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Posted by: Julia Wilburn on Aug 11, 2023

The U.S. Supreme Court has temporarily halted a bankruptcy arrangement for Purdue Pharma, the manufacturer of OxyContin, which sought to shield the Sackler family from further lawsuits related to the opioid epidemic. This decision, likely to delay compensation to opioid crisis victims, follows an objection by the Justice Department. The deal was set to offer the Sacklers immunity from civil legal disputes in exchange for a significant payout. The Supreme Court's decision to hear the case in December could have broad implications for similar mass tort cases resolved through bankruptcy courts. The New York Times has the story.

Posted by: Julia Wilburn on Aug 11, 2023

Gov. Bill Lee's proposal to temporarily restrict gun access for those deemed a danger won't be addressed in the upcoming special session responding to the Covenant School shooting. Axios Nashville reports that Lt. Gov. Randy McNally, R-Oak Ridge, cited lack of conservative support as the reason. Although not on the current agenda, the possibility remains open for lawmakers to introduce and discuss the measure during the session.

Posted by: Julia Wilburn on Aug 11, 2023

In Memphis, Central High School educators Roland Wilson and Mary McIntosh are two of six plaintiffs taking a stand against Tennessee's "prohibited concepts" law. The law, enacted in 2021 amid debates around teaching critical race theory, restricts discussions on race and gender in classrooms. Wilson, a choir director known for his innovative teaching of African American spirituals, and McIntosh, a history teacher, argue that the law impedes their ability to provide a comprehensive understanding of American history. The Daily Memphian has the story.

Posted by: Julia Wilburn on Aug 11, 2023

The Tennessee Supreme Court is unfamiliar territory for most lawyers and success in this court requires not only thorough preparation but mastery of oral and written advocacy as well. This boot camp allows lawyers to observe oral arguments in real cases being presented to the court, followed by analysis and discussion on preparation, tips and considerations for deciding to seek review in the TSC. Join your colleagues in Nashville Oct. 4 from 9 a.m.-4:30 p.m. CDT and earn one dual and 3.75 general credits.

Posted by: Laura Labenberg & Julia Wilburn on Aug 11, 2023

What happens when a client sorta, kinda lies? Is it really even a lie? And what’s a lawyer to do about it? Well, it depends. Is it in a tribunal or a negotiation? Is it a statement of fact or law? Stuart Teicher, the CLE Performer, is going to try to help you keep your head afloat by explaining it all. Topics include: a deep dive into Rule 3.3, an even deeper dive into Rule 3.3’s Comment [10] and a shallow swim around Rule 1.0(m) and the definition of a tribunal — discussion of Rule 4.1. Join your colleagues for this webcast on Oct. 12 from 9-10 a.m. CDT and earn one dual CLE credit.

Posted by: Paul Burch on Aug 11, 2023

University of Tennessee College of Law Dean Lonnie Brown has announced three new appointments to the school's leadership team. Michael Higdon, the W. Allen Separk Distinguished Professor of Law, has been named interim associate dean for academic affairs. Teri Baxter, the Williford Gragg Distinguished Professor, will serve as the interim associate dean for faculty development. And Brad Morgan, who joined the college in 2011, was named assistant dean for student affairs. Read more about the new appointees.

Posted by: Stacey Shrader Joslin on Aug 11, 2023

Tennessee Gov. Bill Lee has issued a proclamation calling for a special legislative session beginning on Aug. 21 to address public safety. In addition to his previously unveiled proposal to provide authority for courts to issue mental health orders of protection — which would temporarily remove guns from those deemed dangerous to themselves or others — Lee identified 17 other areas for legislative action focusing on the safe storage of firearms, mental health services and school safety policies. House Speaker Cameron Sexton, R-Crossville, has said he would like to see the legislature use the special session to focus on juvenile crime, mentioning bills that would raise the age at which youth can have their records expunged and lowering the age at which they can be tried as adults. WPLN has more on his comments. House Minority Leader Karen Camper, D-Memphis, said she was disappointed with the scope of the special session, saying she was hoping for a "serious discussion about gun reform in Tennessee." The Tennessean has more on reaction from the capitol.

Posted by: Julia Wilburn on Aug 11, 2023

Join members of the TBA Attorney Well Being Committee for a live interactive roundtable for law students and young lawyers on how best to manage work-life balance as a legal professional. This 45-minute Zoom event on March 28 at 12:30 p.m. CDT will feature seasoned lawyers discussing their day-to-day practice, and provide effective tools for personal well-being. The event is free and open to all currently enrolled law students and TBA members but registration is required. Questions and feedback are encouraged for this interactive roundtable. Submit questions in advance to jword@tnbar.org.

Posted by: Karen Belcher on Aug 10, 2023

The Defendant, Jarrett Michael Tolley, pleaded guilty to multiple theft- and fraud-related charges in the Washington County Criminal Court, for which she received a sentence of seven years’ incarceration suspended to fifteen years on community corrections. The sentence was ordered to be served consecutively to a sentence of two years’ incarceration imposed in an unrelated case in Carter County, which resulted in a sentence of six years on community corrections, for an effective sentence of twenty-one years to be served on community corrections. The Defendant filed a motion to correct an illegal sentence pursuant to Tennessee Rule of Criminal Procedure 36.1, which the trial court denied. On appeal, the Defendant contends that the trial court erred in denying relief. We affirm the judgment of the trial court.

Posted by: Karen Belcher on Aug 10, 2023

KAREN NELSON MOORE, Circuit Judge. In 2011, Nickless Whitson participated in two Hobbs Act robberies. He was charged with and convicted of eight crimes at trial and sentenced to 1,252 months of incarceration. After several appeals, through which four of his convictions were vacated, he was resentenced in May of 2022 to 360 months of incarceration. Whitson contends that his sentence was procedurally and substantively unreasonable. He argues that the district court made four errors: first, it speculated that Whitson’s difficult upbringing made him more likely to reoffend, in spite of evidence to the contrary; second, it failed to make an “individualized assessment” of Whitson’s background; third, it impermissibly required Whitson to admit his guilt in order to consider fully evidence of his rehabilitation while incarcerated; and fourth, it did not properly weigh the evidence of his rehabilitation. We conclude that the district court committed plain error by requiring Whitson to admit his guilt in order to consider fully the evidence of his rehabilitation. We therefore VACATE Whitson’s sentence and REMAND for resentencing.


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