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Posted by: Stacey Shrader Joslin on Jul 14, 2023

The latest version of the state of Tennessee’s app includes a new section for mental health and addiction resources featuring the top services from the Tennessee Department of Mental Health and Substance Abuse Services. MyTN app users can easily click to call or text the Statewide Crisis Line and the Tennessee REDLINE. The app also has information on connecting to treatment services for those who are uninsured including the Behavioral Health Safety Net and addiction treatment Continuum of Care. Read more about the app from the state.

Posted by: Stacey Shrader Joslin on Jul 14, 2023

Former state Sen. Brian Kelsey, R-Germantown, is replacing his legal team after a federal judge rejected his motion to vacate his guilty plea to campaign finance crimes, the Tennessee Journal reports. In a court filing on Wednesday, Kelsey said he has hired J. Alex Little and Zachary Lawson of Burr & Forman. They replace Paul Bruno, David Rivera, Jerry Martin and David Warrington. The move comes amid what Kelsey’s new lawyers called a “deterioration of attorney-client relationships.” The new team also says they are looking at the potential for litigation against prior counsel. Little and Lawson asked a judge overseeing the case to delay Kelsey’s sentencing date by at least a month so they can get up to speed on the case.

Posted by: Stacey Shrader Joslin on Jul 14, 2023

A Canadian judge has ruled a farmer’s thumbs-up emoji constituted approval of a contract texted to him by a grain buyer, the ABA Journal reports. The farmer, Chris Achter, argued that the emoji merely indicated he had received the contract, not that he agreed to its terms. Under the court’s ruling Achter was ordered to pay $82,200 in Canadian dollars for breach of contract. The amount equals about $61,000 in U.S. dollars. Santa Clara University law professor Eric Goldman tells the New York Times that the precise meanings of emojis in both the United States and Canada depend on the facts of the case. “This case won’t definitively resolve what a thumbs-up emoji means,” he said. “But it does remind people that using the thumbs-up emoji can have serious legal consequences.”

Posted by: Stacey Shrader Joslin & Laura Labenberg on Jul 14, 2023

The TBA Young Lawyers Division is replaying three CLE webcasts from earlier in the year to help lawyers refresh and rejuvenate their practice. On Aug. 25, join colleagues for How to Log Off When Your Workday is Done. This program will focus on carving out time for yourself even when others expect you to be available at a moment’s notice. Panelists will discuss tips and tricks for setting boundaries around your personal time, managing expectations with clients and other attorneys, incorporating wellness into your day, and the benefits of logging off and getting out of the office.

Posted by: Julia Wilburn on Jul 14, 2023

Visitation for former Democratic lawmaker Roy Herron will be held this today from 5-8 p.m. and Saturday from noon to 2 p.m. CDT at First United Methodist Church, 225 Main St., Martin 38237. A service will take place following the visitation on Saturday at 2 p.m. Burial will be at Sunset Cemetery in Dresden at 400 Poplar St. A gathering celebrating Herron's life will take place after the burial. The location is tentatively set for Blake’s B-B-Que, 312 N. Lindell St. in Martin. The family also plans a celebration of Herron’s life in Nashville on Sept. 30, what would have been Herron's birthday. To RSVP for this weekend's funeral, please call Ashley at the Herron Law Office 731-364-5415. See a story in TBA Today for more on Herron's life and career.

Posted by: Paul Burch on Jul 13, 2023

Shelby County District Attorney General Steve Mulroy has announced that the Shelby County Juvenile Court is piloting the separation of its juvenile delinquency docket into two: one for cases that will be settled and the other for cases that will go to trial, reports the Daily Memphian. The docket separation, which begins Monday, will mirror the dockets of the Metropolitan Nashville & Davidson County Juvenile Court.

Posted by: Karen Belcher on Jul 13, 2023

JOHN K. BUSH, Circuit Judge. During the COVID-19 pandemic, Michigan State University (MSU) required its employees to receive a vaccine against the disease. Plaintiffs, who are MSU employees, objected. They claimed their naturally acquired immunity to COVID-19 should exempt them from the vaccine policy. That reasoning did not persuade MSU, which imposed disciplinary action against them for not getting vaccinated. The complaint below alleged that MSU violated plaintiffs’ constitutional rights and that the university’s vaccine mandate was preempted by federal law. The district court granted the university’s motion to dismiss. We agree with the district court that, as alleged, the university’s vaccine policy neither violated plaintiffs’ constitutional rights nor was preempted by federal law. We therefore AFFIRM.

Posted by: Karen Belcher on Jul 13, 2023

This appeal arises from the trial court’s denial of an insurer’s motion for summary judgment. The case, which arose in a construction industry setting, involves multiple contractors and multiple insurers. The primary issues addressed during the summary judgment hearing were whether the immediate employer’s workers’ compensation insurance policy had lapsed for non-payment of premium the day before the work accident and, consequently, whether that insurer was entitled to dismissal from the case. Having determined there were disputed issues of material fact regarding whether the policy had lapsed, the trial court denied the insurer’s motion, and the insurer appealed. Upon careful consideration of the record, arguments of counsel, and relevant precedent, we conclude the trial court cannot exercise subject matter jurisdiction over a coverage dispute between an employer and its insurer under the circumstances presented here, but we nevertheless affirm the trial court’s order denying the motion for summary judgment and remand the case.

Posted by: Paul Burch on Jul 13, 2023

Carter County lawyer Kristi Lea Norris Johnson received a public censure today from the Tennessee Supreme Court. Clients hired Johnson in January 2016 on a car wreck matter and she filed a lawsuit on Jan. 30, 2017. The case was set for trial in 2019 and 2020 and continued each time. Johnson filed a nonsuit of the case on Dec. 1, 2021. In June 2022, the clients discovered the nonsuit and terminated the representation. The court determined that these actions violated Rules of Professional Conduct 1.2, 1.3, 1.4, 3.2 and 8.4(d).

Posted by: Paul Burch on Jul 13, 2023

The Trial Court Vacancy Commission meeting in Columbia voted to send three individuals to Gov. Bill Lee for his consideration in filling a new position on the 22nd Judicial District Circuit Court. They are: Lee E. Brooks of Lewisburg, Julie C. Heffington of Columbia and P. Nicole Long of Lawrenceburg. The new position was created by the Tennessee General Assembly and will be effective on Sept. 1. The district covers Giles, Lawrence, Maury and Wayne counties.


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