Attorneys who can volunteer or provide reduced-cost services are needed to help Afghan refugees arriving in Tennessee. Because of the emergency nature of the evacuation from their country, the majority of our Afghan allies have come to the United States under the designation of Humanitarian Parole, a document granted for short-term urgent humanitarian relief that gives the recipient official permission to enter the United States. These evacuees are eligible to apply for asylum through USCIS, but many need legal assistance to do so. Agencies assisting with the resettlement — Catholic Charities and the Nashville International Center for Empowerment (NICE) — can connect attorneys with those in need. To help, contact Max Rykov, 615-315-9681.

Shelby County District Attorney General Amy Weirich announced this afternoon that her office is dropping its pursuit of the death penalty against death row inmate Pervis Payne. It also filed notice with the criminal court that it is withdrawing its request for a hearing on the issue of intellectual disability, the Commercial Appeal reports. That hearing had been set for Dec. 13. The reason, according to Weirich, is because a state expert examined Payne as well as available records "and could not say that Payne's intellectual functioning is outside the range for intellectual disability.” Both the U.S. and Tennessee supreme courts have ruled it is unconstitutional to execute someone with an intellectual disability. In April, state legislators created a new law allowing death row inmates to appeal their sentences on intellectual disability grounds. Payne’s legal team filed an appeal soon after the governor signed the bill into law. Payne's attorney Kelley Henry applauded today's decision saying, "We look forward to Mr. Payne’s resentencing hearing. This is some measure of justice for Mr. Payne and his family, but our fight for full exoneration of this innocent man will continue." Read her full statement.

The Bureau of Workers’ Compensation Claims held its annual education conference a few weeks ago. One session that attracted attention focused on the growing need for in-court interpretation. Throughout Tennessee, the population of those with limited English proficiency has grown, as has the number of languages spoken. Tennessee Court of Workers' Compensation Claims Chief Judge Kenneth M. Switzer writes in a recent blog post that interpretation can be difficult given the use of unique terms that may not have a legal equivalent in other languages. “Concepts like maximum medical improvement, impairment rating, initial benefit period, preponderance of the evidence, etc. are hard to explain,” he says. To improve the use of interpreters in the court, Switzer lays out a number of procedures the court will now follow.

Tennessee Attorney General Herbert H. Slatery III has joined a bipartisan coalition of state attorneys general conducting a nationwide investigation into Meta Platforms Inc. (formerly known as Facebook). The group is exploring whether the company used manipulative techniques to promote its Instagram social media platform to children and young adults despite knowing that usage is associated with mental health harms. They also are examining potential violations of consumer protection laws. Today’s announcement follows recent reports revealing that Meta’s own internal research shows that using Instagram is associated with increased risks of physical and mental health harms on young people, including depression, eating disorders and even suicide.

The Tennessee Supreme Court today affirmed a three-year suspension for Nashville attorney Charles Edward Walker. The court took the action after a Board of Professional Responsibility hearing panel found that Walker mishandled a delinquent tax sale redemption proceeding, failed to make certain disclosures on a federal court pro hac vice application, and failed to comply with an injunction. Walker appealed the panel’s decision, which was upheld by the Davidson County Chancery Court. Walker then appealed to the Supreme Court, arguing that the chancery court lacked the power to modify the panel’s decision and erred when it found he violated the rules. The Supreme Court found that the suspension was supported by substantial and material evidence and that the hearing panel’s decision was neither arbitrary nor an abuse of discretion. Read the BPR's press release or read the opinion.

Baker Donelson has named Nashville-based shareholder Ashby Q. Burks as co-chair of its Health Law Group. Burks engages in a broad corporate practice, emphasizing mergers and acquisitions, joint ventures and other business transactions. Prior to joining the firm, he served as vice president, secretary and general counsel for Quorum Health Group and as vice president and assistant general counsel for HCA Inc. The firm also announced that it recently expanded the Health Law Group with the addition of six attorneys from Raleigh, North Carolina. That team marks the firm’s first foray into the North Carolina market.

Sullivan County lawyer Alexis Irene Tahinci was reinstated to the practice of law yesterday. Tahinci had been placed on inactive status more than five years ago. Tahinci petitioned the court for reinstatement and the Board of Professional Responsibility found the petition to be satisfactory. The court made the order effective as of Nov. 1.

Tennessee businesses are beginning to seek exemptions from the vaccine mandate ban passed by the state legislature in the COVID special session, WKRN reports. Under the new law, entities looking to maintain or implement a vaccine requirement must be granted permission from the comptroller’s office. More than 10 businesses have been approved so far, including Blue Cross Blue Shield, the University of Tennessee system, Vanderbilt University and Crockett County Ambulance Services. To qualify for an exemption, businesses must have received a federal contract, be a federal subcontractor or have a post-secondary education grant. According to reporting, state leaders are estimating up to 7,000 businesses or entities could apply for the exemption.

The state of Tennessee has agreed to pay five abortion providers $249,000 to cover legal fees associated with their challenge of an executive order that would have temporarily banned most abortions, Tennessee Lookout reports. Executive Order 25 suspended most surgical abortions and all other elective medical procedures, in part — Lee said at the time — to conserve personal protective equipment during the early months of the COVID-19 pandemic. A federal court put a stay on the order and an appellate court refused to remove it or hear an appeal. The order expired on April 30, 2020. The settlement was negotiated by the office of Attorney General Herbert Slatery,

President Joe Biden sent the nomination of Andre Mathis for the U.S. 6th Circuit Court of Appeals to the Senate today. Yesterday, the president announced his intention to nominate Mathis for the seat currently held by Bernice Bouie Donald, who plans to take senior status when a replacement is confirmed.