refused to let an assistant city recorder work after she made complaints of sex discrimination and unequal pay, The Daily News Journal reports. April Lawrence, a five-year city employee, says she was placed on administrative leave after sending a 30-page complaint to Cole and other city leaders. She had previously met with the director of human resources in an attempt to address the perceived problems. The lawsuit says Cole and the city are violating the Equal Pay Act and Fair Labor Standards Act. Lawrence wants a jury trial, back pay and other fees a jury deems necessary.

4 Tennessee Law Schools on U.S. News Rankings of Top Institutions

Posted by: Katharine Heriges on Mar 13, 2019
The 2020 U.S. News Best Law Schools rankings were released yesterday, with four Tennessee institutions making the listings. Vanderbilt University was rated highest, but dropped one position to 18. The University of Tennessee College of Law leaped ahead several spots, from 65 last year to 59 this year. Belmont University College of Law and the University of Memphis Cecil C. Humphreys School of Law tied for 138th place, while last year they were 139 and 137, respectively.

Tennessee Lawyer Disbarred

Posted by: Katharine Heriges on Mar 12, 2019
By order of the Tennessee Supreme Court entered March 5, Thomas Patrick Cooper was disbarred from the practice of law effective immediately. On July 20, 2018, the Tennessee Supreme Court ordered the immediate suspension of Cooper based upon his plea of nolo contendere to one count of grand theft and one count of defrauding a financial institution in the 17th Judicial Circuit Court in Florida. On Aug. 9, 2018, the Board filed a petition for final discipline. A hearing panel determined the appropriate sanction in this case is disbarment.

Davidson County Lawyer Placed on Disability Inactive Status

Posted by: Katharine Heriges on Mar 12, 2019
The law license of Davidson County lawyer Lawrence Doyle Wilson was today transferred to disability inactive status pursuant to Section 27.3 of Tennessee Supreme Court Rule 9. Wilson cannot practice law while on disability inactive status. He may return to the practice of law after reinstatement by the Tennessee Supreme Court upon showing of clear and convincing evidence that the disability has been removed and he is fit to resume the practice of law.

City of Memphis Files Lawsuit Against Opioid Manufacturers

Posted by: Katharine Heriges on Mar 12, 2019
The city of Memphis is suing 21 opioid manufacturers and distributors in a federal lawsuit claiming “opioid addiction is ravaging Memphis," The Daily Memphian reports. The lawsuit, filed last week, alleges the list of corporations, led by Purdue Pharma LP, “manufactured, promoted and marketed opioids for the management of other forms of pain by misleading consumers and medical providers through misrepresentations or omissions regarding the appropriate uses, risks and safety of opioids. The city is seeking to recover “economic losses – direct, incidental or consequential pecuniary losses – resulting from defendants’ civil conspiracy” and the establishment of an “abatement fund” to be funded by the corporations.

Council Sends 3 Names to Lee to Fill Court of Appeals Vacancy

Posted by: Katharine Heriges on Mar 12, 2019
After holding a public hearing and conducting public interviews today, the Governor’s Council for Judicial Appointments selected three applicants to forward to Gov. Bill Lee for his consideration to fill the judicial vacancy in the Court of Appeals - Western Division. Moving forward will be Jackson attorney Steven Wayne Maroney, Savannah attorney Carma Dennis McGee and Memphis attorney Mary L. Wagner. The Court of Appeals vacancy was created by the appointment of Brandon O. Gibson as Senior Advisor in the Office of the Governor. Fourteen applied for the position.

Tennessee Supreme Court Adopts Good Faith Exception to Exclusionary Rule

Posted by: Katharine Heriges on Mar 12, 2019
The Tennessee Supreme Court has adopted a good-faith exception similar to one set forth by the United States Supreme Court in Herring v. United States, which held “that when police mistakes are the result of negligence . . . rather than systemic error or reckless disregard of constitutional requirements,” the evidence is not subject to the exclusionary rule. The court was divided, with Justice Roger Page authoring the majority opinion, and both Justice Holly Kirby and Justice Sharon Lee authoring separate opinions which concurred and dissented in part.

CATALYST Students Visit Legislature for Day on the Hill

Posted by: Katharine Heriges on Mar 12, 2019
Students from the Chattanooga School of the Arts and Sciences visited the Tennessee legislature today as a part of the TBA Young Lawyers Division CATALYST program. The program solicited ideas for legislation from schools across the state, helped the students compose their own legislation, and then selected one bill to introduce at the General Assembly. The students who wrote the bill toured the Capitol today and met with Rep. Yusuf Hakeem, D-Chattanooga, as well as lobbyists and other government leaders.
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