TBA Law Blog


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Posted by: Kate Prince on Jul 29, 2021
News Type: Legal News

Seven Tennesseans struggling to find work have filed suit against Gov. Bill Lee for opting out of federal unemployment benefits earlier this year, the Tennessean reports. In May Lee withdrew from the federal program, which had given unemployed Tennesseans an additional $300 per week in benefit payments and an extra $100 in weekly benefits for mixed earners. Unemployment benefits now come from the state’s Unemployment Compensation program, which pays up to $275 per week—one of the lowest weekly benefits in the country and below the national average of $387 per week. The plaintiffs asked the court to order Lee to reenter the federal program. The filing also asks the court to open the suit to all members of a proposed class, specifically state residents who have or will continue to receive Pandemic Unemployment Assistance.

Posted by: Kate Prince on Jul 29, 2021
News Type: Legal News

Days before a jury trial was set to begin, opioid manufacturer Endo Pharmaceuticals Inc. has agreed to pay $35 million over its role in the state’s opioid epidemic, the Associated Press reports. Nine counties and 18 cities and towns in northeast Tennessee and a child born dependent on opioids, nicknamed Baby Doe, had originally sued Endo for $2.4 billion. An attorney for the plaintiffs, Gerard Stranch of Nashville’s Branstetter, Stranch & Jennings, said the settlement was the drug maker’s “last, best and final” offer. He added that a jury verdict could have tied the money up on appeal or the company could have declared bankruptcy. Sullivan County Chancellor E.G. Moody previously entered a rare default judgement in April, ruling the pharmaceutical company was liable despite lack of a civil trial.  Moody said he entered the ruling due to a “coordinated effort” by Endo and its attorneys to delay proceedings and interfere with the administration of justice. The counties will each receive a lump sum big enough to fund mobile addiction units and the money for Baby Doe will be placed in a trust fund.

Posted by: Stacey Shrader Joslin on Jul 28, 2021
News Type: Election 2022

Marcus Floyd, a Nashville public defender and former prosecutor, announced today that he will run for General Sessions Judge Division VII. Growing up in Nashville’s Edgehill Homes and the Mississippi Delta, Floyd says he has personally experienced the poverty and injustice that impacts equity of the justice system. A 2015 graduate of Belmont University College of Law, Floyd has served as a probation officer, judicial law clerk and as criminal justice policy advisor in the Nashville mayor’s office. He also led a study on Nashville’s reliance on criminal justice fines and steered the Nashville Police Department's body camera program through the contract phase. Floyd is married to Amanda S. “Mandy” Floyd, an attorney at Bone McAllester Norton and a graduate of the TBA Young Lawyers Division’s Diversity Leadership Institute. Read the announcement.

Posted by: Stacey Shrader Joslin on Jul 28, 2021

Davidson County General Sessions Judge Rachel Bell was a featured speaker at last week’s White House Eviction Prevention Summit. Bell was able to share the work being done in Davidson County through the L.E.G.A.C.Y. Housing Resource Diversionary Court, which she oversees. The court partners with the city to disperse federal CARES Act funding and with the Tennessee Supreme Court to provide mediation services to participants. Learn more about the program or watch the summit. Read a press release from the court.

Posted by: Stacey Shrader Joslin on Jul 28, 2021
News Type: BPR Actions

The Tennessee Supreme Court temporarily suspended Madison County lawyer Angela Joy Hopson from the practice of law today for failing to respond to the Board of Professional Responsibility concerning a complaint of misconduct. Hopson is immediately precluded from accepting any new cases and must cease representing existing clients by Aug. 27. She must notify all clients as well as co-counsel and opposing counsel of her suspension, which will remain in effect until dissolution or modification by the court.

Posted by: Stacey Shrader Joslin on Jul 28, 2021
News Type: BPR Actions

Knox County lawyer James William Friauf received a public censure today from the Tennessee Supreme Court. Friauf was retained to prosecute an employment action and a written fee agreement was executed by his client. The agreement allowed Friauf to charge an undisclosed hourly rate if he chose to withdraw from representation. During an unsuccessful mediation, Friauf used the fee agreement to pressure his client to settle his action; demanded payment of $63,261.46 in attorney fees at an hourly rate not previously agreed to; and misrepresented to his client that the Board of Professional Responsibility had ratified his demand for fees and expenses. Friauf agreed to a conditional guilty plea acknowledging his conduct violated Rules of Professional Conduct 1.2, 1.5, 1.8, 7.1 and 8.4(a)

Posted by: Stacey Shrader Joslin on Jul 28, 2021
News Type: Legal News

Hamilton County Commissioner Tim Boyd wants District Attorney Neal Pinkston to come before the commission to find out if county funds were used to pay Pinkston's relatives. Boyd, who was once prosecuted by Pinkston on an extortion charge, has previously questioned Pinkston’s hiring practices. Boyd said he recently received an email indicating that Pinkston had married former TV personality Melydia Clewell and then hired her brother. Commission Chair Chip Baker said he thought it would be "agreeable" to have Pinkston appear before the body. The Chattanoogan.com has more.

Posted by: Stacey Shrader Joslin on Jul 28, 2021
News Type: Legal News

Day one of this year's virtual bar exam was plagued by a number of technology problems, Above the Law reports. For some test-takers, the ExamSoft software went down mid-way through the test, while others experienced black, blue or white screens that caused delays in completing the test. In New York, exam-takers who were forced out of the test have been told they will not be able to make up that portion. A California test-taker reported spending 90 minutes on the phone with ExamSoft trying to resolve an issue with an essay question, leaving only 20 minutes to actually complete the essay. The National Conference of Bar Examiners said it is aware of the issues and will be communicating with ExamSoft to “seek solutions for those affected.” The Tennessee Board of Law Examiners weighed in with its advice as well, telling test-takers they should reboot their computers before starting each new session of the exam to avoid problems.

Posted by: Stacey Shrader Joslin on Jul 28, 2021
News Type: Legal News

Three applicants have applied for a circuit court judge vacancy in the Third Judicial District, which covers Greene, Hamblen, Hancock and Hawkins counties. They are: Crystal Jessee of Greeneville, James Bradley Mercer of Greeneville and William E. Phillips II of Rogersville. The Tennessee Trial Court Vacancy Commission will hold a hearing on the candidates on Aug. 31 at 9 a.m. EDT in a location to be announced. Interested individuals may attend the hearing and express opinions regarding any of the applicants. Those who need an accommodation should contact Ceesha Lofton or Rachel Harmon at the Administrative Office of the Courts at 615-741-2687. The vacancy on the court will be created by the retirement of Thomas J. Wright on Sept. 2. Read more about the candidates on the AOC website.

Posted by: Stacey Shrader Joslin on Jul 28, 2021

Democratic candidate DeAngelo Jelks and Republican candidate Greg Vital won their respective primary races yesterday in the District 29 state House seat race to fill the seat of Mike Carter, who died in May after a six-month battle with pancreatic cancer. Both were unopposed in their bids. They will face off in the general election on Sept. 14. Carter's wife, Joan, is filling the seat on interim basis until a new representative is elected, WRCB reports. The district includes part of Chattanooga, Collegedale, Ooltewah and Sale Creek.


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