The employee sustained injuries to his right foot and leg while working for the employer in October 2020. Thereafter, in April 2022, the parties presented a proposed settlement to the trial court resolving the employee’s claim for an original award of permanent partial disability benefits. When the employee’s initial benefit period ended, the employee filed a petition for increased benefits, extraordinary relief, or permanent total disability. The employer denied the employee’s claim for additional benefits, asserting in part that the employee’s permanent work restrictions were unrelated to the work accident. Following a period of discovery, the employer filed a motion for partial summary judgment, arguing that the employee’s court-approved settlement for permanent partial disability benefits precluded, as a matter of law, any award of permanent total disability benefits. The employer further argued that the medical evidence did not support an award of extraordinary relief under the express terms of that statute. In addition, the employer filed a motion to quash a subpoena duces tecum the employee had served on the employer’s vocational expert seeking the production of certain documents. In two separate orders, the trial court declined to rule on the employer’s motion for partial summary judgment prior to the compensation hearing, and it declined to quash the subpoena duces tecum. The employer has appealed both orders, which we consolidated for purposes of this appeal. Upon careful consideration of the record and arguments of counsel, we affirm in part and vacate in part the trial court’s orders and remand the case.

This is an appeal from the Workers' Compensation Appeals Board which affirmed a judgment of the Court of Workers' Compensation Claims finding that Appellee Natacha Hudgins' back injury was compensable and that the date of her maximum medical improvement was January 6, 2022. The appeal has been referred to the Special Workers' Compensation Appeals Panel for findings of fact and conclusions of law pursuant to Tennessee Supreme Court Rule 51. We affirm.

Tennessee Attorney General Jonathan Skrmetti recently joined a coalition of 26 other state attorneys general in sending a letter to Meta Platforms Inc. demanding that Instagram stop “monetizing child exploitation content.” The group cites recent articles in The Wall Street Journal and New York Times that suggest Meta promoted minor accounts to “likely pedophiles.” In announcing the move, Skrmetti said, “My office is already suing Meta for its harms to children's mental health, and this latest report only adds to my concern about the risks Meta poses to Tennessee kids. Meta needs to do a better job of using its vast resources to protect our vulnerable youth.”

The U.S. Patent and Trademark Office (USPTO) recently released a report to Congress — as required by the Unleashing American Innovators Act of 2022 — assessing the health and functionality of the participating patent pro bono programs. Details regarding the study findings, as well as a copy of the full report, are available here. The study found that the programs are successfully expanding access to the patent system to financially under-resourced independent inventors and small businesses.

Patent practitioners can volunteer through their local patent pro bono program. Visit tnpatents.org/for-attorneys or uspto.gov/probonopatents for more information on how to volunteer. The local program screens applicants using criteria that include: (1) household income, (2) knowledge of the patent system and (3) possession of an actual invention (not merely an idea) to ensure that each inventor or small business is a good candidate for assistance.

Our main event of the year is quickly approaching, and you will not want to miss out on the diverse and timely CLE programming we have lined up. Come join us for the 2024 Intellectual Property Law Forum at Belmont University College of Law on April 5 to learn about the latest on AI and copyright; AI and patent law and practice; IP issues within the alcohol world; and the intersection between IP and street art. Visit the TBA CLE course catalog for more details and to register. We also hope that you can stick around for a happy hour event directly following the forum to give you a chance to meet and interact with other section members. 

While the annual forum serves as our main event, the executive council strives to provide other valuable and enriching events for our members throughout the year. This year we would like to extend a sincere thank you to Patterson Intellectual Property Law for hosting a Fireside Chat with Regional Director Hope Shimabuku of the U.S. Patent and Trademark Office's (USPTO) Texas Regional Office in early September 2023. This event provided a unique opportunity to interface with USPTO leadership and was a great success thanks to all of our section members who attended.

On behalf of the executive council, thank you for your past and continued support of the TBA Intellectual Property Section!

— Lauren Sherwood, TBA Intellectual Property Law Section Chair

The writing section of the Law School Admission Test (LSAT) will get an overhaul this summer with a greater emphasis on gauging analytical skills, according to Reuters. Currently, LSAT takers have 35 minutes to write an argumentative essay on a provided topic designed to demonstrate their logical reasoning. The updated writing section will give examinees 15 minutes to read different positions on a debatable topic, after which they will have 35 minutes to write an argument in which they take a position and address the strengths and weaknesses of the various ideas presented. The writing section, which is taken separately from the rest of the test, will debut on July 31, eight days before the first LSAT without logic games.

The TBA’s 19th Annual Bankruptcy Law Forum will take place April 12-14 at The Westin Chattanooga, 801 Pine St, Chattanooga 37402. Make plans now to join colleagues for this three-day experience, learning from some of the region’s top bankruptcy practitioners, Chapter 13 trustees and sitting judges. The forum’s most unique element — pairing attendees with judges in small groups to discuss specific consumer and commercial case problems — also is back to help attendees analyze the real-world problems bankruptcy lawyers face. Other topics include developments impacting mortgages in bankruptcies, new amendments to Article 9 of the UCC, ethical issues that arise in bankruptcy and case law updates. Finally, attendees will join faculty and judges on Saturday evening for dinner.

As the current chair of the TBA Construction Law Section, I want to thank all of you for your section participation. Our section held its annual Construction Law Forum on Jan. 26 at the Tennessee Bankers Association. The program was an overwhelming success, with over 60 attendees. The program covered various “gotchas” that may affect construction law practitioners. The success was undoubtedly due to the great work by section executive council members and program producers Tim Crenshaw, Theresa Critchfield and Regan Steepleton. We also appreciate the time and words of wisdom provided by each of our speakers. If you would like to watch a recording of the program, be sure to visit the TBA CLE Course Catalog.

The executive council has recently been busy reviewing proposed legislation and providing feedback on behalf of the section regarding potential bills that may have an impact in the area of construction law. We value your input as section members, so do not hesitate to reach out with any questions or comments.

Again, thank you for continuing to be a valuable part of our section and we look forward to a fantastic 2024.

Josh Jenkins

As the TBA Creditors Practice Section chair, I want to thank you for being a member of the section and supporting the work we do. To recap our year so far, I officially became chair in June 2023. In October we held our second annual CLE at 1212 Germantown. It was a successful in-person event, covering an array of noteworthy topics including artificial intelligence, charging order/successor liability and liens. If you missed it, you can catch up on those presentations in the TBA CLE Course Catalog.

The 2024 state legislative session has included proposed bills that will effect our area of law. Most notably is HB2320, which requires attorneys to attach certain documents evidencing the debt to a new filing as well as listing prior purchasers of the debt. I suggest reading the bill and reaching out to your representatives to voice any concerns. We are actively working to communicate our concerns to the bill’s lobbying committee and are open to comments from our section members. We review all bills that are introduced in the consumer law area and welcome any feedback we can share with our lobbyists.

To wrap out the bar year, we plan to hold a spring social. The details are still being planned but stay tuned for an email soon on a date and location. If your firm is interested in hosting or sponsoring a social hour, please reach out to me or Chelsea Bennett. Also don’t forget our TBA Annual Convention will be in June at the Peabody in Memphis.

Thank you for being part of our section. If you have thoughts or ideas for section initiatives or events, don’t hesitate to reach out.

— Crystal R. Cole
crc@crystalcolelaw.com

TBA Entertainment and Sports Law section members are invited to attend the inaugural Vanderbilt Music Law Summit on April 4 at Vanderbilt Law School. This year’s summit will focus on generative artificial intelligence and feature a stellar lineup of experts from industry, academia, government and beyond. Registration is free, and CLE credit is offered. Peruse the schedule, lineup of speakers and complete your registration here.