Petitioner, Benjamin Scott Brewer, appeals as of right from the Hamilton County Criminal Court’s denial of his petition for post-conviction relief, wherein he challenged his convictions for six counts of vehicular homicide by intoxication, four counts of reckless aggravated assault, driving under the influence, violation of motor carrier regulations, and speeding. Petitioner contends that he was denied the effective assistance of counsel based upon counsel’s failure to object to witnesses’ descriptions of the crash scene as unfairly prejudicial under Tennessee Rule of Evidence 403. Upon review, we affirm the judgment of the post-conviction court.

Plaintiff, Defendant’s former employee, filed suit under the Fair Labor Standards Act alleging that he had suffered a loss of overtime wages. The trial court entered a judgment denying Plaintiff any recovery. For the reasons stated herein, we conclude that the trial court’s findings are insufficient. Although under the specific circumstances presented here we would generally remand the case to allow the trial court an opportunity to more clearly state its findings, as well as offer specific findings and conclusions in reference to the appropriate legal standards, the judge who tried this case is no longer on the bench. Accordingly, we are compelled to vacate the judgment and remand for a new trial on the question of whether Defendant improperly denied Plaintiff overtime pay.

The July 21 Elder Law Forum will provide the information you need to remain at the forefront of the practice area. This year’s event features a session on the TennCare redetermination process, which was suspended for three years following the recent pandemic. TennCare has begun “unwinding” the pause, meaning the agency will be reviewing tens of thousands of individuals each month to see if they can keep their coverage. Join elder law expert and Tennessee Justice Center (TJC) COO Rob Watkins who will provide tips to get through the process, and pitfalls TJC has observed. Other topics featured at the forum include a probate judges panel, ethics, tax considerations and how to get your client on TennCare. Learn more and register here.

This appeal concerns a complaint for health care liability. Although Tennessee Code Annotated section 29-26-121(c) provides for an extension of the applicable statutes of limitations in health care liability actions when pre-suit notice is given, it also specifies that “[i]n no event shall this section operate to shorten or otherwise extend the statutes of limitations or repose applicable to any action asserting a claim for health care liability, nor shall more than one (1) extension be applicable to any [health care] provider.” After a prior lawsuit was voluntarily dismissed without prejudice, Plaintiff provided new pre-suit notice and refiled in reliance on the Tennessee saving statute and an extension under Tennessee Code Annotated section 29-26-121(c). The trial court dismissed the refiled complaint with prejudice, however, holding, among other things, that Plaintiff could not utilize the statutory extension in his refiled action because he had already utilized a statutory extension in the first lawsuit. For the reasons discussed herein, we affirm the trial court’s dismissal of Plaintiff’s lawsuit.

A Board of Professional Responsibility hearing panel found that a Shelby County attorney’s law license should be suspended for four years based on multiple violations of the Rules of Professional Conduct (RPCs), including RPC 5.5(a). The attorney appealed part of the hearing panel’s decision, and the trial court affirmed in part, reversed in part, and modified the sanction to one year. The Board appeals the trial court’s decision that the attorney did not violate RPC 5.5(a) by practicing law while his license was suspended. We find that the attorney violated RPC 5.5(a) by continuing to manage and market his law practice; by directly or indirectly communicating with office staff, attorneys, and former clients; and by recruiting and hiring attorneys while his law license was suspended. The hearing panel’s decision that the attorney violated RPC 5.5(a) is supported by substantial and material evidence. We hold that the attorney’s law license shall be suspended for two years, with eighteen months served on active suspension. This sanction is based on the RPC 5.5(a) violation, as well as the hearing panel’s findings that he violated additional RPCs, which he did not appeal, the American Bar Association’s Standards for Imposing Lawyer Sanctions (ABA Standards), five aggravating factors, and no mitigating factors. The attorney shall also make appropriate restitution, obtain additional continuing education as ordered by the trial court, and engage a practice monitor during his probated suspension.

Comedian Sarah Silverman and authors Christopher Golden and Richard Kadrey today sued OpenAI Inc. and Meta Platforms Inc. for copyright infringement claiming OpenAI’s artificial intelligence generators used their copyrighted works as training material. According to BloombergLaw, the authors seek a permanent injunction, damages and profits. OpenAI and other generative AI companies have faced a number of intellectual property lawsuits as well as increased scrutiny from Congress and government regulators.

AgeWell Middle Tennessee — a 501c3 nonprofit serving older adults and their families — has launched an initiative called Eldercare Coach to improve support and care navigation assistance for caregivers. Eldercare Coach offers trusted information, expert guidance and emotional support for caregivers through three core components:

1. Pre-scheduled phone consultations with a geriatric care professional/LMSW offering personalized guidance on care options and next steps and providing resources.
2. An online portal with easy to navigate decision support tools, educational videos and links to helpful resources, plus the option to schedule a phone consultation with its eldercare coach.
3. Customized educational programs (on-site or online) to meet the needs of caregiving employees and/or clients.

AgeWell welcomes the opportunity to connect and discuss how Eldercare Coach can help you. For more information, contact Marcia Richardson or Grace Smith.

The Federal Public Defender's Office for the Middle District of Tennessee is now accepting applications for the district's Criminal Justice Act Panel. Members of the panel are private practice attorneys who are appointed to represent individuals accused of violating federal law and are unable to afford private counsel. Applicants for the panel must be members in good standing with the federal bar of the district and the Sixth Circuit Court of Appeals. Attorneys who lack experience may apply to participate in the CJA Fellows mentoring and training program. Applications for either program may be obtained from and returned to Panel Administrator Ann Card, Office of the Federal Public Defender, 810 Broadway, Ste. 200, Nashville, TN 37203, by emailing Card or by calling 615-695-6904. Completed applications must be received by Aug. 7.

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