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Posted by: Stacey Shrader Joslin on Jan 11, 2024

Davidson County lawyer Dana L. Nero was censured on Jan. 8 for failing to notify a client that she had been suspended. The Tennessee Supreme Court says that Nero was temporarily suspended from the practice of law on Oct. 7, 2022, and while suspended represented a client in Davidson County Criminal Court. Tennessee Supreme Court Rule 9, Section 28, requires that those suspended notify all clients of the suspension within 10 days of the order. The court also found that Nero failed to give the client any papers or other property they were entitled to receive. Her actions were determined to violate Rules of Professional Conduct 3.4(c) and 8.4(g).

Posted by: Karen Belcher on Jan 11, 2024

Petitioner, Tavaris D. Bledsoe, appeals the denial of his post-conviction petition, arguing that the post-conviction court erred in concluding that he received the effective assistance of counsel. Upon our review, we conclude that Petitioner has failed to prepare a sufficient brief in compliance with Tennessee Rule of Appellate Procedure 27(a)(7) and Tennessee Court of Criminal Appeals Rule 10(b). Accordingly, his issues are waived, and the appeal is dismissed.

Posted by: Stacey Shrader Joslin on Jan 11, 2024

Tennessee Attorney General Jonathan Skrmetti has filed an unredacted copy of a lawsuit filed in October 2023 against Meta Platforms Inc., the company formerly known as Facebook. The lawsuit alleges the company’s Instagram platform causes mental health harms to its young users. “The unredacted complaint makes clear that Meta knew its platforms were hurting kids and made a very clear decision to choose money over the mental health of its young users,” Skrmetti said of the filing.

Posted by: Stacey Shrader Joslin on Jan 11, 2024

Did you miss last year’s Entertainment & Sports Law Forum? The courses are now available online for individual purchase or as a 1-Click Package. The forum featured some of the brightest minds in the industry breaking down cutting-edge issues in the entertainment and sports industries. Topics covered included sports betting, the Copyright Claims Board, producer agreements, sampling clearance and Artificial Intelligence (AI) in production technique. The program wrapped up with best practices for maximizing attorney well-being and mental health.

Posted by: Julia Wilburn on Jan 10, 2024

The U.S. Supreme Court on Monday declined to hear an appeal targeting an agreement among major U.S. meat suppliers to apportion potential liability for price-fixing claims brought by chicken purchasers Target, Campbell Soup Company and others. Also on Monday, the court declined to hear R.J. Reynolds Tobacco Company's challenge to a voter-approved measure in California that banned flavored tobacco, upholding a lower court's ruling holding that California's law did not conflict with a federal statute regulating tobacco products. On Tuesday, the justices heard arguments in a case over an inconsistently applied increase in bankruptcy fees, with at least three justices appearing hesitant to force U.S. taxpayers to foot a $326 million refund to debtors who paid higher rates. Reuters has the full story on all three decisions.

Posted by: Julia Wilburn on Jan 10, 2024

The U.S. Justice Department is issuing new guidance to police to ensure more care and accountability in specialized law enforcement teams like the Memphis Police Department's (MPD) SCORPION unit. NPR reports that one year after Tyre Nichols' death, federal officials are calling for mayors and police chiefs to assess whether specialized units are necessary to solve community problems, to take care that members assigned to such units have clean work and disciplinary histories, and to ensure that members are properly supervised. In related news, a Memphis City Council committee Tuesday split 7-6 in a non-binding vote calling for the replacement of MPD Chief Cerelyn "CJ" Davis. New Memphis Mayor Paul Young has stated publicly that he supports Davis' reappointment, but acknowledged that he would make a change if she does not produce the results the city needs.

Posted by: Chelsea Bennett on Jan 10, 2024

Artificial Intelligence (AI) is a hot topic in law, and the TBA is creating a new AI Task Force to educate and provide guidance to Tennessee lawyers on issues surrounding this technology. Some of the goals of the task force will be to help inform lawyers about the proper use of AI in the substantive practice of law, the potential risks of using AI, and the beneficial use of AI in the administrative practice of law. The group also will review AI tools and contribute new information to the TBA's online practice management resources. If you are interested in participating in this new task force, please email TBA Coordinator Chelsea Bennett before Jan. 31.

Posted by: Karen Belcher on Jan 10, 2024

SUTTON, Chief Judge. After more than a decade of regulatory and judicial proceedings, Sprint Communications concedes that it failed to pay Brandenburg Telephone Company in full for connecting local telephone calls and now owes $2.2 million plus compound interest. This appeal concerns one residual question: the interest rate on the award. Sprint says that Brandenburg’s filed utility tariff sets the interest rate at 8%, and that Sprint is on the hook for $4.3 million in interest. Brandenburg replies that the tariff imposes a rate of 10.66%, bringing Sprint’s bill to $7.1 million in interest. The district court ruled for Sprint. We affirm.

Posted by: Karen Belcher on Jan 10, 2024

Bobby V. Summers, Petitioner, appeals the post-conviction court’s summary dismissal of his petition as time-barred. Upon review of the record and applicable law, we affirm the judgment of the post-conviction court.

Posted by: Karen Belcher on Jan 10, 2024

The Petitioner, James Moore, was convicted by a Shelby County jury of attempted first degree murder and employing a firearm during the commission of a dangerous felony, for which he received an effective sentence of twenty-six years’ imprisonment. He now appeals the post-conviction court’s denial of relief, arguing that trial counsel was ineffective by failing to: (1) subpoena records that might have shown the victim’s intoxication; and (2) adequately advise the Petitioner about testifying. Alternatively, he argues that the cumulative effect of trial counsel’s deficiencies entitles him to relief. After review, we affirm the judgment of the post-conviction court.


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