The state Supreme Court today temporarily suspended attorney Robert R. Rexrode from the practice of law after he failed to respond to the Board of Professional Responsibility regarding a complaint of misconduct. Section 12.3 of Supreme Court Rule 9 provides for the immediate summary suspension of an attorney’s license to practice law if an attorney fails to respond to a complaint of misconduct. Rexrode must immediately stop accepting any new cases and must cease representing existing clients by Oct. 25.  The suspension will remain in effect until dissolution or modification by the Supreme Court, which Rexrode may for good cause request by petition to the high court.

TBA CLE will present the 2020 Environmental Law Forum on Dec. 2 from 10 a.m. to 2:30 p.m. CST via Zoom Webinar. This year's forum will feature updates regarding PFAS litigation, OSHA compliance for environmental professionals, ethics and much more. Learn from seasoned professionals while earning three dual and one general credit hours of CLE. Zoom connection information will be emailed to registrants the week of the program.

District Judge Eli Richardson on Wednesday blocked a request from voting rights advocates asking him to remove a state law that imposes felony charges against anyone who shares absentee ballot applications, if they’re not an election commission employee, the Tennessean reports. Tennessee is the only state to impose such a restriction and plaintiffs in the case argued the threat of heavy criminal charges infringes on their right to constitutionally protected free speech by creating a system where fear of punishment overburdens those seeking to speak. Richardson ruled in favor of the state, refusing to temporarily block it from enforcing the felony provision.

The U.S. Equal Employment Opportunity Commission (EEOC) has sued Lexus of Cool Springs for allegedly subjecting a female service consultant to different terms and conditions of employment than similarly situated male co-workers, and then firing her because of her sex. The suit was filed in the U.S. District Court for the Middle District of Tennessee after the agency first attempted to reach a voluntary pre-litigation settlement through its conciliation process. The suit seeks back pay and compensatory damages, as well as an injunction against future discrimination, the Tennessee Tribune reports.

Nashville District Attorney Glenn Funk has said in a court filing that he "will not enforce" Tennessee's new abortion law — which among other provisions, requires doctors to share information with their patients about chemical abortions — because he believes it is unconstitutional. Abortion providers sued the state in August arguing the law violates their First Amendment rights by requiring them to share "false and misleading" information with patients or face criminal charges. Funk and other local prosecutors were named as defendants because of their role in prosecuting criminal cases, the Tennessean reports. While local prosecutors normally are represented in federal court by the state attorney general, Funk said that office refused to submit his declaration.

Attorney General Herbert H. Slatery III today announced a multi-state settlement with C.R. Bard Inc. and its parent company requiring payment of $60 million for deceptive marketing of surgical mesh devices. Thousands of women implanted with these devices have claimed that they suffered serious complications. The attorneys general alleged that C.R. Bard misrepresented or failed to adequately disclose serious and life-altering risks of surgical mesh devices, including chronic pain, scarring and shrinking of bodily tissue and recurring infections. Tennessee will receive $1.1 million from the settlement.

Tennessee Secretary of State Tre Hargett recently announced that his office has partnered with the U.S. Election Assistance Commission to recruit poll workers for the November election. Most Tennessee citizens age 16 years and older are eligible to work as poll officials, including county or municipal government employees if they do not work directly under the supervision of an elected official who is on the ballot. Federal employees also can serve. Poll workers will be supplied with gowns, face shields, gloves and other PPE and will be required to wear a face covering. Workers are paid for training time as well as hours worked during the election. Visit govotetn.com for more information or to apply to become a poll official.

One of the many issues that Gov. Bill Lee has addressed in his executive orders during COVID-19 is temporarily suspending all statutes requiring a physical presence for a notary public and witness(es), and instead allowing real-time audio and visual communication in its place. Gov. Lee  extended this provision until Sept. 30 in Executive Order 61. The order also includes language encouraging users of these tools to make preparations to implement best practices for a safe return to in-person transactions beginning Oct. 1. The TBA would like to hear from Tennessee lawyers about this important issue so we can provide feedback to the governor, the Tennessee Supreme Court and the Tennessee Administrative Office of the Courts. Lawyers who have thoughts about the use of remote technology or the plan to return to in-person transactions are asked to fill out our short survey by the end of the day Friday.

The Legal Services Corporation (LSC) has launched a new podcast to explore ways to expand access to justice and illustrate why the effort is important to the legal community, business, government and the general public. In the inaugural episode of Talk Justice, leaders from  legal technology companies discuss how portals, no-code automation, online classrooms and other developments are expanding and improving pro bono. Guests also discuss how the COVID-19 crisis is affecting pro bono and whether innovations developed during the pandemic might permanently influence the way pro bono is delivered.

Despite a Centers for Disease Control (CDC) moratorium, many landlords are continuing to press for residential evictions, the Nashville Post reports. For actions brought by private landlords, renters must show up for their court date to assert the CDC protection. If residents do not show up, the Davidson County General Sessions Court is granting some default judgments, with evictions possibly following in as few as 10 days. Additional confusion has been caused by the presence of Metropolitan Development and Housing Agency (MDHA) residents, who do not need to appear because the agency is halting evictions for failure to pay through the end of the year. To help get control of the situation, the court yesterday decided to limit the number of cases it will hear each day and prohibit outside observers, including housing advocates, from watching the sessions. In addition, tenant advocates are praising the addition of Bass Berry & Sims attorney Marc Tahiry as a temporary law clerk in the court. Tahiry is tasked with informing tenants of their rights and helping them navigate eviction proceedings. In response to the growing eviction crisis, the Tennessee Supreme Court will host a virtual eviction summit on Oct. 1 for stakeholders to learn more and explore solutions.