TBA Law Blog

TBA Law Blog

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TSC Finds Case With Conflicting Evidence Cannot Be Decided Without Trial

Posted by: Katharine Heriges on Jul 22, 2019
In TWB Architects, Inc. v. The Braxton, LLC, the Tennessee Supreme Court found that a case with conflicting evidence can't be decided without a trial, sending the contract dispute back to a lower court and reversing an award of summary judgment. In a unanimous opinion authored by Justice Sharon G. Lee, the court held that there were disputed questions of fact about whether the parties involved, TWB Architects and The Braxton, intended a novation when they entered into an agreement. The court held that summary judgment was inappropriate because this contract dispute cannot not be decided as a matter of law, and the trial court needs to hear witness testimony, resolve credibility issues, and then decide what the parties intended.

Lawsuit: Sen. Dickerson, Other Clinic Owners Defrauded Taxpayers of $50 Million

Posted by: Katharine Heriges on Jul 22, 2019
News Type: Legal News
Federal prosecutors have sued Nashville Sen. Steve Dickerson and several Tennessee doctors on allegations they defrauded the government and taxpayers out of $50 million as owners of one of the largest pain management chains in the nation, the Tennessean reports. The lawsuit accuses Comprehensive Pain Specialists of submitting “thousands of false claims to federal and state funded health care programs.” Many of the fraud allegations stem from billing the government for urine sample drug testing that was unnecessary and overpriced.

Casada Denies Allegations of Quid Pro Quo in Voucher Vote

Posted by: Katharine Heriges on Jul 22, 2019
Tennessee House Speaker Glen Casada, R-Franklin, issued a letter yesterday denying allegations that he offered incentives to lawmakers in exchange for their votes in favor of the Educational Savings Account bill, the Tennessean reports. Reports have claimed Casada offered "incentives" to representatives, in the form of funding projects in their districts, as well as an alleged promise of a military promotion for another representative, in exchange for their votes. In his letter, which he posted on his Facebook page, Casada called the allegations "unequivocally false."

District Public Defenders Conference Elects Burk as President

Posted by: Katharine Heriges on Jul 22, 2019
News Type: Legal News
The Tennessee District Public Defenders Conference has elected Bo Burk to serve as the president of the conference for fiscal year 2019-2020, the Covington Leader reports. Burk is the District Public Defender for the 25th Judicial District, which includes McNairy, Hardeman, Fayette, Tipton and Lauderdale counties. Burk previously served as vice-president and as Western District Representative on the conference’s executive committee.

Davidson County Lawyer Censured

Posted by: Katharine Heriges on Jul 22, 2019
News Type: BPR Actions
Davidson County lawyer John Terence Tennyson on Friday received a public censure from the Board of Professional Responsibility. Tennyson entered into a written agreement with his client for representation in a civil matter to be specifically filed in federal court. The agreement required payment of a $5,000 fee plus a contingent fee based upon recovery by settlement or judgment. The fee was not designated as a non-refundable fee and a penalty provision required his client to pay Tennyson at the rate of $370 per hour for his time if the representation was terminated. Tennyson was not diligent in the preparation and filing of the civil action despite regular assurances that it would be filed soon. Tennyson’s non-lawyer assistant inappropriately discussed legal matters directly with his client. After his client terminated the legal representation, Tennyson filed a civil action in state court without the client’s consent. Tennyson failed to timely serve summons upon the defendants and failed to formally withdraw from the action. The case was ultimately dismissed for lack of prosecution.

Knox County Lawyer Placed on Disability Inactive Status

Posted by: Katharine Heriges on Jul 22, 2019
News Type: BPR Actions
The Tennessee Supreme Court on Friday transferred the law license of Knox County lawyer Charles Gilman Currier to disability inactive status pursuant to Section 27.3 of Tennessee Supreme Court Rule 9. Currier 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 clear and convincing evidence that the disability has been removed and he is fit to resume the practice of law.

Popular FaceApp Raises Concerns About Privacy, Foreign Interference

Posted by: Katharine Heriges on Jul 19, 2019
News Type: Legal News
The popular picture editing app FaceApp is facing scrutiny over what exactly its Russian developers are doing with all of those photos of Americans, but Forbes reports that there’s no cause for concern at the moment. Forbes explains that FaceApp uploads its images to U.S.-based servers and temporarily stores them for 48 hours. The company says it doesn’t share data with third parties. Despite this, U.S. Sen. Chuck Schumer has called on the FBI and the FTC to investigate any potential privacy risks that FaceApp might pose.

Cory Watson Attorneys Expands to Memphis

Posted by: Katharine Heriges on Jul 19, 2019
News Type: Legal News
Cory Watson Attorneys, a national personal injury law firm with offices in Birmingham and Nashville, has recently expanded, opening a new office in Memphis this summer. The expansion comes on the heels of the firm opening its second office in Nashville back in April. The firm’s Memphis office is located in the Clark Tower at 5100 Poplar Avenue, Suite 2700.

Services Tomorrow for Memphis Lawyer Lance Minor

Posted by: Katharine Heriges on Jul 19, 2019
News Type: Passages
Memphis lawyer Lancelot Longstreet Minor III died July 16 at the age of 70. Minor began his law career in Memphis in 1977 after graduating from the University of Memphis School of Law. He was a partner with the Bourland, Heflin, Alvarez, Minor and Matthews firm where he continued to practice law until earlier this year. Minor was also a fellow of the Tennessee Bar Foundation. A memorial service will be held at First Evangelical Church tomorrow at 2 p.m., with a reception to follow at the church. The family requests memorials be given to Christ Community Church, 715 St. Paul Avenue, Memphis, TN 38126, or to First Evangelical Church, 735 Ridgelake Boulevard, Memphis, TN 38120.

Nashville Pro-Fairgrounds Group Wins Appeal in Legal Battle Over Soccer Stadium Plans

Posted by: Katharine Heriges on Jul 19, 2019
News Type: Legal News
The Save Our Fairgrounds coalition has won an appeal overturning a Nashville judge's dismissal of the group's lawsuit to stop construction of the city's Major League Soccer stadium, the Tennessean reports. The Tennessee Court of Appeals overturned Davidson County Chancellor Ellen Hobbs Lyle rejection of the coalition's argument regarding the construction of the stadium, which said it failed to identify "genuine issues."  The coalition sued the city in September, arguing the construction at the fairgrounds and the elimination of 3,500 parking spaces would make it impossible for the Nashville Flea Market to operate on the fairgrounds.
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