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Posted by: Karen Belcher on Jun 8, 2023

This is a criminal contempt case. Appellant/Father appeals the trial court’s finding that he is guilty of four counts of criminal contempt for violating the trial court’s orders regarding medical treatment for the minor child. Discerning no error, we affirm.

Posted by: Karen Belcher on Jun 8, 2023

The primary issue presented is whether a criminal restitution order is a final and appealable order under Tennessee Rule of Appellate Procedure 3 when the order directs a defendant to pay a set amount of restitution without payment terms. A trial court ordered the defendant who had pleaded guilty to burglary and theft to pay $5,500 in restitution during his probationary period. The Court of Criminal Appeals dismissed the appeal, holding that the restitution order was not a final and appealable order because it lacked payment terms. We hold that the restitution order was a final order. Tennessee’s criminal restitution statute, Tennessee Code Annotated section 40-35-304, allows—but does not require—trial courts to specify payment terms. Here, the trial court’s restitution order resolved all issues, was reasonable, and appropriately considered the victim’s pecuniary loss and the defendant’s ability to pay.

Posted by: Paul Burch on Jun 8, 2023

Pre-Registration for next weeks's TBA Convention in Knoxville will close on Monday at 8 a.m. CDT. In-person registration will be accepted at the convention. Visit the TBA Convention site for more information.

Posted by: Paul Burch on Jun 8, 2023

The Legal Aid Society will host a free legal clinic for Davidson County residents on Saturday at McHugh Clinic, 2005 12th South Nashville 37204, from 9:30-11:30 a.m. CDT. The clinic will offer help on civil legal issues, such as Family Law, Consumer Law, Debt Collections, Power of Attorney, Employment Law, Health Law, Public Benefits, Housing, Probate/Estate, Wills, and Bankruptcy. For more information, visit the Legal Aid Society or call 800-238-1443.

Posted by: Paul Burch on Jun 8, 2023

U.S. law firm Barber Ranen has changed its name, the firm announced Wednesday, after the publication of racist, antisemitic, homophobic and violently misogynistic emails written by founding partners John Barber and Jeffrey Ranen, reported Reuters. The emails were written while they were employed by their previous firm, Lewis Brisbois Bisgaard & Smith. In May, Barber and Ranen led an exodus of 140 lawyers from their former firm. Barber and Ranen resigned from the new firm on Monday.

Posted by: Paul Burch on Jun 8, 2023

The Tennessee Bar Association recognizes members are always looking for ways to improve their financial standing. That’s why the TBA partnered with SoFi, a leader in financial education, student loans, and more. SoFi is hosting a webinar specifically for Tennessee Bar members to learn about their SoFi benefits. During the webinar, SoFi’s Kellie Barker will be covering topics such as: how to use the tools, resources, and products available at SoFi.com/TBA; options for managing your debt and how to receive an exclusive 0.250% rate discount if you’re looking to refinance your student loans; and updates on the current student loan landscape. Contact SoFi’s support team at 833-277-7634 or your-benefits@sofi.com to learn more.

Posted by: Paul Burch on Jun 8, 2023

The U.S. Supreme Court in a 9-0 decision authored by Justice Elena Kagan today ruled in favor of Jack Daniel's in a trademark dispute with a dog accessory company that sold a parody chew toy resembling the distiller's widely recognized black-label whiskey bottle, reported Reuters. The ruling threw out a lower court's opinion that the pun-laden "Bad Spaniels" vinyl chew toy sold by VIP Products LLC is an "expressive work" protected by the U.S. Constitution's First Amendment. Kagan wrote that the 9th Circuit erred in applying the Rogers trademark test allowing for artistic relevance, concluding that "it is not appropriate when the accused infringer has used a trademark to designate the source of its own goods.” Read our previous coverage in TBA Today.

Posted by: Jarod Word on Jun 8, 2023

The TBA Estate Planning Section will host its fourth annual Topgolf Estate Planning Tee-off on Sept. 8. This fun learning opportunity will feature the basics of uniform trust code, silent trusts, online estate planning, ethics and more. Breakfast, lunch and two hours of Topgolf are included with registration. Learn more about Topgolf using this link. Attendance is limited so register now before it’s too late!

When: Friday, Sept. 8, 9 a.m.–3 p.m. CDT
Where: Topgolf Nashville, 500 Cowan St.

REGISTER NOW

Posted by: Paul Burch on Jun 8, 2023

Tennessee Republican Rep. Diana Harshbarger and Mikie Sherrill, D-NJ, have introduced the Expanded Telehealth Access Act, a bipartisan bill that will make permanent Centers for Medicare and Medicaid Services waivers that allow for all Medicare-eligible healthcare providers to furnish telehealth services to patients, the Citizen Tribune reports. After the outbreak of the COVID-19 pandemic, the CMS waived requirements that specify the types of healthcare providers that are eligible to bill telehealth services to Medicare, with waivers expiring at the end of 2024 following an extension by Congress. The new legislation would expand the range of healthcare providers that may provide telehealth services to Medicare patients to include physical therapists, occupational therapists, speech language pathologists, and any additional provider participating in Medicare that furnishes a telehealth service.

Posted by: Paul Burch on Jun 8, 2023

Supreme Court justices Clarence Thomas and Samuel Alito have received an extension to file their mandatory annual financial disclosure, Reuters reports. Seven of the nine justices disclosed their outside income and gifts from 2022. Food and other "personal hospitality" such as lodging at an individual's residence is generally exempt from disclosure, although the Judicial Conference, the policymaking body for the broader federal judiciary, has tightened its regulations related to the exemption, including requiring transport by private jet to be disclosed.


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