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Posted by: Julia Wilburn on Aug 11, 2023

U.S. Magistrate Judge Andrew M. Edison of the Southern District of Texas delves into the intriguing matter of legal language in a recent opinion, addressing the perplexing question of whether it should be "attorney fees," "attorneys fees," "attorney's fees" or "attorneys' fees." The issue has caused confusion in federal statutes, rules and cases, with different forms being used interchangeably. Edison references the U.S. Supreme Court's style guide, the insights of legal experts like Bryan A. Garner, and the ABA Journal's own style, ultimately settling on the use of "attorney's fees" when one lawyer requests fees and "attorneys' fees" when multiple lawyers are involved. The ABA has more on this vexing conundrum.

Posted by: Julia Wilburn on Aug 11, 2023

Retired Coffee County Circuit Court Judge Vanessa Jackson was recently named by the Tennessee Supreme Court as the first female senior judge. The Tullahoma News reports that Jackson is one of seven senior judges, each having held an elected judicial position to qualify for the appointment. A senior judge presides over cases when judges have recused themselves, have an extended illness or face an extra heavy caseload.

Posted by: Julia Wilburn on Aug 11, 2023

A legal battle has erupted in the East Tennessee community of Lone Mountain Shores in New Tazewell, pitting neighbors against each other over whether vacation rentals like Airbnb should be allowed in their residential area. The community's homeowners association (HOA) board initiated a lawsuit against homeowners who rented their properties to vacationers, resulting in countersuits and personal accusations. Knoxville News Sentinel reports that the dispute highlights differing perspectives on the impact of renters, with anti-renters expressing concerns about disturbances and property damage, while pro-renters have emphasized the positive aspects of tourism. The legal challenge raises questions about HOA authority and could set a precedent for short-term rental regulations.

Posted by: Julia Wilburn on Aug 11, 2023

Gov. Bill Lee's decision to focus a special legislative session on new and stricter penalties for children and teens within Tennessee's juvenile justice system has sparked criticism from juvenile judges and youth advocates, the Tennessee Lookout reports. The plan, which could send kids to adult courts and prisons and limit confidentiality of juvenile records, does not address the root causes of violence such as occurred at the Covenant School, critics say. They also note that youth crime in the state has declined significantly.

Posted by: Julia Wilburn on Aug 11, 2023

Vanderbilt University Medical Center (VUMC) is currently under federal investigation by the U.S. Department of Health and Human Services for turning over the medical records of transgender patients to Tennessee's attorney general. The investigation follows lawsuits filed by two patients who claimed their records were shared without consent. The Associated Press reports that VUMC has faced criticism for delays in notifying affected patients and for the release of private information, further fueling concerns amid the state's legislative actions targeting transgender care. 

Posted by: Julia Wilburn on Aug 11, 2023

Tennessee is grappling with a severe stolen guns epidemic, with a staggering rise in firearms taken from cars, resulting in heightened concerns about public safety. A law enacted to deter gun theft by imposing tougher penalties is facing criticism due to its limited effectiveness in the court system. The Tennessean reports that, despite the legislation's intention to curb crime, many felony gun theft charges have been dropped, highlighting challenges in proving these cases and a lack of witnesses. As lawmakers seek solutions, proposals for penalties against gun owners who leave firearms in cars have sparked debates over a balance between accountability and victimization.

Posted by: Julia Wilburn on Aug 11, 2023

The U.S. Supreme Court has temporarily halted a bankruptcy arrangement for Purdue Pharma, the manufacturer of OxyContin, which sought to shield the Sackler family from further lawsuits related to the opioid epidemic. This decision, likely to delay compensation to opioid crisis victims, follows an objection by the Justice Department. The deal was set to offer the Sacklers immunity from civil legal disputes in exchange for a significant payout. The Supreme Court's decision to hear the case in December could have broad implications for similar mass tort cases resolved through bankruptcy courts. The New York Times has the story.

Posted by: Julia Wilburn on Aug 11, 2023

Gov. Bill Lee's proposal to temporarily restrict gun access for those deemed a danger won't be addressed in the upcoming special session responding to the Covenant School shooting. Axios Nashville reports that Lt. Gov. Randy McNally, R-Oak Ridge, cited lack of conservative support as the reason. Although not on the current agenda, the possibility remains open for lawmakers to introduce and discuss the measure during the session.

Posted by: Julia Wilburn on Aug 11, 2023

In Memphis, Central High School educators Roland Wilson and Mary McIntosh are two of six plaintiffs taking a stand against Tennessee's "prohibited concepts" law. The law, enacted in 2021 amid debates around teaching critical race theory, restricts discussions on race and gender in classrooms. Wilson, a choir director known for his innovative teaching of African American spirituals, and McIntosh, a history teacher, argue that the law impedes their ability to provide a comprehensive understanding of American history. The Daily Memphian has the story.

Posted by: Julia Wilburn on Aug 11, 2023

The Tennessee Supreme Court is unfamiliar territory for most lawyers and success in this court requires not only thorough preparation but mastery of oral and written advocacy as well. This boot camp allows lawyers to observe oral arguments in real cases being presented to the court, followed by analysis and discussion on preparation, tips and considerations for deciding to seek review in the TSC. Join your colleagues in Nashville Oct. 4 from 9 a.m.-4:30 p.m. CDT and earn one dual and 3.75 general credits.


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