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Posted by: Barry Kolar on Sep 26, 2023

Dr. William Bauer most recently practiced as a Board-certified neurologist in Bellevue, Ohio. He regularly prescribed a high quantity of controlled substances to his patients for pain management. The Drug Enforcement Agency (DEA) investigated Bauer for these prescribing practices, and he was ultimately indicted for unauthorized distribution of controlled substances to 14 of his patients. A jury found him guilty on all counts, and he timely appealed. He raises two issues stemming from the Supreme Court’s intervening decision in Ruan v. United States, 142 S. Ct. 2370, (2022), and two evidentiary issues. Because we find that the district court did not plainly err in instructing the jury regarding the appropriate mens rea and did not otherwise err, we AFFIRM.

Posted by: Paul Burch on Sep 26, 2023

In filings released earlier this week, the Tennessee Registry of Election Finance found that from Jan. 1 to June 30, groups spent a combined $35 million on lobbying activity this year, a 66% rise since 2013 and nearly $4 million more than in 2022, reports Tennessee Lookout. The Tennessee Medical Association led spending during the filing period, paying out $330,322 to sway lawmakers. Their primary focus was a bill to address Tennessee abortion law, which initially didn’t provide doctors with exemptions to save the life of a mother. Republican lawmakers passed a narrow exemption bill. The Center for Individual Freedom, the Tennessee Electric Cooperative Association, the Tennessee Hospital Association and the Tennessee Health Care Association rounded out the top five.

Posted by: Barry Kolar on Sep 26, 2023

More than 500 guests filled the Tennessee Immigrant and Refugee Rights Coalition facilities in Nashville Friday for the 3rd Annual InterNASHional Night Market fundraiser. Featuring food from 23 different vendors from almost that many countries, the event celebrates Nashville’s wide range of immigrant and refugee communities and provides funds for serving those communities. See photos from the event.

Posted by: Stacey Shrader Joslin on Sep 26, 2023

The Tennessee Supreme Court suspended 17 attorneys today for failure to pay the annual registration fee; 11 of them also failed to file proof that client funds are held in an IOLTA-compliant account. View the fee suspension order and IOLTA suspension order. See the list of all lawyers suspended and reinstated for fee and IOLTA violations in 2023 or access all administrative suspensions dating back to 2005.

Posted by: Stacey Shrader Joslin on Sep 26, 2023

The Hawkins County Commission has voted to appoint Amy Skelton as a temporary replacement for Juvenile Court Judge Daniel Boyd, who is currently suspended with pay while facing bribery and forgery charges. Skelton, a 2014 graduate of the University of Tennessee College of Law, is an associate attorney with the Law Office of Mark Skelton and a municipal court judge for Church Hill, Rogersville and Surgoinsville. She will remain in the position until Boyd’s suspension is lifted or through the end of the 2024 election cycle. Hamblen County Juvenile Court and General Sessions Court Judge Janice Snider has been filling in since Boyd was suspended. Boyd was charged with three counts of forgery, one count of criminal simulation and one count of bribery. He turned himself into authorities on Aug. 15. WCYB.com has news of the appointment while the Times News has more about Skelton.

Posted by: Paul Burch on Sep 26, 2023

The University of Tennessee College of Law announced seven new faculty members today. Lonnie T. Brown Jr., dean and Elvin E. Overton distinguished professor, said in a website announcement that “these talented scholars and teachers bring a wealth of knowledge, experience and immense talent that will further enrich our vibrant law school community.” The new members include Tyler Dougherty, Rebecca Eshbaugh, Kristina Kersey, Nicholas Nugent, Tomer S. Stein, Rachelle Ketchum West and Carlos A. Yunsan. Visit the school’s website to learn more.

Posted by: Paul Burch on Sep 26, 2023

The TBA Young Lawyers Division continued its fall law school visits Tuesday evening with a discussion at the Nashville School of Law. YLD Board members Anthony Adewumi and John Murphy led the discussion. Both are graduates of the award-winning DLI program and encouraged the students to apply, as well as to reach out to lawyers and begin networking with members of the TBA while still in law school. See photos here.

Posted by: Paul Burch on Sep 26, 2023

The Federal Trade Commission and 17 state attorneys general recently filed an antitrust lawsuit against Amazon.com, claiming the internet retailer has used illegal tactics to fend off companies that would have risen to challenge its monopoly, reports Reuters. The lawsuit has been expected after years of complaints that Amazon.com and other tech giants have abused their dominance of search, social media and online retailing to become gate keepers on the most lucrative aspects of the internet. The FTC asked the court to issue a permanent injunction ordering Amazon.com to stop its unlawful conduct and to consider "any preliminary or permanent equitable relief, including but not limited to structural relief, necessary to restore fair competition."

Posted by: Paul Burch on Sep 26, 2023

The U.S. Supreme Court has denied a request by Alabama officials to halt a lower court's ruling that rejected the state's electoral map for being unlawfully biased against Black voters, reports Reuters. The court's action leaves intact a decision made on Sept. 5 by a federal three-judge panel in Birmingham which ruled that that state’s electoral map must be redrawn. That ruling was the second time the court has thrown out a plan enacted by the Republican-controlled Alabama state legislature. The panel noted in its ruling that they were "deeply troubled that the state enacted a map that the state readily admits does not provide the remedy we said federal law requires." More than one-quarter of Alabama's residents are Black. A court-appointed special master and cartographer will now oversee a new map ahead of next year's election.

Posted by: Paul Burch on Sep 26, 2023

The Tennessee foster parents of three immigrant children and a Memphis-based advocacy group have filed suit against the Department of Children's Services for failing to support their immigration needs, reports the Tennessean. The suit claims the state allowed youth in their custody to "age out" of the system without taking advantage of the Special Immigrant Juvenile Status program available to minors. The plaintiffs include a 15-year-old girl abandoned by her parents in Guatemala. DCS investigated her living situation last year, and she was removed from a relative's home after she became pregnant. She is now in a foster home, attending high school and raising her baby, the lawsuit states. Without legal status, she is at risk for deportation, though she wishes to stay in the U.S. with her child, a U.S. citizen.


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