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Posted by: Stacey Shrader Joslin & Mindy Thomas on Dec 15, 2023

Today is your last chance to lock in savings with the TBA's group health insurance. The TBA BlueCross BlueShield of Tennessee plan is guaranteed issue, and has no health questions and no pre-existing condition exclusions. And new this year, plans include the added benefit of a $15,000 life insurance policy for each insured. Don’t delay, sign up today!

Posted by: Paul Burch on Dec 14, 2023

A recent Vanderbilt University poll shows that support among Tennesseans for gun safety reforms has increased in recent months as the state legislature's popularity continues to decline, reports Knox News. The poll found 76% of voters polled would support legally requiring gun owners to safely secure their firearms in vehicles and "passing laws that temporarily restrict access to guns for individuals who are at high risk of harming themselves or others." Only 16% would somewhat or strongly oppose the temporary gun restriction proposal, while 19% would oppose a vehicle safe storage law. Approval of the state legislature dropped one point from Vanderbilt's spring poll to 42%, the lowest ever recorded by the poll.

Posted by: Paul Burch on Dec 14, 2023

Law School Admission Council (LSAC) data released in last month shows that more students of color are applying to law school, with applicants in nearly all ethnic categories increasing, the ABA Journal reports. The results follow a four-year trend of applicants of color increasing about 1% each year. In related news, Reuters reported a growing number of law schools are experimenting with small-scale admissions programs that do not rely on the Law School Admission Test, a move they hope will broaden applicant pools and bolster diversity.

Posted by: Paul Burch on Dec 14, 2023

A federal judge today rejected a request by Students for Fair Admissions (SFFA) — the group that successfully challenged race-conscious college admissions policies before the U.S. Supreme Court — to bar the U.S. Naval Academy from considering race when evaluating candidates for the school. Reuters reports that U.S. District Judge Richard Bennett in Baltimore declined to issue a preliminary injunction sought by the group, saying it failed to show it would likely succeed in proving that the academy's consideration of race as an admissions factor was discriminatory.

Posted by: Paul Burch on Dec 14, 2023

The U.S. House of Representatives today in a 310-118 vote passed the annual defense spending bill and reauthorized Section 702 of the Foreign Intelligence Surveillance Act for an additional four months, Courthouse News Service reports. That program allows intelligence agencies to conduct surveillance on foreign nationals who use U.S. communications systems. Opponents of the program argue that it allows intelligence agencies to conduct surveillance activities without a search warrant and that it has been used to target American citizens and residents.

Posted by: Stacey Shrader Joslin on Dec 14, 2023

The Tennessee Lawyers’ Fund for Client Protection met today to consider claims from clients alleging financial loss due to the illegal actions of their lawyers. The fund approved one claim against Davidson County attorney David Dwayne Harris in the amount of $1,500. It also directed Harris to reimburse the fund for the expense. The Fund for Client Protection was established by the Tennessee Supreme Court to reimburse individuals for losses caused by dishonest conduct by attorneys. The fund is operated by a board, which meets quarterly to consider claims. In September 2022, the Tennessee Supreme Court amended Rule 25 to require the fund to notify the Tennessee Bar Association of claims paid. News releases also are posted online.

Posted by: Paul Burch on Dec 14, 2023

An audit released Monday by the Tennessee Comptroller has found that from 2021 to 2023, Tennessee’s Department of Labor and Workforce Development failed to comply with federal standards for prompt payout of unemployment insurance claims. The Tennessean also reports that payments continue to be delayed significantly. State residents who lose their job through no fault of their own may be eligible for up to $275 per week in unemployment benefits for up to 26 weeks in a year. Federal law requires states to pay unemployment benefits promptly to eligible residents.

Posted by: Karen Belcher on Dec 14, 2023

The Defendant, Guillermo Zapata, was convicted in the Shelby County Criminal Court of two counts of aggravated sexual battery, a Class B felony. After a sentencing hearing, the trial court merged the convictions and sentenced him to seven years, two months, and twelve days in confinement. On appeal, the Defendant contends that the evidence is insufficient to support the convictions, that the trial court erred by denying his motion to dismiss the indictment based on due process and speedy trial grounds, and that the trial court erred by instructing the jury on flight. Based upon our review, we affirm the judgments of the trial court.

Posted by: Karen Belcher on Dec 14, 2023

This appeal concerns sentencing issues only. Defendant, Robert W. Pitt, II, pleaded guilty in the Sumner County Criminal Court to five counts of statutory rape by an authority figure, involving one victim. After a sentencing hearing, the trial court sentenced Defendant to six years in confinement on each conviction and ordered the sentences to run consecutively, for an effective thirty-year sentence. Defendant argues on appeal that his sentences are excessive and that the trial court abused its discretion in ordering consecutive sentencing. We affirm.

Posted by: Karen Belcher on Dec 14, 2023

This appeal involves premises liability and negligence claims asserted against a homeowner’s association after a shooting outside its community clubhouse while it was rented for a birthday party. The trial court granted summary judgment to the homeowner’s association, dismissing all claims, on two grounds. First, the trial court found that there was no foreseeability, and therefore, there was no duty. Second, the trial court concluded that there was no nexus, or proximate cause, between the allegedly negligent acts or omissions of the homeowner’s association and the harm that occurred. The plaintiffs filed a motion to reconsider or clarify the ruling, which the trial court denied. For the following reasons, we affirm the decision of the circuit court and remand for further proceedings.


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