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Posted by: Stacey Shrader Joslin on Sep 6, 2023

TBA’s 35th Annual Health Law Forum makes its return to Nashville’s Music City Center Nov. 2-3. The premier program for Tennessee health care lawyers, the forum provides all necessary CLE requirements for the year — three dual hours and 12 general hours — while providing opportunities to connect with colleagues from across the state. Renowned Vanderbilt physician C. Buddy Creech, MD, MPH, will serve as the keynote presenter. This year’s event includes sessions focused on AI, the False Claims Act, No Surprises Act, telehealth, antitrust laws, fraud and abuse, Tennessee legislative update, state case law review and ethics. On Nov. 1, those interested in learning more about health law practice should make plans to attend the 23rd Annual Health Law Primer. The event, which focuses on introductory topics, will take place from noon to 4:30 p.m. CDT at the Nashville office of Bass, Berry & Sims. Discounted hotel rates are available for attendees at the Hyatt Centric Nashville.

Posted by: Stacey Shrader Joslin on Sep 6, 2023

Among the 38,000 or so first-year law students who began their studies this year are 51 who did not make the cut when they applied two years ago. Instead of rejecting them outright at the time, 22 law schools sent these aspiring lawyers — most of whom were racial minorities — into a new, year-long program to prepare them for the rigors of legal education. The program, called LexPostBacc, is hosted by AccessLex Institute and guarantees law school admission and scholarships for those who finish. The first cohort had a completion rate of 69%, Reuters reports. Among the participating schools is Tennessee's Lincoln Memorial University Duncan School of Law.

Posted by: Stacey Shrader Joslin on Sep 6, 2023

The Nashville Chapter of the American Constitutional Society is holding its annual U.S. Supreme Court Preview on Sept. 14 from noon to 1:30 p.m. CDT at the Nashville offices of Holland & Knight. A virtual attendance option also is available. The event will feature New York University School of Law professor Melissa Murray, co-author of “Cases and Materials on Reproductive Rights and Justice” and co-host of the Supreme Court podcast “Strict Scrutiny.”

Posted by: Karen Belcher on Sep 6, 2023

In 2020, the Defendant, Riki Kale Moss, was indicted for violation of the implied consent law, driving under the influence (“DUI”) by impairment, and DUI, per se. The Defendant filed a pretrial motion to suppress the evidence resulting from the traffic stop of his vehicle. The trial court granted the Defendant’s motion, and the State filed a motion to reconsider on the grounds that law enforcement had probable cause to stop the Defendant’s vehicle. The trial court issued a revised order denying the motion to suppress, and a jury convicted the Defendant of DUI by impairment and DUI per se. The Defendant appeals the denial of his motion to suppress and also contends that the evidence was insufficient to support his convictions. After review, we affirm the trial court’s judgments.

Posted by: Karen Belcher on Sep 6, 2023

SILER, Circuit Judge. Although Plaintiff Donald Freed prevailed on his Fifth Amendment claim before the district court, he appeals because the district court declined to award him the fair market value of his property minus his debt. Freed argues that the district court erred by (1) violating his Fifth or Eighth Amendment rights by awarding him “the difference between the foreclosure sale and [his] debt” instead of the fair market value of his property; (2) granting qualified immunity to Michelle Thomas, Gratiot County’s (“the County”) treasurer; and (3) denying without prejudice his motion for attorney’s fees. The County cross-appeals, arguing that the district court improperly held it liable for Freed’s 42 U.S.C. § 1983 claims. We affirm.

Posted by: Karen Belcher on Sep 6, 2023

Petitioner, Clint Earl Sims, appeals from the Madison County Circuit Court’s order denying him post-conviction relief. On appeal, Petitioner argues he received ineffective assistance of counsel when he pleaded guilty to two counts of aggravated assault, three counts of domestic assault, three counts of vandalism less than $1,000, one count of false imprisonment, and one count of violating an order of protection. Petitioner also argues counsel’s ineffective assistance rendered his guilty plea unknowing and involuntary. Following our review of the record, the parties’ briefs, and the applicable law, we conclude Petitioner’s appeal is untimely, the interest of justice does not favor waiver of the untimely notice, and therefore, this appeal is dismissed.

Posted by: Karen Belcher on Sep 6, 2023

A taxpayer who rented hygienically-clean textiles to its customers challenged the revocation of three industrial machinery tax exemption certificates that it had previously been issued. An administrative judge determined that the taxpayer was not entitled to the exemption because the taxpayer’s operations did not constitute “manufacturing” as they were not necessary for processing tangible personal property. The taxpayer appealed to the Chancery Court for Davidson County. The chancery court reversed after concluding that the administrative decision was not supported by substantial and material evidence. Discerning no error, we affirm the chancery court’s decision.

Posted by: Stacey Shrader Joslin on Sep 6, 2023

Baker Donelson has named J. Allen Roberts as the new managing shareholder of its Nashville office. Roberts succeeds Brigid Carpenter, who has been in the role since 2017, the Nashville Business Journal reports. Carpenter will remain with the firm, where her practice focuses on product liability defense and class-action defense. A Nashville native, Roberts has been with the firm for more than 11 years. He will continue his practice, which focuses on corporate governance, mergers and acquisitions and public and private equity.

Posted by: Stacey Shrader Joslin on Sep 6, 2023

The Sixth Circuit Court of Appeals promised a swift ruling on the fate of Tennessee’s ban on gender-affirming care for minors following a hearing last week. A three-judge panel of the court heard arguments Friday on whether to set aside a lower court’s ruling temporarily blocking the law, Tennessee Lookout reports. The court previously intervened on an emergency basis, allowing the law to take effect until it could hear arguments in the case. Also on Friday, the court heard a nearly identical challenge to a ban on gender-affirming care for minors in Kentucky.

Posted by: Stacey Shrader Joslin on Sep 6, 2023

Chattanooga attorney John McConnell Wolfe Jr., a frequent candidate for political office, died Monday at 69. Wolfe earned his law degree from the University of Memphis School of Law. After graduating, he established a private practice as a trial attorney. A reflection on his life notes that Wolfe “was notorious for representing those with cases no one else wanted to take. He did his best to give a voice and justice to those who otherwise would not have access to it, focusing his practice on civil rights and many pro bono cases in his later practice years.” The Chattanoogan noted his many campaigns in its report: he ran unsuccessfully in 2012 and 2016 for the Democratic Party's presidential nomination; in 2007 for the state Senate; in 1998, 2002 and 2004 for the U.S. Congress; and in 2001 for Chattanooga mayor. Memorial donations may be made to the Notre Dame High School Tuition Assistance Program, 2701 Vermont Ave., Chattanooga, TN 37404 or to the Society of St. Vincent de Paul, 501 South Moore Road, Chattanooga, TN 37412.


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