The Southern Environmental Law Center (SELC) recently named George Nolan as the new director of its Tennessee office. A native of Bon Aqua, Nolan has practiced law in Nashville for 33 years. He was previously a member of Boult, Cummings, Conners & Berry PLC and Leader, Bulso & Nolan PLC. Nolan received his undergraduate degree from the University of Tennessee and  law degree from the University of Virginia. SELC is a nonprofit, nonpartisan law firm with offices in six southeastern states and Washington, D.C.

Chattanooga attorney Samuel Lee Akers died Jan. 16 at age 80. A native of Chattanooga, he served in the Navy as an operational intelligence officer and then earned his law degree from the University of Memphis in 1974. A member of the Jaycees, Akers taught public speaking in Memphis high schools and won an Outstanding Young Men of America award. After serving as an FBI special agent, Akers was legal advisor for the bureau's Orlando and Cocoa Beach offices. He later was appointed Hamilton County Clerk & Master, serving 18 years before retiring in 2014. Akers was a member of the Chattanooga and the Tennessee Bar foundations. In lieu of flowers, donations may be made to the Austin Hatcher Foundation for Pediatric Cancer and the Spacekind Foundation: Cosmic Odyssey Scholarship. Akers will be interred at the Chattanooga National Cemetery.

Womble Bond Dickinson has named Josh Mullen as the new managing partner of offices in Nashville and Huntsville. This, and other leadership appointments, were effective as of Jan. 1. Mullen will focus on government contracts and business litigation, and assist various government contractors with litigation and general counseling in all aspects of procurement law. In addition to Nashville, Womble Bond Dickinson has 24 offices in the United States and eight in the United Kingdom.

This appeal arises from a single-car accident in which the vehicle crashed into a fence, dumpster, and construction materials in the far-right lane of a city street. The plaintiff, who was sitting in the front passenger seat of the vehicle at the time of the accident, executed a release with the driver and the driver’s insurance company. The plaintiff subsequently filed a complaint against the construction company who placed the construction materials on the street, alleging negligence and negligence per se. The defendant filed a motion for summary judgment. The trial court granted the motion on the ground that the claim against the defendant was precluded by the release. The plaintiff appealed. We reverse and remand for further proceedings consistent with this opinion.

The Plaintiff hired the Defendant to build a concrete foundation for his new home. The foundation was allegedly defective. The Plaintiff hired a third party to remove the concrete and to properly complete the work. The Plaintiff then sued the Defendant, alleging breach of contract, negligent construction, and fraud. The case languished for several years. The trial court ordered the Plaintiff to provide dates on which the Defendant could inspect certain evidence, but the Plaintiff failed to comply. The trial court then orally granted the Defendant’s motion to dismiss with prejudice for failure to prosecute. Before the trial court entered a written order, the Plaintiff filed a notice of voluntary dismissal. The trial court concluded that the Plaintiff’s notice was untimely submitted, coming after the oral ruling granting the motion to dismiss, and entered a written order dismissing the Plaintiff’s case with prejudice for failure to prosecute. Concluding that the Plaintiff maintained his right to a voluntary dismissal under Tennessee Rule of Civil Procedure 41.01(1), we reverse.

Week of January 8, 2024 - January 12, 2024

Miller & Martin's Women's Network has announced a new community partnership with The Launch Pad, a Chattanooga non-profit organization offering support to local women in recovery. The Launch Pad provides residential, 12-step based sober living to women recovering from alcohol and drug addiction, and currently serves as a safe haven for 49 residents in five group homes. Residents attend AA/NA meetings, participate in weekly group therapy and obtain gainful employment. “The members of Miller & Martin’s Women’s Network are honored to partner with The Launch Pad and have been inspired by its commitment to ... its residents in 2024," said Lynzi J. Archibald, Chattanooga co-chair of the network.

Taylor English Duma LLP announced it has expanded its fractional GC practice "tle General Counsel" to Nashville. The firm, which currently employs nearly 200 attorneys, also announced that David “DC” Roberts joins the practice as a partner in Nashville. “The addition of DC to t|e General Counsel is a continuation of our expansion across the country,” said co-founder Allen W. Nelson. Prior to joining t|e General Counsel, Roberts was corporate/in-house counsel and chief medical compliance officer for The Providence Groups LLC and corporate/in-house counsel for Providence Consulting and Design.

The TBA’s next book club discussion event will take place Wednesday with Preston Lauterbach, author of “Beale Street Dynasty: Sex, Song and the Struggle for the Soul of Memphis.” The event will take place virtually on Zoom. Register to attend. The book, selected by TBA President Jim Barry, centers on an ex-slave who becomes the south’s first Black millionaire in Prohibition-era Memphis. Lauterbach brings history and the realities of race relations to life in his works, which also include “The Chitlin’ Circuit” and “Bluff City.” He also has co-authored three memoirs on significant figures in Black music: American blues musician and song writer Robert Johnson; Memphis soul drummer Howard Grimes; and a soon-to-be released biography of the Blind Boys of Alabama.

If you missed the TBA's 2023 Labor & Employment Law Forum, sessions are now available to watch on demand. The forum featured topics such as the new NLRB, FLSA case law updates and an ethics presentation on interviewing witnesses in the workplace. Check out the courses available. Watch one or purchase the full forum as a 1-Click Package.