The Tennessee Supreme Court announced Tuesday that the trial court had appropriately declined to require a defendant physician to opine on the defendant nurse-midwife’s performance outside of the physician’s presence. In 2014, a child was born via cesarean section and suffered permanent brain damage. Through her mother, Brittany Borngne, the child sued the doctor who delivered her and the certified nurse midwife who was initially in charge of the birthing process. The doctor, in a pre-trial deposition, refused to opine on the nurse midwife’s performance outside of his presence, and the trial court declined to require him to do so. Read the full decision.

This year, the TBA Convention will offer two blocks of concurrent CLE programs. On June 15 from 2-3:30 p.m. EDT, attendees will choose between "Mediator Ethics: Where Do We Draw the Line?" with retired Tennessee Supreme Court Justice Janice Holder and Nashville lawyer Gail Ashworth, and "Top 10 Employment Law Updates All Tennessee Lawyers Should Know About" with Casey Duhart of Acadia Healthcare Inc. and Jeb Gerth of Epstein Becker & Green. Then from 4-5:30 p.m., TBA will offer "Embracing ChaptGPT for Lawyers" and "Policing in America" with the Tennessee Alliance of Black Lawyers (TABL). Visit the TBA Convention page for more details on these and other CLE programs.

Soliciting clients can be an ethical minefield. It's so tough to navigate that the ABA issued a new opinion on the subject. On Friday, June 23, from 10:15-11:15 a.m. CDT join the CLE performer Stuart Teicher as he explains the rule on solicitation and also talks about the weird "hybrid" situation that arises when a lawyer talks to a potential client. Get more information and register here.

The U.S. Supreme Court in a 9-0 decision announced today agreed to reverse a lower court's decision that had prevented an Idaho couple from building a home on property the Environmental Protection Agency (EPA) had deemed protected under the Clean Water Act of 1972, Reuters reports. The court held the law covers only wetlands “with a continuous surface connection” to those waters, wrote Justice Samuel A. Alito Jr. for five justices. Justice Brett M. Kavanaugh, in a concurring opinion with the court’s more liberal justices, said the decision would harm the EPA’s ability to combat pollution. The Clean Water Act bars discharging pollutants into the "waters of the United States," which regulators have said covers navigable waters as well as adjacent wetlands like swamps and marshes. Both courts and regulators have issued conflicting rulings on how much of a connection to a waterway is legal to allow for a building permit.

Attorneys in film are constantly violating the ethics rules. Of course, the public probably doesn't realize it, but lawyers need to make sure that they don't repeat these sometimes ridiculous gaffes. Join the CLE performer Stuart Teicher on Friday, June 23, from 11:30 a.m.-12:30 p.m. CDT as he explains the sometimes obvious and sometimes subtle ethics violations committed by lawyers in movies and on television. Register or get more information here.

"It's all about putting things in the right order. It's about different pieces interacting in a way that makes sense." No, Stuart Teicher is not talking about a symphony or your favorite pop song, he's talking about legal writing. On Friday, June 23, from 9-10 a.m. CDT, Teicher will tackle the hardest part of legal writing — the organization phase. He'll talk about how to create a mind map and get into details about outlining. In the end, attendees will learn how to put together a legal writing that will make others sing their praises. Get more information and register here.

Nashville Chancellor I'Ashea Myles ruled yesterday that Covenant School, Covenant Presbyterian Church and a group of Covenant parents may intervene in lawsuits filed against Metro Nashville seeking records related to the shooting at Covenant School in March. Myles also ruled the parents may continue pseudonymously in the case to protect the identities of their children. The school and church had requested the intervention to prevent release of sensitive security information or inspiring "copy-cat perpetrators," reports the Tennessean. Their attorneys also argued the release of the records could further traumatize the school’s children.

Two University of Tennessee College of Law professors received honors last month from the school for accomplishments in academic work. Professor Wendy Bach received the Jefferson Prize, which is awarded annually to a tenured or tenure-track faculty member who has demonstrated excellence in research and creative activity. Bach focuses her work on clinical legal education and poverty law. Associate Professor Joy Radice received the Excellence in Academic Outreach Award, which honors those who exemplify the school’s mission by using intellectual capital to benefit the citizens of Tennessee. Her focus is on the intersection of criminal law and the administrative state, and the gap in access to civil counsel.

The Chattanooga Bar Association held its annual Law Day event last week. Belmont University College of Law Dean Alberto R. Gonzales gave the keynote address. Gonzales previously served on the Texas Supreme Court, as White House as counsel to the president and as U.S. attorney general. The group also presented its 2023 Liberty Bell Award to Allen Branum, a former sheriff of Hamilton County. He previously served as an officer and then chief of police with the Soddy-Daisy Police, as a member of the Soddy-Daisy Board of Commissioners and as mayor of the city. He was honored for his long service to the community. See a photo from the event.

The Tennessee Supreme Court today held oral arguments in two cases before the American Legion Boys State at Tennessee Technological University. The event was part of the court’s award-winning SCALES program, which is designed to educate students about the judicial branch of government. Read about the cases or watch the arguments on the court’s YouTube page.