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Posted by: Tanja Trezise on May 30, 2023

In the second interlocutory appeal in this case, the employee contends the trial court erred in granting summary judgment to the Tennessee Subsequent Injury and Vocational Recovery Fund, dismissing her request for expedited hearing, and denying her motion for a continuance. The employee alleged multiple injuries due to a fall in her employer’s bathroom. Previously, the employee appealed the entry of a scheduling order, which we affirmed. On remand, the trial court issued a new scheduling order that, among other things, set an expedited hearing and a hearing on a Motion for Summary Judgment that had been filed by the Subsequent Injury and Vocational Recovery Fund to be heard on the same day. The employee failed to attend the hearing, although she was reportedly present in the building. She requested a continuance in writing, which the court denied. The court then granted the motion for summary judgment as well as the employer’s oral motion to dismiss the request for expedited hearing, and it denied the employer’s motion to dismiss the case entirely. The employee has appealed. Having carefully reviewed the record, we affirm the trial court’s decision, find the appeal to be frivolous, and remand the case.

Posted by: Tanja Trezise on May 30, 2023
Week of May 22, 2023 - May 26, 2023
Posted by: Paul Burch on May 30, 2023

A new bipartisan immigration bill introduced last week by Reps. María Elvira Salazar, R-Florida, and Veronica Escobar, D-Texas, has prompted mixed reactions from lawmakers following an unorthodox rollout that caught many by surprise. The legislation package includes resources for increasing border security in addition to creating a 12-year pathway to citizenship. The bill would require the hiring of additional U.S. Customs and Border Protection personnel and for the Department of Homeland Security to resume construction of barriers along the U.S.-Mexico border. Read more about the bill from The Hill.

Posted by: Paul Burch on May 30, 2023

Congressional Democrats are pursuing legislation to bar "judge shopping," where lawsuits are filed in small courts to increase their chances of being assigned to sympathetic judges, reported Reuters. The lawmakers sponsoring the bill said it was spurred by a recent ruling from U.S. District Judge Matthew Kacsmaryk in Amarillo, Texas, limiting access to the abortion pill mifepristone nationwide. The new bill, introduced in the House by Rep. Deborah Ross, D-North Carolina, would require federal district courts to ensure that no judge has a greater than 25% chance of being assigned a civil case. Courts could designate judges from adjacent districts in the same state to serve in districts with fewer than four judges.

Posted by: Paul Burch on May 30, 2023

The U.S. Supreme Court on Tuesday declined to hear a bid by child pornography victims to overcome a legal shield in a case involving a class action lawsuit accusing Reddit Inc. of violating federal law by failing to rid the discussion website of this illegal content, reported Reuters. The justices turned away the appeal of a lower court's decision to dismiss the lawsuit on the grounds that Reddit was shielded by U.S. statute Section 230, which safeguards internet companies from lawsuits for content posted by users but has an exception for claims involving child sex trafficking.

Posted by: Paul Burch on May 30, 2023

The U.S. Supreme Court on Tuesday declined to hear Avery Dennison's appeal of a lower court's decision upholding a patent involving tracking tags that was the subject of a $62.4 million infringement award won by ADASA Inc., reported Reuters. The case would have provided the court an opportunity to clarify a standard established in 2014 that requires a two-part test to determine if an invention involves an unpatentable abstract idea, natural phenomenon or law of nature and whether it includes an inventive concept. Critics say the standard created confusion about what inventions can be legally protected. President Joe Biden's administration had encouraged the Supreme Court to hear that case.

Posted by: Paul Burch on May 30, 2023

Memphis Area Legal Services (MALS) will hold three legal clinics in June. The “Attorney of the Day Clinic” will take place June 1 and June 15 from 1-3 p.m. CDT at the Shelby County Courthouse, 140 Adams Ave., Room 134, Memphis 38103. The monthly clinic at the Benjamin Hooks Library will take place June 10 beginning at 10 a.m. The library is located at 3030 Poplar Ave., Memphis 38111. For both clinics, clients will be served on a first come, first served basis. For questions or to volunteer contact Heather Staggs or Walter Casey.

Posted by: Paul Burch on May 30, 2023

The Memphis Lawyers Chapter of the Federalist Society will present the 2023 Tennessee Legislative Update at a virtual event Thursday, June 1 from noon - 1 p.m. CDT with special guest Sen. John D. Stevens (R-Huntington). Visit the website to register.

Posted by: Paul Burch on May 30, 2023

The Tennessee State Library & Archives will host a series of free events on Thursday and Saturday in celebration of Tennessee’s statehood. The events include a presentation of historical documents including the Cumberland Compact, Gov. John Sevier’s address to the first Tennessee General Assembly, the Cherokee Nation 1827 Constitution and the founding documents of the State of Franklin. Read more about the Tennessee State Museum’s full schedule of Statehood Day activities.

Posted by: Stacey Shrader Joslin on May 30, 2023

This year's Real Estate Essentials course will be held virtually on June 22. The program will run from 1 to 4:15 p.m. CDT. Thanks to attorney and senior underwriting counsel Joseph Kirkland Jr. at Executive Title and Closing Inc. in Memphis for producing this program. Watch for more details coming soon.


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