This is a divorce case where the wife has raised several discrete issues on appeal. Although certain of her assertions are without merit, we agree with the wife that the trial court erred in failing to account for certain real property located in Nigeria. Thus, the marital estate division is vacated, and the matter is remanded so that the trial court can account for the Nigerian real property highlighted herein. As a result of our disposition on that issue, as well as other concerns, we also vacate the trial court’s award of alimony to the husband.

Four members of the Tennessee Democratic Party Executive Committee have filed suit against the organization seeking to strip non-elected committee members of their right to vote on party business. According to Tennessee Lookout, the law mandates that political parties have an executive committee composed of one man and one woman from each of the state’s 33 Senate districts. The Democratic Party also allows representatives from the House and Senate Democratic Caucuses, Tennessee Federation of Democratic Women, Tennessee Democratic County Chairs Association, Tennessee Young Democrats, College Democrats and High School Democrats to serve on its executive committee. The group argues there is nothing in state law that allows these ex-officio members to have voting rights. The party argues that while the law sets out the minimum number of members, it does not prohibit the addition of others.

Sessions from this year's Construction Law Forum are now available for purchase in the CLE Course Catalog. Topics covered include contracts, dispute resolution, liens, the Prompt Pay Act, ethical considerations for each of these topics and a legislative update. Check out the individual videos or purchase the convenient 1-Click CLE package. 

The Tennessee Bar Association and Tennessee’s American Inns of Court are accepting nominations for the 2024 Judge Pamela L. Reeves Tennessee Professionalism Award through Monday. The annual award is presented to a lawyer or judge whose life and practice display sterling character and unquestioned integrity, coupled with ongoing dedication to the highest standards of the rule of law and the highest standards of the legal profession in Tennessee. This year's award will be presented to a lawyer or judge residing in the West Grand Division. Nominees must be alive when nominations are submitted but they need not be an active member of an American Inn of Court or the TBA. The award will be presented at the TBA's Annual Convention, which will be held in Memphis June 12-15.

Brentwood-based assisted living chain Brookdale Senior Living is facing questions regarding its use of an algorithm-based system to determine staffing needs at its properties. Brookdale, which operates 652 facilities across the nation, uses a system known as Service Alignment that advocates say can’t account for the diverse and individualized care needs for certain residents. Instances mentioned include a facility which saw the company’s algorithm recommend fewer caregivers than housed buildings at the site, and a man who froze to death after being left unattended for more than 12 hours due to understaffing. Brookdale is party to at least two lawsuits, one in California and another in Tennessee, regarding its staffing practices. “Service Alignment is a resource offered to community leaders to assist them with appropriately staffing communities,” said Brookdale spokeswoman Jackie Dickson. “This tool accounts for community-specific layouts and features, the ever-changing needs of residents, as well as applicable regulatory requirements, and is customized based on feedback from local community leaders.” Currently, there are no federal laws regulating assisted-living facilities, with only 13 states require staffing minimums. The Washington Post has more.

Next week’s Elder Law Basics course will feature a session on ethics in the practice area. Expert Amelia Crotwell of Elder Law of East Tennessee will examine ethical boundaries, including rules and unique situations involving seniors and families seeking counsel. Crotwell will also discuss client identification, capacity, conflicts of interest and best practices in elder law. Other topics covered at the forum include estate recovery, pre-admission evaluations, TennCare, real estate in elder law and how clients can afford health care in retirement. Learn more and register here.

The TBA Elder Law Section registry is a great place to find colleagues with a similar focus. The directory provides a list of section members and their contact information, as well as a list of any other sections or TBA groups in which they participate. This allows an avenue to connect with like-minded lawyers and find elder law attorneys versed in other practice areas as well. View the section directory here.

The TBA announced that it has hired Lanny Brown as its next assistant executive director. Brown, who joined the TBA on April 8, is a 20-year veteran of the non-profit sector with more than 15 years of management experience. He most recently served as vice president of the Girl Scouts of Middle Tennessee and previously as curator of the Nashville Zoo. With a diverse background in all aspects of operations, Brown has extensive experience in organizational efficiency and utilizing available resources and technology to add value to the member experience. Brown also enjoys playing an active volunteer role in the community, specifically helping small fledgling non-profits navigate the early stages of founding and launch. An Arizona native, Brown and his family moved to Nashville in 2012.

The Tennessee Bar Association’s online renewal for 2024-2025 is now open! Renew your membership to continue your access to TBA Today, the Tennessee Bar Journal, three free hours of CLE, the TBA’s Practice Management Center and free legal research through Fastcase, as well as savings on a range of products and services. Be sure to check out TBA's Preventing Legal Malpractice providers and new pet insurance program, and watch for more information this fall about TBA’s Group Health Insurance enrollment. Attorneys not participating in the TBA's firm billing program can log in and renew through their MyTBA dashboard. The TBA membership team will be working with firm administrators for those participating in firm billing.

Members of the Senate Judiciary Committee recently voted 5-3 to advance legislation that would move two judicial seats from Shelby County to other locations in the state. Before voting, the members heard from Memphis Bar Association member Justin Joy, who testified against the measure. Specifically, the bill, SB2517/HB2002, would move the circuit court seat held by state Supreme Court designee Mary Wagner to the East Tennessee district composed of Cocke, Grainger, Jefferson and Sevier counties, while the criminal court seat previously held by Melissa Boyd would go to Montgomery and Robertson counties. Sen. Brent Taylor, R-Memphis, offered an unsuccessful amendment to keep the positions in Memphis, but then was able to add language stating that if the bill becomes law, there should be an identifiable backlog where those cases could be distributed to circuit court judges with concurrent jurisdictions. Read more from Action News 5. The House Civil Justice Committee also approved its version of the bill yesterday, sending it to the Finance, Ways, and Means Subcommittee.