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Posted by: Julia Wilburn on Jul 30, 2024

The U.S. Department of Justice (DOJ) recently filed a lawsuit against Erlanger Hospital in Chattanooga alleging that it violated the Stark Law, a federal anti-kickback statute that also prevents giving favored treatment to physicians. Two former Erlanger executives, Chief Compliance Officer Alana Sullivan and Chief Financial Officer Britt Tabor, filed a whistleblower lawsuit in April 2021, which was unsealed earlier this year, accusing Erlanger of filing false insurance claims using the illegal self-referral process to government payers, including Medicare and Medicaid. News Channel 9 has the story.

Posted by: Julia Wilburn on Jul 30, 2024

Stephen Ross Johnson, a criminal defense trial and appellate attorney with Ritchie, Davies, Johnson & Stovall in Knoxville, was sworn in as second vice president of the National Association of Criminal Defense Lawyers (NACDL) at the group's annual meeting held Saturday in Seattle. Johnson is a past president of the Tennessee Association of Criminal Defense Lawyers, past chair of the TBA's Criminal Justice Section and former associate general counsel for the TBA. He also served on the board of the Knoxville Bar Association. Johnson is the founding past president of the Tennessee Innocence Project, and was involved in the drafting process and policy advocacy resulting in the passage of Tennessee’s Post-Conviction DNA Analysis Act of 2001 and Post-Conviction Fingerprint Analysis Act of 2021. Read more a press release from the NACDL.

Posted by: Julia Wilburn on Jul 30, 2024

A three judge panel on Monday ruled that a new law, which would cut Nashville's Metro Council in half, is unconstitutional. Axios Nashville reports that a majority of the judges agreed with the city's argument that the law violated a provision of the Tennessee Constitution that protects local governments from laws that single them out. In a statement following the court win, Nashville Mayor Freddie O'Connell highlighted a 2015 vote in which voters rejected a proposal to reduce the size of the council. The city sued over the law in March 2023 while another group sued soon thereafter. A temporary injunction on implementation of the cut was approved in April 2023.

Posted by: Julia Wilburn on Jul 30, 2024

A bipartisan bill co-authored by Republican Sen. Marsha Blackburn of Tennessee and Democratic Sen. Richard Blumenthal of Connecticut has passed the Senate with overwhelming support. The Associated Press reports that the bill, which passed 91-3, is designed to protect children from dangerous online content and has been pushed by parents of children who died by suicide after online bullying or otherwise have been harmed by content found online. The legislation would force companies to take reasonable steps to prevent harm on online platforms frequently used by minors, requiring them to exercise “duty of care” and ensure that they generally default to the safest settings possible. This is the first major effort in decades by Congress to hold tech companies accountable for content on their platforms.

Posted by: Julia Wilburn on Jul 30, 2024

Good Times Restaurants Inc., which owns Bad Daddy’s Burger Bar in Murfreesboro, has reached an agreement to resolve allegations that it violated the Americans with Disabilities Act (ADA). Good Times is alleged to have denied service to a group of children who use wheelchairs and their parents who were in Murfreesboro to attend a youth wheelchair basketball tournament. Staff of Bad Daddy's reportedly refused to seat the group, claiming they were a fire hazard. As part of the settlement, Good Times has agreed to pay eight families a sum of $34,000 each, and a civil penalty of $80,000, for a total settlement payment of $352,000. In addition to monetary relief, Good Times agreed to adopt new ADA compliance measures, including new policies and compliance training for its employees. Read more in a press release from the U.S. Attorney's Office for the Middle District of Tennessee.

Posted by: Julia Wilburn on Jul 30, 2024

Anderson County Law Director Nicholas “Jay” Yeager died July 26 at age 65. He received his Bachelor of Science degree in criminal justice from East Carolina University and then worked in law enforcement for many years as a police officer, sergeant and member of the Gwinnett County Bomb Squad and SWAT teams in Georgia. Later, he attended the University of Georgia School of Law, graduating in 2001. Yeager served as assistant county attorney of Anderson County from 2001-2006 and as law director from 2006 until his death. He was recognized as the Tennessee County Attorney of the Year in 2024. His family will receive friends on Aug. 1 from 11:30 a.m. to 1:30 p.m. EDT with the service immediately following at Unicoi Funeral Home, 4428 Unicoi Dr., Unicoi 37692. In lieu of flowers, donations can be made to Boys and Girls Club of Anderson County, Anderson County Volunteer Fire Department, South Clinton Inclusive Playground and Unicoi Methodist Church.

Posted by: Julia Wilburn on Jul 29, 2024
Posted by: Julia Wilburn on Jul 26, 2024

The Tennessee Supreme Court has temporarily suspended Maury County lawyer Amanda Howell Castillo from the practice of law for failing to respond to the Board of Professional Responsibility concerning a complaint of misconduct. Castillo is immediately precluded from accepting any new cases, and must cease representing existing clients by Aug. 25. She must comply with the requirements of Rule 9, Sections 28 and 12.3(d), regarding the obligations and responsibilities of temporarily suspended attorneys.

Posted by: Julia Wilburn on Jul 26, 2024

Vanderbilt Law Professor Michael Newton has been appointed as a member of the American Bar Association's (ABA) Center for Human Rights (CHR) Advisory Council for a one-year term. The CHR is charged with defending advocates, protecting communities and holding governments accountable under law. It focuses on a global scale in areas such as atrocity crimes, dignity rights, human trafficking and labor rights. Newton is an expert on terrorism, accountability, transnational justice and conduct of hostilities issues.

Posted by: Julia Wilburn on Jul 26, 2024

In anticipation of the Aug. 1 primary election, Nashville Public Radio (WPLN) has an overview of state laws and rules that govern who can vote in Tennessee. The station reports that over the last few years, the legislature and state courts have created stringent new rules for several groups: (1) those with felony records who want regain their voting rights, (2) nonprofits that run voter registration drives and (3) people who want to vote in a primary for a party with which they are not currently affiliated. Supporters of these rules say they are necessary for election integrity, while opponents have brought lawsuits in federal court. WPLN has an overview of the latest developments in voting rights in Tennessee. Saturday is the last day to vote early.


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