TBA Law Blog


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Posted by: Kate Prince on Sep 10, 2020

The Tennessee Defense Lawyers Association has named Memphis attorney Kay Anderson “Defense Lawyer of the Year.” Anderson practices with Baker Donelson in Memphis, where she is a member of the Health Care Litigation group. Anderson represents physicians, nurses, nurse practitioners and CRNAs in malpractice defense litigation. The award honors a TDLA member who has made significant contributions to the defense bar and to the practice of law in Tennessee in the past year. Anderson accepted the award during TDLA’s Virtual Annual Meeting. In addition to TDLA, Anderson is a member of the Defense Research Institute, Memphis Bar Foundation and the Memphis, Mississippi and Tennessee Bar Associations.

Posted by: Stacey Shrader Joslin & Kate Prince on Sep 10, 2020
News Type: TBA CLE

The 2020 Labor & Employment Law Forum Lunchtime Webcast Series launches next week, featuring a one hour webcast on Monday through Friday from noon until 1 p.m. CDT. Kicking off with a case law update from Nashville lawyer Stan Graham, the series also includes a session on workplace privacy on Tuesday and wage and hour developments on Wednesday. Thursday's programming will include a candid conversation about the arbitration process and the important differences between arbitration and litigation. Registration is per webcast and each program provides one hour of general credit CLE.

Posted by: Stacey Shrader Joslin on Sep 9, 2020
News Type: Legal News

Tenth Judicial District Attorney General Steve Crump is denying allegations of an affair or that he was blackmailed into securing a conviction in a 2018 murder trial, the Times Free Press reports. The allegations came to light when Chattanooga attorney Bill Speek filed a series of motions seeking a new trial for his client, Miranda Cheatham, who was convicted of killing her husband in 2016. Cheatham was sentenced to 18 years in prison, though she has maintained she acted in self-defense. In a recorded conversation that was not produced at Cheatham's trial, the deceased husband’s sister says she had an affair with Crump and threatened to make his life miserable if "something didn't happen soon." At the time, the husband’s family thought rumors of an affair might be holding up the murder investigation.

Posted by: Stacey Shrader Joslin on Sep 9, 2020
News Type: Legal News, Your Career

The Trial Court Vacancy Commission is accepting applications for a circuit court judge in the Sixth Judicial District in Knox County. The vacancy was created by the appointment of Judge Kristi Davis to the Tennessee Court of Appeals. Qualified applicants must be licensed attorneys who are at least 30 years of age, residents of the state for five years and residents of the judicial district. Applications are due by noon CDT on Sept. 23. The commission will hold a hearing with applicants via video conference on Oct. 28 at 9 a.m. EDT. For information about watching or speaking at the hearing contact Ceesha Lofton, 615-741-2687 by 4 p.m. CDT on Oct. 14.

Posted by: Stacey Shrader Joslin on Sep 9, 2020
News Type: Passages

The Tennessee legal community is mourning the loss of Washington County General Sessions and Juvenile Judge James A. Nidiffer, 66, who died Monday after a long illness. Nidiffer was first elected as a general sessions and juvenile judge in 2006. He previously served as municipal court judge in Johnson City and was a private practice attorney for more than 20 years. A graduate of the University of Memphis Cecil C. Humphreys School of Law, Niddifer was active in his community, helping found the Washington County Mental Health Court and supporting services for the mentally ill. Judge Nidiffer temporarily stepped down from the bench this past June to focus on his medical treatment. Gov. Bill Lee appointed Janet Vest Hardin to serve as a special judge in his place.

Posted by: Stacey Shrader Joslin on Sep 9, 2020
News Type: BPR Actions

The law license of Shelby County lawyer Nicholas Freeman Tominello was transferred to disability inactive status today. Tominello may not practice law while on inactive status but may petition for reinstatement after showing by clear and convincing evidence that the disability has been removed, and he is fit to resume the practice of law.

Posted by: Stacey Shrader Joslin on Sep 9, 2020
News Type: Passages

Knoxville lawyer John David “J.D.” Lee, the uncle of Tennessee Supreme Court Justice Sharon Lee, died Monday at the age of 91. A 1954 graduate of the University of Tennessee College of Law, Lee first practiced law in Madisonville but later moved to Knoxville. He maintained a nationwide trial practice, focusing on wrongful death, medical malpractice, personal injury and defective products. He was a pioneer in bringing suits against tobacco companies and was part of the legal team representing Sept. 11 victims in lawsuits against Iran. Lee was president of every major national trial lawyers group as well as the Tennessee Trial Lawyers Association and the Monroe County Bar Association. He was also active politically. Lee was president of the 1977 Tennessee Constitutional Convention and sought the Democratic nomination for U.S. Senate in 1978. A memorial service will be held for family. In lieu of flowers, donations may be made to the J.D. Lee Scholarship Fund c/o Tennessee Judicial Conference Foundation, 629 Woodland St., Nashville TN 37206. Donations are used for scholarships at the University of Tennessee College of Law.

Posted by: Stacey Shrader Joslin on Sep 9, 2020
News Type: Legal News

Working Mother has released its 13th annual list of the 60 Best Law Firms for Women, Above the Law reports. Among the firms considered pioneers are seven with Tennessee offices: Baker, Donelson, Bearman, Caldwell & Berkowitz; Bass, Berry & Sims; Constangy, Brooks, Smith & Prophete; Littler; Jackson Lewis; Ogletree, Deakins, Nash, Smoak & Stewart; and Pillsbury Winthrop Shaw Pittman. Working Mother’s 2019 study found that all firms on its list offered reduced hours, remote work opportunities and formal mentoring programs. They also had all increased the number of women lawyers promoted to equity partner.

Posted by: Stacey Shrader Joslin on Sep 9, 2020

Three federal judges recently dismissed cases brought by passengers who contracted COVID-19 onboard Princess Cruise Lines ships, Law.com reports. The dismissals are among the first in the nation to address plaintiff’s injuries and causation in cases alleging that corporate negligence lead to infection. “If you’re on a ship for three weeks and still can’t demonstrate causation … causation seems extremely difficult to demonstrate,” observed law professor Christopher Robinette. One of the judges said he dismissed the suit because allowing it to go forward “would lead to a flood of trivial suits” and “open the door to unlimited and unpredictable liability.” Another judge argued that a complaint alleging the plaintiff “suffered symptoms akin to the common cold” did not belong in court. The third judge said plaintiffs had not established causation.

Posted by: Stacey Shrader Joslin on Sep 9, 2020
News Type: Wellness Wednesday

Tara Haelle, a science journalist, public speaker and author, recently wrote that the ongoing uncertainty of the COVID-19 pandemic has resulted in depletion of our surge capacity — the collection of adaptive mental and physical systems we draw on for short-term survival in stressful situations. And when it is depleted it has to be renewed. But how do we adjust to an ever-changing situation where the “new normal” is indefinite uncertainty? Haelle’s suggestions include understanding and accepting the concept of ambiguous loss, recognizing the stages of grief, experimenting with “both-and” thinking, strengthening important relationships, and accepting that life is different right now and that is OK.


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