A federally chartered credit union agreed to purchase substantially all assets of a Tennessee-chartered bank. The Commissioner of the Tennessee Department of Financial Institutions objected. He contended that the transaction was prohibited by the Tennessee Banking Act because the credit union was not a bank holding company. So he sought declaratory and injunctive relief to stop the transaction. On cross-motions for summary judgment, the trial court concluded the sale of substantially all of the assets of a bank was not prohibited by the Act. We affirm.

Mother appeals the termination of her parental rights to three of her children. The trial court found six grounds for termination: abandonment by failure to visit, abandonment by failure to support, abandonment by failure to provide a suitable home, substantial noncompliance with a permanency plan, persistent conditions, and failure to manifest an ability and willingness to assume custody. The trial court also found termination of Mother’s parental rights to be in the best interests of the children. Mother raises procedural and substantive challenges to the trial court’s decision. We affirm the judgment of the trial court terminating Mother’s parental rights.

Mike Dunavant, former U.S. attorney for the Western District of Tennessee and former elected district attorney general of the 25th Judicial District, has been named deputy executive director of legal services and policy at the Tennessee District Attorneys General Conference (TNDAGC). In his new role, Dunavant will oversee four divisions: Legislative, Legal Services, Training and Child Support. He also will serve as the liaison between Tennessee’s 32 elected district attorneys general and the agencies and officials of the executive and legislative branches. Dunavant first joined the TNDAGC in 2006 when he was elected as the district attorney general for Lauderdale, Tipton, Fayette, Hardeman and McNairy counties. He was reelected in 2014 and served in the position until his 2017 appointment as U.S. attorney. He left that office and joined the Tennessee Comptroller of the Treasury’s Division of Investigations in 2021. Read more in a press release from the group.

In this interlocutory appeal, all parties agree the employee suffered injuries that arose primarily out of and in the course and scope of his employment. The employee’s immediate employer was not insured for workers’ compensation purposes as of the date of the accident. A contractor for whom the immediate employer was working had a policy of workers’ compensation insurance and has been deemed a statutory employer in this case, but the insurer has filed a declaratory judgment action in another court challenging the validity of that insurance contract. The trial court entered an order compelling the employer and/or the statutory employer to provide ongoing medical benefits to which the injured worker is statutorily entitled, and the immediate employer has appealed, arguing the trial court should have ordered the statutory employer’s insurer to pay such benefits. Upon careful consideration of the record and arguments of counsel, we affirm the trial court’s order and remand the case.

Week of November 27, 2023 - December 1, 2023

Overton County lawyer Joyce Annette “JJ” Oakley died Nov. 30. Services were held yesterday in Livingston. Oakley earned a bachelor of science in nursing in 1972 and a master of nursing in 1980. She taught for many years but then attended the University of Tennessee College of Law, earning a law degree in 1985. Oakley served as president of the Oakley First National Foundation, which provides scholarships to students in need. She also was a member of the Livingston Regional Hospital Board of Trustees and the Cumberland University Board of Trust.

If you tend to procrastinate, you may be asking, “Is it December already? And how do I get my CLE hours by the end of the month? Don’t panic! TBA has a number of CLE packages based on hours needed, including our most popular 15-hour package. We also have 12, 10, eight and six hour options. Access packages here or browse the full offerings of our Year End CLE event.

The TBA Health Law Section will host a free webinar on Dec. 11 on artificial intelligence (AI), and how health care-related businesses can build a viable AI Governance Program. AI applications have long been used to create health plans and technology services for decision support, back-office transactions, claims processing, supply management, surgical robotics and more. The growth in AI technology, however, has led to enforcement actions and lawsuits, making it important for companies to be aware of new standards. One hour of general CLE credit is available for a $50 processing fee.

WSMV Investigates last week published a piece highlighting one family’s experience with Tennessee’s current system of court-appointed representation in the juvenile and criminal courts. A shortage of court-appointed attorneys representing the indigent in Tennessee has led to people languishing in jail despite having not been convicted of a crime, the news outlet reports. Part of that shortage is due to the low reimbursement rate for these court-appointed attorneys. Tennessee's rate is the lowest in the country at $50 per hour and has not changed in more than 25 years. The Administrative Office of the Courts announced in October that it would ask the state legislature to increase compensation for court-appointed attorneys in the juvenile and criminal courts.

The TBA Health Law Section will host a free webinar on Dec. 11 on artificial intelligence (AI), and how healthcare-related businesses can build a viable AI Governance Program. AI applications have long been used by these entities in creating health plans and technology services for decision support, back-office transaction, claims processing, supply management, surgical robotics and more. New applications have led to enforcement actions and lawsuits, further setting new standards for businesses that develop, deploy or use AI models. This event will cover the basics for AI governance. One hour of general CLE credit is available for a $50 processing fee. Register now.