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Former Vandy Doc Accused of Abusing Hospital Records Privileges Sues Hospital for Refusing to Defend Him

Posted by: Katharine Heriges on Feb 15, 2019
A former Vanderbilt University Medical Center doctor who is accused of using his hospital privileges to snoop into the private medical records of his ex-wife has filed a lawsuit against the hospital for refusing to defend him in court, the Tennessean reports. Dr. Douglas Burka, who was a surgical resident at Vanderbilt from 2010 to 2012, recently faced lawsuits in Maryland and Maine that accused him of using his position as a doctor to access the confidential medical, gynecological and mental health records of his ex-wife. Burka filed his new lawsuit against Vanderbilt earlier this month, arguing the hospital had a duty to defend him against the lawsuits from his ex-wife. Generally, hospitals agree to defend their doctors against lawsuits, but can void those agreements if the doctor isn’t acting within the scope of their job, or if their conduct is considered fraudulent or criminal.

Justice Ginsburg Returns to the Bench

Posted by: Katharine Heriges on Feb 15, 2019
U.S. Supreme Court Justice Ruth Bader Ginsburg is returned to the U.S. Supreme Court on today for the first time since her surgery for lung cancer, The ABA Journal reports. The court announced that 85-year-old Ginsburg was to participate in the private conference in which justices review requests for certiorari. The justices return for oral arguments Tuesday.

Lawyer for Accused Police Officer Questions Nashville DA's Position on Discovery

Posted by: Katharine Heriges on Feb 15, 2019
The lawyer for Nashville police officer Andrew Delke, who was charged with first-degree murder after shooting Daniel Hambrick during a foot chase, filed a document on Thursday accusing District Attorney Glenn Funk of flip-flopping when considering the seal of evidence in the case, The Tennessean reports. Attorney David Raybin filed the reply to the state’s position regarding discovery, questioning Funk’s stance that evidence in the case be made public before the trial, highlighting his office’s position on the recent rape case against Vanderbilt football players where the state attorney general submitted a brief to seal the evidence until the case was adjudicated.

Court Extends Deadline for Comments on Proposed Changes to Rule 7

Posted by: Katharine Heriges on Feb 15, 2019
The Tennessee Supreme Court has granted a motion to extended the deadline to submit comments on proposed amendments to Rule 7. The new deadline is March 15. In an order filed Jan. 17, the court set a deadline of Feb. 15 for filing written comments, and the Tennessee Board of Law Examiners filed a motion asking to extend the deadline. Comments should be e-mailed to appellatecourtclerk@tncourts.gov or mailed to: James M. Hivner, Clerk, Tennessee Appellate Courts, 100 Supreme Court Building, 401 7th Avenue North, Nashville, TN 37219-1407.

2 Memphis Legislators Under Scrutiny for Campaign Finance Reporting

Posted by: Katharine Heriges on Feb 14, 2019
The Tennessee Registry of Election Finance has issued show-cause notices to Rep. G.A. Hardaway and Rep. Joe Towns, both Memphis Democrats, for shortcomings in their campaign finance reporting, The Daily Memphian reports. Hardaway, who filed his pre-general report late last year, had previously been told to submit a corrected report to show $7,000 in political action committee contributions by Jan. 18, but the report he filed contained no corrected information. The Registry voted to asses Towns $20,000 in civil penalties for failing to make two financial reports.

U.S. News to Launch 'Scholarly Impact' Method of Law School Ranking

Posted by: Katharine Heriges on Feb 14, 2019
U.S. News & World Report plans to launch a new law school ranking — one that will sort schools according to the “scholarly impact” of their faculties, Law.com reports. The new ranking will be separate from the closely watched “Best Law Schools” ranking. To gauge the scholarly impact of each law faculty, U.S. News said it has partnered with legal periodical publisher William S. Hein & Co. Inc. to track both the number of articles faculties produce as well as the number of citations in other scholarship that professors’ work generated over a five-year period. That, in turn, is intended to measure how productive and influential law faculties are.

Weekly Video Legislative Update Available

Posted by: Katharine Heriges on Feb 14, 2019
The TBA livestreamed its weekly video legislative update today, covering the progress of three of the TBA's current bills in the legislature. These videos will continue on most Thursdays while the Tennessee General Assembly is in session. Catch up with today's video on YouTube and tune in next Thursday on Facebook live.

ABA Issues Guidance on Judges Performing Same-sex Marriages

Posted by: Katharine Heriges on Feb 14, 2019
The American Bar Association Standing Committee on Ethics and Professional Responsibility released today a formal opinion giving judges guidance related to their options for performing same-sex marriages under the Model Code of Judicial Conduct. The formal opinion differentiates between the obligations of a judge whose performance of marriages is either mandatory or optional. In either case, Formal Opinion 485 said the Model Code of Judicial Conduct is violated “by refusing to perform marriages for same-sex couples while agreeing to perform marriages of opposite-sex couples.” If a judge is not obligated to perform marriages, the judge “may decline to perform all marriages for members of the public” while maintaining that prerogative for “family and friends,” the opinion said. Still, the judge must be consistent and not discriminate based on sexual preference in performing those specific marriages.

Slatery: Transgender Individuals Covered Under Hate Crime Law

Posted by: Katharine Heriges on Feb 14, 2019
Tennessee has become the first state in the South with a hate crime statute protecting transgender individuals, following the Feb. 8 issuance of an opinion by State Attorney General Herbert Slatery, the Tennessean reports. "A defendant who targets a person for a crime because that person is transgender has targeted the person because of his or her gender within the meaning of the current state law that outlines sentence enhancements for hate crimes," Slatery wrote. The opinion came in response to a question posed by Rep. Mike Stewart, D-Nashville.

General Counsel to Haslam Returns to Knoxville Firm

Posted by: Katharine Heriges on Feb 14, 2019
General Counsel to Gov. Bill Haslam, Dwight E. Tarwater, has rejoined his former Knoxville-based law practice. The firm has transitioned its name from Paine Bickers LLP, to Paine, Tarwater and Bickers LLP. Tarwater was one of the founding members of the firm when it was established in 1987. In 2014, he left to join the Haslam Administration, where he provided advice on legal, financial, political and governmental issues and oversaw a team that reviewed and commented on pending legislation and policies. He also oversaw the governor’s judicial appointment process.
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