TBA Law Blog


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Posted by: Stacey Shrader Joslin on Apr 9, 2021
News Type: Legal News

The Trial Court Vacancy Commission has referred a vacancy in the 10th Judicial District Circuit Court to the governor to be filled after only two lawyers applied for consideration. The commission began seeking applicants on March 25. By the April 8 deadline, two candidates — David Mitchell Bryant and Michael Everett Jenne — had applied, leaving the commission unable to provide the governor with three names. Under the law, the governor can now fill the vacancy with any person who is qualified to serve. The vacancy will be created by the retirement of Judge Lawrence H. Puckett on July 1. District 10 covers Bradley, Polk, McMinn, and Monroe counties.

Posted by: Stacey Shrader Joslin on Apr 9, 2021
News Type: Legal News

In a ruling this week, Sullivan County Chancellor E.G. Moody granted a default judgment on liability against Endo Health Solutions Inc. and Endo Pharmaceuticals Inc. in the case of Staubus vs. Purdue, widely known as the “Sullivan Baby Doe” case. According to Second Judicial District Attorney General Barry Staubus, the judgment details a dozen false statements Endo’s attorneys made to the court and describes a “coordinated strategy between Endo and its counsel to … interfere with the administration of justice." The ruling reserved determination of damages for a jury trial set to start on July 26. The Nashville law firm of Branstetter, Stranch & Jennings is representing Baby Doe and is seeking $2.4 billion in damages. The suit against Endo was first filed in 2017 by the district attorneys general of the First, Second and Third Judicial Districts. It was one of the first in the nation to challenge major opioid producers. The district attorneys general sued under Tennessee’s Drug Dealer Liability Act, arguing that if a company facilitates over-prescription or diversion of controlled substances, it can be identified as a drug dealer. Read Moody's ruling and learn more about the case.

Posted by: Stacey Shrader Joslin on Apr 9, 2021
News Type: U.S. Supreme Court

The U.S. Supreme Court last week announced that it will close out oral arguments for the current session as it began, in teleconference sessions with justices and lawyers participating remotely. The public information office said the argument sessions scheduled for later this month and on May 4 will be held telephonically in keeping with COVID-19 public health guidance. Under usual court tradition, oral arguments would not resume until next October, but there is no word yet what plans are in place for the 2021-2022 term, CNN reports. The justices have not conducted arguments in their courtroom since March 2020. They heard their first case by teleconference last May.

Posted by: Stacey Shrader Joslin on Apr 9, 2021
News Type: Passages

Memphis lawyer Elbert E. Edwards III died Wednesday at 71. A graduate of the University of Memphis School of Law, Edwards spent his career practicing law in private practice, at Memphis Area Legal Services and later at the Shelby County Public Defender’s Office. Visitation will take place tomorrow from 9 to 10 a.m. followed by a memorial service at Whitehaven Baptist Church, 4800 Elvis Presley, Memphis 38116.

Posted by: Stacey Shrader Joslin on Apr 9, 2021
News Type: Legal News, Upcoming

The Tennessee Alliance for Legal Services is soliciting CLE session proposals for this year's Equal Justice University (EJU), being held virtually on Sept. 9 and 10. The organization is seeking proposals in the areas of elder law, employment law, family law, health and benefits, housing and consumer issues, education, juvenile justice, professional skills and financial management. Get more information about the conference and see the full list of topics. Submissions are due May 21.

Posted by: Stacey Shrader Joslin on Apr 9, 2021
News Type: Legal News

Davidson County Election commissioners voted to engage Vanderbilt law professor Jim Blumstein to provide independent legal advice on the number of signatures needed to trigger a citywide referendum election requested by an anti-tax group, Mainstreet Nashville reports. The commission is seeking advice on whether the 4 Good Government group, represented by attorney Jim Roberts, has filed enough signatures to trigger a referendum election to roll back property tax increases and other recent changes. Last year, the commission hired former Tennessee Supreme Court Justice William Koch and Bradley lawyer Junaid Odubeko to represent it in a similar suit from Roberts. But some commissioners expressed concern that the pair also now represent the Nashville Metro legal department, which could be a conflict of interest for them. Commissioners also discussed retaining Bradley lawyer Austin McMullen but did not vote on the matter. The petition Roberts filed last year was ruled unconstitutional due to issues with the way it was written.

Posted by: Stacey Shrader Joslin on Apr 9, 2021
News Type: Politics

Former U.S. Senator Bob Corker told an online meeting of the Memphis Rotary Club yesterday that he is about 45 days away from figuring out what his “next cause” will be, the Daily Memphian reports. Corker, who left the Senate after two terms at the end of 2018, said he does not miss the Senate or the divisiveness. Since leaving office, he has focused on several business ventures, including a development equity company and global investment banking firm. “I want to get my business platform in place. I want to get it set up for the future. I’m just maybe 45 days away from that. Then I’m going to figure out what the next cause is,” he told the group.

Posted by: Stacey Shrader Joslin on Apr 9, 2021

President Joe Biden signed an executive order today establishing a commission to study whether to add seats to the Supreme Court and other reform proposals, The Hill reports. The Presidential Commission on the Supreme Court of the United States will be chaired by former White House counsel Bob Bauer and Cristina Rodríguez, a Yale law school professor and former deputy assistant attorney general, and be comprised of 36 members. The group is tasked with examining the genesis of the reform debate and the court’s role in a constitutional system. It also is asked to analyze a number of reform proposals regarding the membership and size of the court, length of service for justices, the process for choosing cases, and current rules and practices. Read more from the executive order and the White House press release.

In related news, U.S. Supreme Court Justice Stephen Breyer warned this week that adding justices to the high court would cause “eroding” of trust in the court. In a two-hour address at Harvard Law School, he said public acceptance of court decisions, and more fundamentally, the rule of law, is threatened by such reform proposals. SCOTUSblog has more and a link to a video of the speech.

Posted by: Stacey Shrader Joslin on Apr 9, 2021

Legal Aid Society of Middle Tennessee & the Cumberlands will hold four phone clinics, starting tomorrow, for members of the public with questions about housing and renters’ rights, bankruptcy, medical bills, debt collection, domestic violence, SNAP benefits and unemployment benefits. Clinics are tomorrow from 8:30 to 10:30 a.m., Tuesday from 4:30 to 6:30 p.m. (with a special focus on disaster issues), Wednesday from 11 a.m. to 1 p.m. and Saturday from 8:30 to 10:30 a.m. All times central. To help answer questions, contact Andrae Crismon or Kendra Cheek or call 615-780-7131.

Posted by: Stacey Shrader Joslin on Apr 9, 2021
News Type: TBA CLE

Understanding and Confronting Unconscious Bias 2.0 is designed to help lawyers avoid bias in the decision-making process and better respond to allegations of bias from clients or third parties. The one-hour program will utilize exercises that help reveal biases, help participants better understand microaggressions, and provide tools for improving cross-cultural communication at the organizational and personal levels. Nashville lawyer Luther Wright with Ogletree Deakins will present the program on May 11 from 1 to 2 p.m. CDT. Missed the first installment of this program? Catch up here.


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