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Posted by: Laura Labenberg & Julia Wilburn on Aug 11, 2023

What happens when a client sorta, kinda lies? Is it really even a lie? And what’s a lawyer to do about it? Well, it depends. Is it in a tribunal or a negotiation? Is it a statement of fact or law? Stuart Teicher, the CLE Performer, is going to try to help you keep your head afloat by explaining it all. Topics include: a deep dive into Rule 3.3, an even deeper dive into Rule 3.3’s Comment [10] and a shallow swim around Rule 1.0(m) and the definition of a tribunal — discussion of Rule 4.1. Join your colleagues for this webcast on Oct. 12 from 9-10 a.m. CDT and earn one dual CLE credit.

Posted by: Julia Wilburn on Aug 11, 2023

Join members of the TBA Attorney Well Being Committee for a live interactive roundtable for law students and young lawyers on how best to manage work-life balance as a legal professional. This 45-minute Zoom event on March 28 at 12:30 p.m. CDT will feature seasoned lawyers discussing their day-to-day practice, and provide effective tools for personal well-being. The event is free and open to all currently enrolled law students and TBA members but registration is required. Questions and feedback are encouraged for this interactive roundtable. Submit questions in advance to jword@tnbar.org.

Posted by: Julia Wilburn on Aug 8, 2023

Following news coverage of a unionization effort at one of its stores in Memphis (“Memphis Store”), Starbucks fired seven partners who worked there (“Memphis Seven”). Workers United (“Union”) filed an action with the National Labor Relations Board (“Board”), charging that Starbucks’s firing of the Memphis Seven, and other anti-union actions, violated section 8 of the National Labor Relations Act (“Act”). Meanwhile, M. Kathleen McKinney, a regional director of the Board, petitioned the district court for temporary injunctive relief pending completion of the Board’s proceedings. The district court found reasonable cause to believe that Starbucks had violated the Act. It also concluded that, because of the chilling impact of the terminations on Union support, some of the requested interim relief, including temporary reinstatement of the Memphis Seven, was just and proper. For the following reasons, we affirm.

Posted by: Julia Wilburn on Aug 8, 2023

Petitioner, Stephen Kares, appeals the district court’s denial of his habeas petition brought pursuant to 28 U.S.C. § 2254. In 2012, a jury convicted Kares of third-degree criminal sexual conduct in violation of Mich. Comp. Laws § 750.520d(1)(b). For the reasons set forth below, we reverse in part the district court’s order denying as untimely petitioner’s motion to vacate his sentence but deny Kares’ motion to expand the certificate of appealability (“COA”) to include his merits claim.

Posted by: Julia Wilburn on Aug 8, 2023

This appeal arises from a lawsuit filed by a former CEO seeking funds owed to him from his company and two of its subsidiaries. The trial court awarded summary judgment to the plaintiff. The defendants appeal. We affirm in part, vacate in part and remand for further proceedings.

Posted by: Julia Wilburn on Aug 8, 2023

The plaintiff made a claim for the return of bond money he paid to a private bonding company to secure his release from jail for charges that were pending and then nolled nearly 22 years before the filing of the present cause of action. The trial court dismissed the complaint for failure to state a claim for which relief can be granted pursuant to Rule 12.02(6) of the Tennessee Rules of Civil Procedure. The trial court held that the complaint, giving it the benefit of all reasonable inferences, fails to articulate any facts or legal authority showing a right to relief against the defendant. Further, the court determined that if the gravamen of the claim is a tort action for conversion, the claim was also properly dismissed because it would have accrued long ago and is therefore barred under the applicable one-year statute of limitations. The plaintiff appeals. We affirm.

Posted by: Julia Wilburn on Aug 8, 2023

The defendant-appellant, Eula Beasley, entered a guilty plea in the Davidson County Criminal Court to aggravated robbery (count one) and possession of a firearm with a prior conviction for a crime of violence (count two), for which he received an eight-year sentence for each count with the manner of service to be determined by the trial court. Following a sentencing hearing, the trial court ordered these sentences to be served consecutively, for an effective sentence of 16 years in the Tennessee Department of Correction. In this appeal as of right, the defendant contends that the trial court erred in imposing consecutive sentences. Upon our review, we affirm the judgments of the trial court.

Posted by: Julia Wilburn on Aug 2, 2023

Hamilton County District Attorney Coty Wamp says that the county's opioid epidemic is her top priority, and she will hire a chief opioid prosecutor, a new item specified in the county’s budget effective July 1. The chief opioid prosecutor is the newest category of chief prosecutors since Wamp took office last September. The Chattanoogan reports that a Tennessee statute allows a person who sells or delivers illegal drugs to be charged with second-degree murder if the drugs result in death. But Wamp said the connection is very difficult to prove, usually requiring an eyewitness or cell phone records. A dedicated prosecutor with experience can follow that thread, she said.

Posted by: Julia Wilburn on Aug 2, 2023

Tennessee Bar Association staff and leaders are in Denver this week joining colleagues from across the country for a series of bar leadership meetings. Senior staff members, led by Executive Director Sheree Wright, are taking part in National Association of Bar Professionals seminars on current trends, wellness, cybersecurity, technology and other topics. TBA President Jim Barry and other leaders will take part in National and Southern Conference of Bar Presidents meetings later in the week and delegates to the ABA House of Delegates will also join in at a Sunday night reception honoring TBA Immediate Past President Tasha Blakney.

Posted by: Julia Wilburn on Aug 2, 2023

This month, Millions of Conversations is supporting a series of community conversations centered on navigating difficult and pertinent conversations on public safety with diverse community stakeholders in Davidson, Williamson and other nearby Tennessee counties. The primary topic of discussion will be gun culture and responsibility in Tennessee in preparation for the General Assembly's Special Session on Public Safety set to begin on Aug. 21. Join other community members on Aug. 8 from 6:30-9 p.m. CDT at Element Vanderbilt West End, 4 City Blvd., Nashville 37209. Click here for more information and to RSVP for this free event.


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