Nashville lawyer Brian P. Manookian — who was suspended in 2019 for sending threatening and coercive emails — is asking the U.S. 6th Circuit Court of Appeals to revive his claims that the Board of Professional Responsibility violated antitrust laws and his constitutional rights, Bloomberg Law reports. In imposing the suspension, the state Supreme Court found that Manookian sent opposing counsel an email that contained photos of the lawyer’s wife, information about her, and a photo of their home. The court also found that he sent an opposing client an email that was designed to intimidate. Manookian appealed the suspension to the U.S. District Court for the Middle District of Tennessee. In February, that court dismissed most of the claims, finding that the state Supreme Court not the BPR imposed the suspension. He is now asking the federal appellate court to reverse that ruling and reinstate his claims.

Tennessee’s election officials have yet to properly inform voters that people in high-risk groups for COVID-19 and their caretakers can request an absentee mail-in ballot this year, Davidson County Chancellor Ellen Hobbs Lyle ruled yesterday. She has given the state until noon on Monday to revise the form, Nashville Public Radio reports. According to Lyle’s ruling, the state must mention COVID-19 by name, and make it clear that anyone with an underlying health condition making them more susceptible to contracting the virus or those who take care of such people now have a reason to vote absentee. The ruling also directs the state to instruct county-level election officials to do the same. Finally, Chancellor Lyle noted that the state website continues to present “confusing and misleading content” but stopped short of issuing any web-related mandates, saying her authority does not extend beyond the absentee ballot application form.

Join the Litigation Law Section tomorrow at 1 p.m. CDT for a one-hour roundtable conversation. “From the Supreme Court to the Trial Courts - Navigating COVID-19 Orders, Rules and Local Practices" will be presented by Litigation Section Chair Todd Presnell and other executive council members, and will focus on working within the parameters the court's COVID-19 orders. Join Zac Greene with Miller & Martin and Marty Phillips with Rainey Kizer Reviere & Bell for an open and lively conversation. Register by 9 a.m. tomorrow to receive the Zoom link.

A new article from sociologist Dr. Tracy Brower focuses on how to fight burnout, which can creep into our work routines — especially when working remotely — and leave us cynical, emotionally exhausted and ineffective. To fight these feelings, one surprising strategy is to expand our horizons, take on a new activity or learn a new skill. Learning expands our perspective, increases effectiveness, improves our reaction to challenges, reinforces our ability to adapt, and connects us to a new network of people and resources. So whether learning takes place in a formal or informal setting, be intentional to take advantage of the many opportunities available. And while learning for ourselves has many benefits, it’s even better when we can learn while helping others.

State officials today announced that the state’s application for a federal grant program was accepted and Tennesseans facing unemployment will soon start receiving an extra $300 weekly benefit, the Tennessean reports. The Tennessee Department of Labor and Workforce Development received approximately $236 million from the Federal Emergency Management Agency Monday afternoon, which will provide $300 weekly benefit payments to eligible jobless Tennesseans for the first three weeks of August. Department commissioner Jeff McCord said the extra benefit will be available this week or early next week, but cautioned that the funds will terminate when the $44 billion in FEMA funds allocated to the grant runs out. After that, McCord says Tennesseans will have to “wait and see” if it’s possible to get another allotment.

Attorney General Herbert Slatery today announced a $91 million multistate settlement with American Honda Motor Company and Honda of America over allegations Honda concealed safety issues related to defects in the frontal airbag systems installed in certain Honda and Acura vehicles sold in the U.S. The settlement concludes a multistate investigation into Honda’s alleged failure to inform regulators and consumers that the frontal airbags posed a significant risk of rupture, which could cause metal fragments to fly into the passenger compartments of many Honda and Acura vehicles. The ruptures have resulted in at least 14 deaths and more than 200 injuries. Under the terms of the consent judgment, which will be filed with the Davidson County Circuit Court, Honda has agreed to pay the participating attorneys general a total of $91 million, of which Tennessee will receive $1,730,909.22. Honda also agreed to strong injunctive relief. Read the release and the settlement from the Attorney General’s Office.

The Tennessee Supreme Court today vacated a decision from Judge Lee V. Coffee in a post-conviction relief case due to comments he made during proceedings. Coffee denied the post-conviction relief claim of ineffective assistance of counsel and in his oral ruling from the bench, compared the post-conviction process in Tennessee to a football game, called the petitioner’s claims “almost absolutely laughable,” expressed a preference for Texas law and expressed doubt that the petitioner’s trial attorneys could ever be ineffective. The high court ruled that Coffee’s comments would indicate to a reasonable person that the decision to deny relief was based as much on the judge’s disdain for, and disagreement with, Tennessee law regarding post-conviction procedures and his belief that trial counsel were so preeminent, skilled, and knowledgeable that they could never be ineffective in any case as on the evidence presented at the hearing. The court also reviewed whether Coffee’s comments called into question his impartiality for future post-conviction relief cases, but “stopped inches short” of drawing that conclusion since the comments appeared to be isolated and not habitual. Read the full story from the Tennessee State Courts website.

The Tennessee Board of Judicial Conduct has taken disciplinary actions against Bledsoe County General Sessions Judge Howard Upchurch and 12th Judicial District Circuit Judge J. Curtis Smith after a complaint was filed alleging an extramarital affair, “judge shopping” and judicial impropriety, the Times Free Press reports. The complaint was filed by Bledsoe County resident Ben Farmer amid divorce proceedings from his former wife, Stacy Farmer. Among the many allegations in the complaint, Farmer claims his wife was having an extramarital affair with Upchurch, who pursued a restraining order against Ben Farmer by shopping around for a judge who would act on the request. The complaint claims Smith accepted inappropriate communications from Upchurch about the matter and later held the restraining order hearing knowing the rules weren’t being followed. After filing the complaint, Farmer received a letter from the Board of Judicial Conduct telling him disciplinary actions had been taken against both judges after the complaint was submitted to an investigative panel. There was no indication what action was taken or which allegations from the complaints it was based on.

The TBA’s 20th annual Health Law Primer and 32nd annual Health Law Forum will be held virtually via live webcast in October. The primer will take place on Oct. 7 from 11:30 a.m. until 4 p.m. CDT and will provide a general overview and discussion of hot topics for those who are new to practicing in the health law field. Then, on Oct. 8-9 from 9 a.m. until 2 p.m. CDT each day, catch the annual Health Law Forum, featuring an array of esteemed presenters who will speak on topics like telehealth and privacy, fraud and abuse developments, practitioner databases, pandemic response and much more. Learn more and register today for the primer and for the forum. 

The group Citizens for Limited Government and Constitutional Integrity, also known as Tennessee Stands, and two individuals are suing Tennessee and Gov. Bill Lee over his decision to let counties issue certain orders during the COVID-19 pandemic, the Associated Press reports. Lee is named as the defendant in the suit which claims a state law dealing with the governor’s powers during an emergency violates sections of the Tennessee Constitution, including provisions about the separation of powers. The suit specifically targets an executive order Lee issued last month allowing 89 of the state’s 95 counties to decide whether or not to require face coverings in public. The remaining six counties already had that authority under a previous order from Lee. Lee has called the mask option for local governments a “targeted approach” that “ensures we protect both lives and livelihoods and safely keep our economy open in Tennessee.”