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Posted by: Karen Belcher on Apr 16, 2024

This is the petitioner’s second petition to recuse based on the same allegations. Therefore, we affirm the trial court’s dismissal.

Posted by: Karen Belcher on Apr 16, 2024

In this termination of parental rights case, Brian T. and Samantha T., the maternal grandparents of Rori H., appeal the trial court’s ruling that termination of the parental rights of Rori’s father, Brennan H., is not in the child’s best interests. We conclude that the trial court erred in finding as grounds for termination that the father abandoned the child by failing to pay support in the four months preceding the petition. Having found no grounds for termination, we do not reach a best interests determination. Ultimately, we affirm the trial court’s denial of the petition for termination. We remand the case for further proceedings pursuant to Tennessee Code Annotated section 36-1-117(b)(4). Finally, we conclude that the father is not entitled to an award of attorney’s fees incurred on appeal.

Posted by: Karen Belcher on Apr 16, 2024

This is an appeal of a termination of a mother’s parental rights to her son. Ashley D. (“Petitioner”), who has maintained custody of Matthew D. (“the Child”) since he was four months old, sought termination of the parental rights of Natalie D. (“Mother”). The Circuit Court for Roane County (“the Trial Court”) found that clear and convincing evidence established the statutory ground of abandonment by failure to support and that it was in the best interest of the Child that Mother’s parental rights be terminated. Mother appeals. We affirm the Trial Court’s judgment.

Posted by: Julia Wilburn on Apr 16, 2024

Knoxville attorney Jack H. "Nick" McCall Jr., 63, died April 13 on the final day of his family vacation in the Bahamas. McCall was a commissioned officer in the U.S. Army, serving as a Regular Army captain before receiving his law degree from the University of Tennessee, where he served as editor in chief of the Tennessee Law Review. He was of counsel with Hunton & Williams’ Knoxville office from 1994 to 2003, and served as general counsel and secretary of CTI Molecular Imaging Inc. from 2003 to 2005. During that time, he taught as an adjunct professor at UT Law. The author of various articles on legal, foreign policy and historical topics, and the author/co-author of three books, McCall served on the TBA Board of Governors as well as on the Knoxville Bar Association Board, and the founding board of Legal Aid of East Tennessee. He was a member of the TBA’s Leadership Law Class of 2005, among other honors, awards, activities and community service roles. In his last position, McCall served as a senior attorney and deputy designated agency ethics official with the Tennessee Valley Authority in Knoxville, from which he retired in 2021. Our thanks to the Knoxville Bar Association for its assistance with this story. Arrangements are pending.

Posted by: Julia Wilburn on Apr 16, 2024

Nashville native and rap/country artist Jelly Roll, whose real name is Jason DeFord, is being sued for alleged trademark infringement. Kurt L. Titchenell is the leader of a Pennsylvania-based dance band called Jellyroll, and in his suit, he states that his band has used that name since March of 1980, more than four years before DeFord was born. The band received a trademark in August of 2010, and renewed that trademark most recently in December of 2019. Rolling Stone has more.

Posted by: Karen Belcher on Apr 16, 2024

A tax group performed tax credit services on a contingency fee basis for a corporation that owned several hospitals in California. Four and half years after the corporation completed a transaction referred to as a “spinoff,” the tax group informed the corporation that the spinoff triggered a reorganization provision of the parties’ contract that entitled the tax group to a fee for unused tax credits related to one of the hospitals involved in the spinoff. The corporation filed suit requesting a declaratory judgment that no fee was owed because the spinoff did not trigger the contract’s reorganization provision. After conducting discovery, the parties filed cross motions for summary judgment. The trial court denied the tax group’s motion and granted summary judgment to the corporation after concluding that the parties’ conduct prior to the dispute showed that they intended the term “reorganization” to have a tax-based meaning that corresponded to the Internal Revenue Code’s definition of the term and that the spinoff did not constitute a reorganization under that definition. Discerning no error, we affirm the trial court’s judgment.

Posted by: Julia Wilburn on Apr 16, 2024

The Diane Nash Plaza in front of the Metro Nashville Courthouse will be dedicated to the civil rights leader on April 20. The celebration will commence with a press conference at 8:30 a.m. CDT at the historic First Baptist Capitol Hill Church, immediately followed by a parade to the Plaza, featuring high school bands and many local organizations, civic leaders and other civil rights icons. The dedication will begin at 10 a.m. Nash rose to prominence as an activist, leader and strategist in the student wing of the Civil Rights Movement. The Tennessee Tribune has more information.

Posted by: Julia Wilburn on Apr 16, 2024

East Tennessee Lawyers’ Association For Women (ETLAW) will host its annual Tennessee Supreme Court Luncheon on May 21 from 11:30 a.m. to 1 p.m. EDT. Join the East Tennessee legal community at The Square Room, 4 Market Square, Knoxville 37902, to honor state Supreme Court justices and other members of the judiciary. Individual tickets are $50. A table of eight may be purchased/sponsored for $350. Register here by May 16. Contact Bianca White with questions.

Posted by: Julia Wilburn on Apr 16, 2024

Join your colleagues April 26 from 3-4 p.m. CDT for Pro Bono 101: Skills for Legal Volunteers. This webcast will cover helpful practice tips and cultural competency skills for working with clients, especially in pro bono and other access to justice contexts. Presenters will address various scenarios that may come up when working with legal service projects and pro bono clients. Get more information and register here. The program is free and offers one complimentary hour of CLE credit for TBA members.

Posted by: Stacey Shrader Joslin on Apr 16, 2024

In addition to compelling CLE, social events and networking opportunities, the 2024 TBA Annual Convention will include meetings of TBA's governing bodies. On June 12, the House of Delegates will meet in the afternoon, while new section chairs will meet to make plans for the 2024-2025 bar year. On June 14, the TBA Board of Governors and its Executive Committee will meet after the Lawyers Luncheon. Later that afternoon, the Tennessee Legal Community Foundation (TLCF) and TBA Member Insurance Solutions (TBAMS) will hold their respective board meetings. Wrapping up the day, the Young Lawyers Division's (YLD) Long Range Planning Committee will meet and all young lawyer members of the TBA will gather for the division's annual meeting. On June 15, members of the YLD Board will meet for committee breakouts and their summer board meeting. Check out the full convention schedule and make plans to be in Memphis June 12-15!


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