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Posted by: Tanja Trezise on Apr 10, 2024

THAPAR, Circuit Judge. Darius Caraway overdosed in prison. His estate sued the prison and its officials, claiming they violated the Eighth Amendment by failing to prevent his overdose. The district court dismissed the estate’s complaint because it failed to state a claim. We affirm.

Posted by: Tanja Trezise on Apr 10, 2024

The pro se plaintiff appeals the trial court’s dismissal of her legal malpractice action against her former attorney. The trial court found that the plaintiff failed to offer any proof in support of her claim of negligence against the defendant attorney. We affirm.

Posted by: Tanja Trezise on Apr 10, 2024

In this appeal, the employee challenges the trial court’s interlocutory order denying her request for benefits. She contends she was injured while lifting and carrying a heavy box of fries while working as a cook. The employee did not provide written notice of her injury, and the parties dispute when she provided verbal notice, with the employer asserting it did not know of the alleged injury until more than fifteen days after the incident. In denying her request for benefits, the trial court noted the employee offered no evidence of timely written notice and concluded she failed to show she will likely prevail at trial in proving the employer had actual knowledge of the accident. The employee has appealed. Upon careful consideration of the record, we affirm the court’s decision, find the employee’s appeal to be frivolous, and remand the case.

Posted by: Stacey Shrader Joslin on Apr 10, 2024

The U.S. General Services Administration (GSA) is down to two sites for the planned new federal courthouse in Chattanooga, Chattanoogan.com reports. Those locations are: the TVA Building that spans Broad Street and the Hawk Hill site where the AT&T Field now stands. The 8th Street site is no longer under consideration. According to the news source, GSA anticipates a final site selection by this fall. According to WDEF, local officials are expressing opposition to the Hawk Hill site. The proposed new courthouse would encompass approximately 190,478 square feet, and include seven courtrooms, nine chambers and 40 secured parking spaces. View planning documents on the GSA website.

Posted by: Stacey Shrader Joslin on Apr 10, 2024

New law school rankings from U.S. News & World Report are out with fewer big changes than previous years, according to Reuters. Schools in the top four spots remained in the same position and there were relatively few changes among the so-called T-14 schools. Further down the list, though, there was significant movement. Catholic University’s Columbus School of Law and Samford University’s Cumberland School of Law both had the largest gain, moving up 28 positions. The University of Louisville Louis D. Brandeis School of Law had the largest drop, declining 37. For Tennessee schools, Vanderbilt University Law School came in at 19 (down from 16 last year); University of Tennessee College of Law came in at 52 (down one spot from last year); Belmont University College of Law ranked 91 (up from 105 last year); University of Memphis School of Law placed at 140 (down from 125 last year); and Lincoln Memorial University Duncan School of Law came in at 165 (up from 175 last year). See the full list for this year. Compare results to the 2023 list.

Posted by: Stacey Shrader Joslin on Apr 10, 2024

There’s more to starting a new firm than just having a great legal mind or a great team. There are many business decisions to be made, including determing the type of business entity to set up, the compensation structure for lawyers and legal assistants, and choosing a system for tracking and reporting finances. Get insights on these and other decisions that will need to be made in the Opening a Firm section of TBA’s Law Practice Management Center.

Posted by: Stacey Shrader Joslin on Apr 10, 2024

There is still time to sign up for tomorrow's Elder Law Basics program, which is designed for attorneys new to the practice, or those looking to brush up on their knowledge of this practice area. The topics will include an overview of powers of attorney, pre-admission evaluations, real estate in elder law, how clients can find and afford health care in retirement, ethics, and more. The program will take place virtually from 10 a.m. to 2:30 p.m. CDT.

Posted by: Stacey Shrader Joslin on Apr 9, 2024

Longtime Nashville injury lawyer Bart Durham died April 9 at the age of 89, News Channel 5 reports. Durham, founder of the personal injury law firm Bart Durham Injury Law, moved to Nashville in 1969 and launched the firm in 1975. A tribute penned by Durham’s son, also a lawyer at the firm, reads in part, “Beyond being the founding force and public face of Bart Durham Injury Law, he was, at his core, a dedicated husband, father and grandfather. His tireless commitment to justice, unparalleled work ethic and boundless generosity have left an enduring impact on our family, our firm and the countless lives he touched.” Visitation will be April 16 at 10 a.m. CDT at Woodmont Christian Church, 3601 Hillsboro Pk., Nashville 37215. A celebration of life will follow at noon. Memorial donations may be made to Heart’n Soul Hospice. The Tennessean has more on Durham's career.

Posted by: Julia Wilburn on Apr 9, 2024

The Tennessee Supreme Court has temporarily suspended Chattanooga attorney David James Fulton from the practice of law upon finding Fulton misappropriated funds for his personal use and posed a threat of substantial harm to the public. Fulton is immediately precluded from accepting any new cases, and he must cease representing existing clients by May 9. The suspension remains in effect until dissolution or modification by the court.

Posted by: Julia Wilburn on Apr 9, 2024

The Tennessee Supreme Court has censured Hawkins County attorney Terry Risner. The court found that Risner did not timely file a brief on behalf of a client with the Court of Appeals, despite being given two 10-day extensions. These actions were determined to violate Rules of Professional Conduct 1.3, 3.4 and 8.4(d). A public censure is a rebuke and warning to the attorney, but it does not affect the attorney’s ability to practice law.


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