State House and Senate committees on Tuesday quickly passed COVID-19 liability protection legislation that protects businesses from “frivolous” lawsuits, the Daily Memphian reports.  In a 7-2 vote, the Senate Judiciary Committee sent SB8002 to the floor for consideration, with Sen. Sara Kyle, D-Memphis, and Katrina Robinson, D-Memphis, voting against the measure. Under the legislation, claims alleging loss, damage, injury or death from COVID-19 must prove the defendant’s “gross negligence or willful misconduct,” setting a “higher bar” than under current tort law. The act would apply only to those filed on or before Aug. 3, 2020. Sen. Mike Bell, R-Riceville, urged his colleagues to pass the bill, arguing businesses, schools, and nonprofits would be exposed to COVID-19 lawsuits without it. He also contended that law firms are already casting a “wide net” to file liability lawsuits and win business settlements. The House’s newly formed COVID Related Liability Committee recommended passage HB8001, but only if it is amended. A clarification on the bill is expected tomorrow. SB8007, sponsored by Senate Minority Leader Jeff Yarbro, D-Nashville, was voted down 7-2 in the Senate Judiciary committee. Yarbro’s bill aimed to make it easier to sue businesses and entities that “flaunt” local, state and federal guidelines for COVID-19 safety, arguing the state will be protecting businesses that prohibit masks as much as it does those taking extra safety steps.

The state yesterday filed a motion to dismiss the federal lawsuit that would allow all Tennesseans to vote by mail, claiming a plaintiff’s decision to vote in person undermines the entire suit, the Tennessean reports. Several advocacy groups and individuals filed the suit to expand absentee voting due to the COVID-19 pandemic, including Kendra Lee, who in the filing argued she should be allowed to vote by mail due to her underlying health conditions, which include asthma and bronchitis. But, Lee voted in person during the early voting period, an action the state says removes her legitimacy as a plaintiff. In an interview last week, Lee said she did so because she didn't have faith in the state or Shelby County Election Commission to properly handle an absentee ballot request after hearing from others who reported ballots that were delayed or never arrived. Earle Fisher, a plaintiff in the Davidson County case, also voted in person, but says he did not believe the actions of one person were the focus of the lawsuit, saying the lawsuit was filed on behalf a very broad group of citizens who needed as much access as possible." The state Supreme Court last week overturned an injunction by the lower court that allowed fear of COVID-19 to be a reason to apply for the primary. 

The Nashville Post today looked at former public defender Keeda Haynes' bid to unseat U.S. Rep. Jim Cooper in the Democratic primary. While Haynes fell short of beating the 15-term incumbent from Tennessee’s 5th District, she says the nearly 40% of the vote she did capture was a win, and already has her looking ahead to the future. “I am having conversations with people about what a run in 2022 looks like,” Haynes said, “the door is not closed.” Citing Memphis’ Marquita Bradshaw’s primary victory, she hopes the establishment will “start paying attention to who is it that is going to excite people, that's going to get people out.” In 2019, the TBA’s Sidebar podcast interviewed Haynes on her path to earning a law degree after serving nearly four years in federal prison for a marijuana-related crime she says she did not commit.

The Knoxville Bar Association is looking for volunteers to help build the 2020 KBA Habitat Home. This will mark the ninth home that KBA’s members have been responsible for building since first partnering with Habitat for Humanity in 1994. This year, the KBA will be partnering with First Presbyterian Church and splitting construction duties with its volunteers. Each build day will focus on a different project and social distancing protocols will be enforced each day. The schedule is as follows: Sept. 12, blitz day; Sept. 19, set trusses and deck roof; Sept. 26, interior walls and roofing; Oct. 3, vinyl siding; Nov. 7, trim and cabinets. You can volunteer to help build the house by registering here. All questions should be directed to KBA Executive Director Marsha Watson.

Lawrenceburg native and attorney Daniel Freemon died on Aug. 7 at the age of 69. Freemon earned his law degree from the University of Memphis in 1977 before starting the Freemon Law Firm in Lawrenceburg where he practiced law for more than 40 years. Freemon’s family will receive friends from 11 a.m. until 3 p.m. on Saturday at Neal Funeral Home, 231 N. Military Ave., Lawrenceburg, with funeral services at 3 p.m. Interment will follow at Freemon Cemetery in Leoma.

Memphis attorney, author and former TBA President Bill Haltom will give a Virtual Book Talk this week on his latest book, Why Can’t Mother Vote? Joseph Hanover and the Unfinished Business of Democracy. Haltom will tell the story of Memphian Joseph Hanover, an unsung hero in the ratification of the 19th Amendment, which was signed into law 100 years ago this month. The Virtual Book Talk is free and will take place Thursday at 7 p.m. CDT. Attendees will receive an invitation to the presentation after registering, which can be done by emailing hillhelengroup@gmail.com. Haltom will speak for 20 minutes, followed by a 15 minute Q&A.

Read two articles that ran exclusively in last week's TBJ Select, about ways to implement remote signing under Executive Order 52, and why our laws should be capable of adapting to emergencies like the current pandemic before they emerge. In the first, Charles Key offers some tips and tools of one way to use these executive orders. To share your experiences and insights, please fill out this form. Results will be reported in next week's TBJ Select. In the second article, Trey Woodall and Macayla Heath explain why the Tennessee General Assembly should pass legislation recognizing electronic wills and the remote execution of them by electronic presence of the testator and witnesses.

2020 has introduced dispute resolution professionals to technology tools we were unfamiliar with mere months ago. How have we fared? Presented by the Dispute Resolution Section, this Zoom roundtable moderated by Larry Bridgesmith will explore meeting platforms, techniques, traps and tools of the “Zoom” era. Join in on Aug. 13 at noon CDT to learn from those who have been forced to become online ADR experts overnight. Lessons learned the hard way can sometimes be our best teachers. This roundtable is free and open to all members of the TBA. RSVP by 11 a.m. CDT on Aug. 13.

Vanderbilt Law School’s Stanton Foundation First Amendment Clinic has recently prevailed in a case that sought to declare unconstitutional a Tennessee election law that criminalized false speech in opposition to a political candidate. The clinic, its director, G.S. Hans, and co-counsel, Daniel Horwitz, filed suit on behalf of the non-profit advocacy group Tennesseans for Sensible Election Laws (TSEL) in the spring over the group’s right to “produce and distribute satirical, parodical and hyperbolic campaign literature.” TSEL had planned to distribute a mailer criticizing Rep. Bruce Griffey, R-Paris, over a bill he introduced calling for those convicted of sexual abuse of a minor to undergo “chemical castration” if released on parole. The mailer accused Griffey of promoting “an agenda the Nazis would love,” and urged voters to  “Vote No on Bruce Griffey — he’s literally Hitler!” Davidson County Chancellor Judge Ellen Hobbs Lyle ruled that the statute was unconstitutional, citing several arguments presented in TSEL’s brief. Vanderbilt Law students Jimmy Ryan successfully argued against the state’s motion to dismiss in May. Other law school students who worked the case include Paige Tenkhoff, Amber Banks and Cole Browndorf. 

The University of Tennessee College of Law’s Institute for Professional Leadership has appointed new faculty, staff and student leadership for the fall semester. Professor Joan Heminway has been chosen to serve as interim director, Career Center Director Brad Morgan will serve as interim assistant director and UT pro bono coordinator and third-year student Annie Batcheller will serve as the Hardwick-Woods fellow. College of Law Interim Dean Doug Blaze and alumnus Buck Lewis co-founded the Institute in 2014, with Blaze serving as director until his return to the dean’s office in July. Lewis, a senior partner with Baker Donelson, will continue as the Larry Wilks Distinguished Practitioner in Residence. Read more about the incoming leadership on the College of Law’s website.