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Posted by: Julia Wilburn on Sep 8, 2023

Tennessee Supreme Court Justice Dwight E. Tarwater received a warm welcome to the bench this week when family, friends, colleagues, elected officials and the judiciary joined him in Knoxville for his ceremonial investiture by Gov. Bill Lee. Tarwater was confirmed as a Supreme Court justice by the Tennessee legislature in March and his term began on Sept. 1. He fills the vacancy created by the retirement of Justice Sharon G. Lee. Tarwater joins Chief Justice Holly Kirby (Memphis), Justice Jeffrey S. Bivins (Franklin), Justice Roger A. Page (Mifflin) and Justice Sarah K. Campbell (Nashville) on the state’s highest court. “Dwight Tarwater has the integrity, the intellect, the work ethic, the compassion and the old-fashioned common sense needed to be an excellent justice on our state's high court. He also has perhaps the most important quality — humility,” Kirby said. “On most of the questions that we hear, the ruling of the Tennessee Supreme Court is the final word. There is no appeal, no higher authority. That's why humility is so important.” 

Posted by: Julia Wilburn on Sep 8, 2023

Kroger has agreed to pay up to $1.4 billion to settle thousands of lawsuits which allege that the supermarket chain's pharmacies contributed to the opioid epidemic. Reuters reports that this settlement includes $1.2 billion for U.S. states, counties and municipalities; $36 million for Native American tribes; and $177 million for attorneys' fees and expenses. The agreement does not require Kroger to admit wrongdoing, and the settlement amount depends on the participation of eligible states, which includes Tennessee. Kroger faced over 2,000 lawsuits related to the opioid crisis, and this settlement is part of a broader effort to hold companies accountable for their role in the epidemic, which has claimed the lives of nearly 645,000 people in the United States from 1999 to 2021.

Posted by: Julia Wilburn on Sep 8, 2023

The University of Tennessee College of Law welcomed its most highly credentialed class for the second year in a row. The 143 students in the Class of 2026 boast a median GPA of 3.78 and a median LSAT of 162, the strongest numbers in school history. The class, which is the largest since 2013, was drawn from a record number of applications, over 1,500. The number was 16% higher than in the most recent application cycle. The College of Law also saw an increase in applications to its Master in Legal Studies Program — and welcomed 22 new students — bringing that program’s total enrollment to 35.

Posted by: Julia Wilburn on Sep 8, 2023

Americans for Prosperity hosted the Reignite the American Dream Dinner & Summit in Kingsport yesterday, where lawmakers discussed policies related to the American Dream. WJHL reports that topics included economic concerns such as rising inflation and government spending, with U.S. Rep. Diana Harshbarger, R-Kingsport, emphasizing the need to address inflation by reducing government spending, while state Rep. Jeremy Faison, R-Cosby, highlighted measures such as eliminating the grocery tax and investing in infrastructure. Tennessee Sen. Frank Niceley, R-Strawberry Plains, mentioned efforts to outlaw a statewide property tax. 

Posted by: Julia Wilburn on Sep 8, 2023

Former employees of BlueCross BlueShield of Tennessee (BCBST) who were terminated due to the company's COVID-19 vaccine mandate have filed a class action lawsuit in Chattanooga federal court. The employees allege that BCBST threatened their livelihoods by not providing reasonable accommodations or telecommuting options for those who requested religious exemptions, resulting in the termination of 41 employees out of 900 "customer-facing roles." The Chattanoogan has the story.

Posted by: Julia Wilburn on Sep 8, 2023

Chattanooga Mayor Tim Kelly says he will seek reelection for a second term in 2025. The Times-Free Press reports that Kelly highlighted various accomplishments during his tenure, including pay increases for city workers, road infrastructure investments and wastewater system improvements, and also emphasized his commitment to addressing issues such as affordable housing and homelessness.

Posted by: Julia Wilburn on Sep 8, 2023

U.S. Supreme Court Justice Samuel Alito says there is “no valid reason” for his recusal from an upcoming tax case. The Associated Press reports that Senate Democrats question Alito’s ability to judge the case fairly because he was interviewed for several hours by a Wall Street Journal opinion page editor and David Rivkin, one of the lawyers in the tax case. Rivkin also represents Leonard Leo, former leader of The Federalist Society, who helped arrange a private trip Alito took to Alaska in 2008. In the second of two articles from the interviews, Alito said Congress lacked the authority to impose a code of ethics on the Supreme Court. Alito’s statement was issued a day after Justice Brett Kavanaugh said he is hopeful that the court will soon take “concrete steps” to address ethical concerns.

Posted by: Julia Wilburn on Sep 8, 2023

Prosecutors are opposing motions to sever the trials of former Memphis Police Department officers charged in the killing of Tyre Nichols. The five officers, accused of second-degree murder and related charges, are currently charged as co-defendants. The Daily Memphian reports that the state argues that the officers should be tried together, emphasizing factors such as the simplicity of the case, the shared evidence and witnesses and the absence of prejudicial statements from the officers. The officers' motions had cited concerns about confusing the jury, differences in involvement and potential conflicts in their defense strategies as reasons for severance.

Posted by: Julia Wilburn on Sep 8, 2023

The Memphis Brooks Museum of Art is facing legal challenges in its construction project at a new downtown location. The lawsuit against the museum is brought by Friends for Our Riverfront, alleging that the project violates an easement established in the early 19th century. The Daily Memphian reports that attorneys for the museum estimate that halting construction temporarily could cost the project between $5 million to $7 million, and they are requesting a bond to cover this cost. The museum's response questions the timing of the lawsuit and cites historical court cases supporting its position on property rights.

Posted by: Julia Wilburn on Sep 8, 2023

Munford native and former Knoxville attorney Frankie Ellis Wade died Thursday. She was 80. Wade attended the University of Tennessee Knoxville and majored in home economics. After having two children as an army wife, Wade returned to Knoxville to raise her family and later attended law school at UT. She began her career in law in 1978 as the only female lawyer at Ambrose, Wilson and Grimm in Knoxville. Wade soon started her own firm and became a family law attorney, serving as an active member of both the Tennessee Board of Professional Responsibility and the Tennessee Bar Association. In lieu of flowers, please consider a donation to the Frankie Ellis Wade Scholarship Endowment at the University of Tennessee. This scholarship provides an opportunity for former Lady Vol student-athletes to pursue a law degree. A Celebration of Life Service will be held Sept. 15 at 10 a.m. CDT at Idlewild Church, 1750 Union Ave. Memphis, with a reception to follow. Please wear your UT orange! See more


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