The Tennessee Attorney General’s Office Division of Consumer Affairs notified the public today of a new law impacting the recording of service contracts with registers of deeds. The new law prohibits the recording of service agreements and makes a service contract void and unenforceable if the agreement (1) purports to run with the land or be binding on future owners of interest in the real property, (2) allows for assignment of the right to provide services without notice to and consent of the residential real estate owner or (3) purports to create a lien, encumbrance or other real property security interest. The office also lays out warning signs consumers should look for when approached by companies offering a cash payment in exchange for agreeing to use their services in the future. Learn more about the law.

The American Bar Association’s (ABA) Task Force for American Democracy kicks off a series of listening tour events tomorrow with a program in Atlanta featuring local leaders, legal scholars and defenders of democracy. Speakers at “Taking the Next Step: Ensuring Trusted Elections and Civics for Georgians,” include ABA President Mary Smith, retired federal judge J. Michael Luttig and Georgia Secretary of State Brad Raffensperger. Ryan Germany, a partner at Gilbert Harrell Sumerford & Martin and former general counsel to the Georgia Secretary of State will moderate the discussion. The event will be held at the Bar Center of Georgia from 1-4:30 p.m. EST. To attend, RSVP here or watch a livestream. Materials for the event are online.

Nashville lawyer Richard Warren Sebastian died on Feb. 9 at the age of 59. Sebastian served as the managing partner of the Ortale Kelley Law Firm and focused his practice in the areas of real estate law, commercial transactions and corporate law. Sebastian attended Battle Ground Academy, Middle Tennessee State University, and the Nashville School of Law, graduating in 1992. Services will be held at St. Henry Catholic Church, 6401 Harding Pk., Nashville 37205, on Thursday. Visitation will be from 9-10 a.m. CST followed by a mass and burial at Harpeth Hills Memory Garden, 9090 Hwy. 100, Nashville 37221.

The TBA YLD's Diversity Law Week gives high school students the opportunity to visit a local courthouse, shadow and engage with practicing attorneys or judges, visit a college or law school campus, and participate in programming designed to expose them to the theory and practice of law. Diversity Law Week will offer participants a one-of-a-kind experience and an invaluable road map for becoming a lawyer. Volunteers are needed March 11 and 12 in Chattanooga for Diversity Law Week. Click here for more information on how you can volunteer.

The employee reported suffering several injuries, including to his head and neck, while working for the employer as a package handler. His claim was accepted as compensable and medical benefits were provided. After the authorized physicians treated and released the employee, he suffered one or more strokes, which he attributed to the work accident. After the trial court entered an order denying the employee’s claim for temporary disability and medical benefits, which we affirmed, the employer filed a motion for summary judgment, asserting that the employee had come forward with no expert medical opinion causally relating his strokes and associated medical conditions to the work accident. The trial court then granted the motion for summary judgment and dismissed the petition for benefits related to the employee’s strokes while leaving open his entitlement to future medical benefits related to the work accident. The employee has appealed. Having carefully reviewed the record, we affirm the trial court’s decision and certify the order granting summary judgment as final.

Week of February 5, 2024 - February 9, 2024

Knoxville lawyer Gaither Wilson Horde Jr. died Friday at 97. Horde grew up in Nashville and served in the U.S. Navy during World War II, participating in landings at Saipan and Iwo Jima. Following military service, he attended Peabody College and Vanderbilt Law School, receiving his law degree in 1951. Horde began practicing law in Knoxville with Stone, Bozeman, & Horde before serving as an assistant U.S. attorney for the Eastern District of Tennessee. He later served as general counsel for Union Carbide Nuclear Division and Lockheed Martin Energy Systems for 33 years. He returned to private practice, joining the law firm of Kramer Rayson, where he retired at the age of 90. From 2011 to 2015, he served on the TBA's House of Delegates. The family will gather at Edgewood Cemetery for a private graveside service on Feb 16. Memorial contributions may be made to the Salvation Army of Knoxville, P.O. Box 669, Knoxville, TN 37901-0669.

Attorney volunteers are needed for an Essential Documents for Essential Workers clinic at Belmont University’s Ministry Center on Feb. 24 from noon to 3:30 p.m. CST. At the clinic, attorney and law student volunteers will draft simple wills and powers of attorney for low income clients. Forms will be provided and no prior estate planning experience needed. To sign up to volunteer and for more information, please contact Ginny Blake at Ginny.Blake@belmont.edu.

A federal judge preliminarily has approved more than $104 million in settlements between major U.S. universities and a proposed class of students, who accused the schools of favoring wealthy applicants for admission, reports Reuters. U.S. District Judge Matthew Kennelly in Chicago said the students’ previously disclosed agreements with Brown, Columbia, Yale and other schools were reasonable and could move forward. The students’ case is continuing against 10 other schools. The lawsuit, brought in 2022, seeks billions of dollars in damages on behalf of a proposed class of hundreds of thousands of current and former students who accuse the schools of unlawfully considering applicants' financial backgrounds in admission decisions.

A sheriff in Washington County intends to use the department's share of settlement funds from recent opioid lawsuits to address recidivism through social services, the Johnson City Press reports. Sheriff Keith Sexton told the county’s Health, Education and Welfare Committee earlier this month his department intends to provide treatment to inmates dealing with mental health and substance abuse problems following incarceration. “The jails have become the dumping ground for those who are mentally ill, and I would say 90% of the people are addicted to something over in the Detention Center,” Sexton said. “People would come to the jail, and that’s the only time you’re going to see that person when they’re clean and sober.” Tennessee has set up an opioid abatement council to decide how to best spend dollars received from lawsuits related to the opioid crisis. Washington County is set to receive $530,000 in the first round of payments. Shelby County topped the list and is set to receive about $3.6 million in funding.