The Tennessee Supreme Court entered an order today transferring the law license of Maury County lawyer Angela Kay Washington to disability inactive status. She may not practice law while on inactive status. She may be reinstated if she can prove by clear and convincing evidence that the disability is removed and she is fit to return to the practice of law.

The Tennessee Supreme Court has held that a plaintiff who alleged that a massage therapist sexually assaulted her during a massage did not have to present expert testimony to support her claim against the therapist’s employer for negligent training, supervision and retention. Expert testimony was not needed because laypersons relying on their common knowledge could determine whether the employer was negligent, the court stated. The court also upheld the firing of a fire fighter, finding that an employee can claim rights based on an employee handbook only when the handbook specifically states it is intended to be a contract. Both opinions were unanimous.

The Tennessee Supreme Court granted review to three cases on Monday. The Raybin Supreme Court Hot List looks at the cases, which include questions about the inevitable discovery doctrine, judgments of acquittal and the Prompt Pay Act. Read the Hot List’s analysis.

The Bristol Herald Courier is being honored with the TBA's Fourth Estate Award for its multi-part series "Critical Mass," which examined the jail overcrowding problems in Sullivan County. The award will be presented on June 18, during the Tennessee Bar Association's (TBA) 2020 Virtual Convention. "The series promoted a better and deeper understanding of the overcrowding problem from a variety of angles and perspectives, while also delving into potential solutions for it," TBA Communications Section Chair Paul McAdoo said in announcing the award winner. Previous winners include the Nashville Scene's Steven Hale and WSMV Channel 4's I-Team.

Robert F. “Bob” Parsley, a litigation attorney with Miller & Martin in Chattanooga, has been appointed to the Tennessee Board of Law Examiners. The five-member board oversees the state’s licensing of attorneys and addresses issues relating to the admission of attorneys by exam and through comity applications. Prior to his appointment to the board, Parsley served as a bar examiner with responsibility for preparing and grading bar exams. He also authored the evidence and appellate procedural sections of the Tennessee Law Course, which all newly admitted Tennessee attorneys must take. The firm also announced that attorney Michael Dumitru has been named a bar examiner to fill the vacancy created by Parsley’s board appointment.

The TBA’s virtual convention is being provided to members at no charge next week thanks in part to the generous support of our sponsors. Check out our sponsors’ virtual exhibit booths throughout the week and participate in our Sponsor Trivia to be entered in a drawing to win a $100 Amazon gift card. We will draw two winners at the end of the day next Friday! The answers to the trivia questions will be embedded on our sponsors’ pages. Once you have found your answers, submit your entry. All correct entries will be entered into the drawing. Look for details and the entry form starting on Monday. A special thanks to presenting sponsor Fastcase and premier sponsors Attorneys Insurance Mutual, Clio, Court Buddy, The Bar Plan and Vista Points Special Needs Trust.

Assistant U.S. Attorney Audrey Calkins of Memphis guest hosts this month’s episode of the TBA BarBuzz podcast. Topics of discussion include the TBA’s Virtual Convention, absentee ballot voting and an impressive skill Audrey has learned during the pandemic. BarBuzz is part of the TBA Podcast Network, available anywhere you listen to podcasts and on the TBA’s website.

Legislation that would prohibit state officials from destroying records being sought by the public today passed through the Senate, the Associated Press reports. The bill was prompted by a report from the Chattanooga Times Free Press that Hamilton County had destroyed documents that were the subject of a records request submitted by the paper. During the months-long battle over the records, the county got permission from the Hamilton County Public Records Commission to destroy all records requests and responses after 30 days. County Attorney Rheubin Taylor told the AP he requested permission to destroy the records because he didn’t believe the paper was still interested in obtaining them. Under the bill, government entities found violating the new rule would be subject to a $500 fine. It also requires that public records coordinators must keep “electronic correspondence” regarding public records requests for at least one year. The legislation will now head to the House chamber.

A bill that would protect businesses, schools and other institutions from COVID-19-related litigation is quickly advancing through the House and Senate, the Nashville Post reports. The legislation was drafted with help from the Tennessee Chamber of Commerce and Industry and other business groups and, according to its House sponsor Rep. Michael Curcio, R-Dickson, is intended to “eliminate as many frivolous suits as possible.” Judiciary committees in both chambers advanced the proposal, but the Senate version would have the protections reach back to March and the House version would only protect the organizations once the law is enacted. Attorney and vice president of the Tennessee Trial Lawyers Association Mark Chalos argued a retroactive law would violate the state constitution, which says that “no retrospective law … shall be made.” Chalos argued the Senate’s version of the bill would take away litigation rights from people who currently have them for harm already done. The two bills are likely headed for full votes in the House and Senate and could require a conference committee to hash out the difference.  

Davidson County Chancellor Ellen Hobbs Lyle has called out state officials for not following a court order on mail-in absentee voting, the Daily Memphian reports. Last week, Lyle ordered the state to give all registered voters the option to vote by mail and to create forms allowing voters to check one of two boxes if they have concerns about catching COVID-19 at a polling location or are taking care of someone who could be affected by the virus. This week Lyle determined that the state has violated her initial order by putting COVID-19 voters’ applications on hold until the matter is finished in court. She has directed them to put up a new form by noon tomorrow and to instruct county election officials to comply with it by 5 p.m. tomorrow or the state could face contempt charges. “Shame on you for not following that procedure and just taking matters into your own hands,” Lyle said. A representative with the Attorney General’s Office argued the state is trying to comply with orders, but admitted the state had instructions on its website contrary to the chancellor’s order, but has now removed them.