Owners of Nashville restaurant Jonathan's Grille last week lost a lawsuit against the city in federal court, after a judge ruled the restaurant had failed to prove that Metro’s COVID-19 restrictions violated their rights under both U.S. and state constitutions, the Tennessean reports. The lawsuit was filed in September by the restaurant's owners, claiming they and other restauranteurs have faced "economic devastation" from the restrictions on capacity imposed by public health orders that they feel are "vague." The case was dismissed without prejudice, leaving the door open for the suit to be refiled if the owners choose. This is the first major ruling in a series of lawsuits the owners have filed or joined regarding Metro Nashville's restrictions on downtown venues. Jonathan’s Grill has been cited at least eight times—the most of any business in the city—for COVID-19 violations that include patrons not wearing a mask, packed bar seats and improper social distancing.

A new survey released last week found that 43% of law firm partners took a pay cut in 2020 directly related to COVID-19, the ABA Journal reports. Law360’s inaugural Law Firm Partner Compensation Survey: Partnership and Pay in an Unprecedented Year also found that nearly half of those partners said their salary was cut by 20% or more, and the median pay decrease due to the pandemic was 15%. In addition, 34% of partners said their firms de-equitized partners, while 38% said their firms asked partners to retire. A third of the respondents also said their firms were reducing physical space in light of COVID-19. Director of surveys for Law360 Pulse, Kerry Benn, says the results show that the pandemic has affected “a huge swath of the legal industry.” The survey was conducted from September to October 2020 at law firms with at least 25 attorneys. Read more from Law360 Pulse.

You will get your day in court, but it probably won’t be today, the Daily Mempian reports. Because of the pandemic, Shelby County has not held a criminal jury trial since last March and according to those familiar with the situation, it could take up to two years to deal with delayed cases. By the end of last month, five of Shelby County’s 10 criminal divisions had a backlog of 450 jury trials. The paper also reports that efforts to keep jail populations down are creating new challenges with domestic violence and child abuse cases. Read more about both of these stories from the paper.

An individual’s immigration status will have no bearing on whether they get a COVID-19 vaccine in Tennessee, the state health commissioner said this week. “We are not denying vaccine to anyone who shows up at our site and is in phase,” Dr. Lisa Piercey tells WPLN News. “This is a federal resource, and if you’re in this country, then you get a vaccine.” Some states have indicated they may exclude noncitizens or put them at the end of the line, which has caused concern among undocumented immigrants.

Appellate jurists from across the country, including U.S. Supreme Court Justice Stephen Breyer, recently talked with the Journal of Appellate Practice and Process about their experiences with remote arguments. Breyer lauded the tools, saying the court's audio format produces shorter, crisper and more succinct answers from lawyers. There are downsides though, he said, including the loss of a conversational tone and lack of eye contact. Despite the challenges of operating during the pandemic, the full group agreed that remote arguments are likely here to stay. They also share their tips for making the most of remote proceedings. Read more in Law.com. In Tennessee, the Greeneville Sun recently looked at how the pandemic is affecting the local legal community there.

Richard Willingham died last year after being in the Shelby County jail for two weeks. A new federal lawsuit by his family alleges that he was deprived of medical care for his acute pulmonary embolism. The Daily Memphian reports that new inmates are routinely placed in medical isolation because of the COVID-19 pandemic but that move meant that Willingham was not examined by a nurse at the jail. He finally was taken to a hospital where he died. The lawsuit, filed in the U.S. District Court for the Western District of Tennessee, names Shelby County, Wellpath LLC and three health care workers as defendants.

For the past 13 years, the annual Blickstein Group Law Department Operations Survey has amassed trend data concerning the burgeoning discipline of legal operations. This year’s survey offers the first real data on the pandemic’s effects on law department operations. Download it here. The findings, according to the group, reveal a resilient profession that managed very well through the pandemic with only 6% saying the pandemic hindered their ability to deliver legal services. In cooperation with Above the Law, the group will present a free webinar on Feb. 11 at 1 p.m. EST to breakdown the survey findings.

The TBA’s Year End CLE programming was recognized today as the state’s top continuing education program by the Tennessee Society of Association Executives. The TBA was forced to revamp its December course lineup because of COVID-19 restrictions, converting its live programs into virtual presentations, moving the annual last-minute blast onto YouTube and Mediasite platforms for distribution and packaging existing content into useful bundles. In all, nearly 10,000 hours of CLE was completed by Tennessee lawyers during the month-long span. The TBA’s continuing legal education department is led by Jennifer Vossler, with team members Jarod Word, Chelsea Bennett, Maresa Whaley and Michael Milligan.

Some operational changes within the state’s court system made to adapt to the COVID-19 pandemic may become permanent, the Nashville Post reports. Appearing before the House Finance Committee this week, Administrative Office of the Courts Director Deborah Taylor Tate said the adoption of teleconferencing technology could continue even after the spread of the disease diminishes. Tate agreed with Rep. John Mark Windle, D-Livingston, when he said "the current court structure is from the time of Andrew Jackson,” adding that there must “be a better way to queue people and not take up all their time.” Asked by another committee member whether continuing to hold court virtually after the state of emergency ends is a possibility, Taylor admitted it was an open question. “These are issues that are going to be litigated,” she said.

An agreement has been reached in a federal lawsuit filed against Shelby County officials for failure to address the spread of the COVID-19 virus, the Daily Memphian reports. The lawsuit, filed in May on behalf of a dozen inmates, claimed that conditions at the jail were putting medically vulnerable and disabled detainees at risk of contracting the virus. Both parties have agreed to a proposed consent decree that would provide guidelines for the jail on how to curb COVID-19 numbers. Under the consent decree, the jail must be inspected by an independent inspector every 90 days, improve its ventilation and air flow system, provide COVID-19 tests to those with symptoms, provide access to cleaning supplies and more. U.S. Judge Sheryl Lipman must approve the proposed consent decree, which would remain in place for the duration of the COVID-19 pandemic.