The Tennessee Supreme Court has approved a proposed plan submitted by judges in the First Judicial District, which will allow the courts to begin hearing in-person cases on May 4. The only modification the court made to the plan was to ensure that there are no more than 10 people — exclusive of judge, court personnel and court security — in a courtroom at any one time. The judges report that this will require staggering of cases and dockets. Other policies to be observed include no spectators or family in the courthouse and witnesses remaining outside the courtroom or courthouse, depending on the volume of each docket.

The Knoxville Bar Association has launched “Reflections,” a section of its COVID-19 web resources to gather stories of how the pandemic is affecting lawyers. The site allows members to share knowledge and commiserate over the rapidly changing legal environment. Knoxville area lawyers are encouraged to share “stories, thoughts, hacks, and insights from the past few weeks” as well as stories about making healthy choices. The KBA says it decided to launch the service to “have a bar keepsake of these unprecedented times. …” Email information to Marsha Watson.

The Tennessee Supreme Court today reinstated Sumner County lawyer Randy Paul Lucas to the practice of law subject to certain conditions. Lucas was suspended in February 2019 for a period of three years, of which six months was to be served on active suspension and the remainder on probation. Lucas filed a petition for reinstatement, which the Board of Professional Responsibility found to be satisfactory. During the probationary period, he must engage the services of a practice monitor and incur no new complaints of misconduct related to the original matter resulting in his suspension.

The Tennessee Supreme Court today suspended Williamson County lawyer David Dwayne Harris from the practice of law for two years with 60 days to be served on active suspension and the remainder to be served on probation. The court also directed him to make restitution in the amount of $10,000. Harris admitted to violating the rules in five cases, failing to communicate with clients, failing to file petitions for clients, engaging in a conflict of interest and communicating with a party that he knew was represented by counsel. His conduct violated Rules of Professional Conduct 1.3, 1.4, 1.5, 1.7, 4.2 and 8.4 (a).

The Tennessee Supreme Court in a unanimous decision today held that the Tennessee Consumer Protection Act applies to claims arising out of the business aspects of a health care provider’s practice. The decision overturns both the Court of Appeals and the Madison County Circuit Court, which had ruled that health care providers were not subject to the act. The case centered on two individuals who were treated for auto accident injuries at two Tennessee hospitals. Rather than applying their health insurance benefits to their bills, the hospitals filed liens for the full amount of the bills. Both patients argued that action was an unlawful business practice. The court’s decision allows them to continue with their suits.

The Federal Bar Association Chapter of Northeast Tennessee will hold an event on the electoral college and the 19th Constitutional Amendment on May 8 at 2 p.m. EDT. The event will take place at the General Morgan Inn, 111 N. Main St., Greeneville 37743. Following the presentation, a reception honoring U.S. District Judges Clifton Leland "Cliff" Corker and J. Ronnie Greer and Magistrate Judge Cindy Wyrick will take place from 4-5 p.m. Light appetizers and refreshments will be provided. RSVP to Emily McLaughlin, 423-928-0165.

A class-action lawsuit has been filed against Brentwood company Brookdale Senior Living alleging its leaders willfully understaffed facilities to boost profits, the Nashville Post reports. The suit is being brought on behalf of a group of elderly and disabled residents from nearly 56 facilities. It alleges that facilities limited care levels by using a corporate staffing algorithm rather than individual patient assessments to determine how many workers were needed. It also argues that the company engaged in a coverup through “misrepresentations, misleading statements, omissions and concealment of material facts…”. Brookdale says the case is without merit and will defend itself vigorously.

The American Bar Association Young Lawyers Division’s Disaster Legal Services Program and Paladin, a justice tech company specializing in pro bono software, today launched a national disaster relief pro bono portal that will list opportunities to serve those impacted by COVID-19, recent tornadoes in Tennessee, earthquakes in Puerto Rico and any future disasters. The ABA is making the portal available for free to all attorneys across the country in an effort to effectively deploy America’s lawyers to help individuals in times of emergencies. Lawyers can sign up and view cases here. Once logged in, lawyers will be able to filter opportunities by practice area, communities to serve, type of engagement and the ability to work remotely.

The Conference Design Committee for the 2020 Equal Justice University announced this week that it is putting its call for conference proposals on hold for now. In an email to supporters, the group writes: "Based on recently announced guidelines for large gatherings through the end of the summer, we are pausing EJU session submissions while we re-evaluate the conference format. We'll be sure to update you once decisions are made." The conference, hosted by the Tennessee Alliance for Legal Services, is scheduled to take place Sept. 9-11 in Murfreesboro.

The National Center for State Courts’ Center for Jury Studies has announced it is studying risk factors associated with juror Internet and social media use, especially in light of increased use of technology during the COVID-19 pandemic. One component of the study is a survey of attorneys with jury trial experience to learn their opinions about and experience with juror misconduct. The center reports that the information will be used to develop best practices. Take the survey here. For questions, please contact Paula Hannaford-Agor, 757-259-1556.