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Posted by: Stacey Shrader Joslin on May 24, 2023

Speaking at a dinner last night in Washington, D.C., U.S. Supreme Court Chief Justice John Roberts said there is more the court can do to “adhere to the highest standards” of ethical conduct and that the justices “are continuing to look at the things we can do to give practical effect to that commitment.” He also said he is “confident there are ways to do that consistent with our status as an independent branch of government and the Constitution’s separation of powers.” Roberts provided no specifics though, the Associated Press reports. Roberts was attending the American Law Institute's annual dinner, where he received the Henry J. Friendly Medal.

Posted by: Stacey Shrader Joslin on May 24, 2023

The Nashville office of Lieff Cabraser Heimann & Bernstein hosted a reception earlier this month for women trial lawyers from across the country who were in town for the “A Class Of Our Own” conference. The conference was produced by Epiq and sponsored, in part, by the firm. Topics included eDiscovery, mass torts, consumer actions and other complex litigation matters. The reception was held at the firm’s downtown Nashville office. See photos from the Nashville Post.

Posted by: Stacey Shrader Joslin on May 24, 2023

The Sixth Circuit U.S. Court of Appeals has become the second court to reject a lenient standard that federal judges generally use to determine whether to certify wage-and-hour collective actions under the Fair Labor Standards Act (FLSA). Bloomberg Law reports that the court “in a splintered decision” set precedent by establishing a new, higher evidentiary standard that workers must meet when seeking to resolve their claims as a group rather than individually in FLSA actions.

Posted by: Stacey Shrader Joslin on May 24, 2023

A federal judge in Memphis on Friday continued to temporary block release of more video footage and records in the investigation into Tyre Nichols’ death, though he did show willingness to make information public so long as it does not interfere with the trials for five police officers facing charges. The Associated Press reports that Shelby County Criminal Court Judge James Jones Jr. directed prosecutors to outline the information they think should and should not be released and then give the list to defense attorneys. At issue is additional video footage and about 2,500 pages of documents.

Posted by: Karen Belcher on May 24, 2023

This appeal involves the interpretation of a provision in a marital dissolution agreement obligating the father to pay for his son’s “college tuition, expenses, room and board.” The mother filed a petition for contempt and for breach of contract, seeking a judgment for over $15,000 in expenses that the father refused to pay, as he believed that they were not covered by the language of the MDA. The father filed a motion for declaratory judgment, seeking a declaration of his obligations. He asked the trial court to interpret the language of the MDA and also declare that he had fulfilled his obligations under the MDA in light of his son’s struggles in college thus far. After a two-day evidentiary hearing, the trial court entered a series of orders interpreting the language of the MDA and defining the categories of expenses that the father was obligated to pay. However, none of the trial court’s orders mention or resolve his request for termination of his obligation. As a result, we vacate the trial court’s orders and remand for the trial court to enter an order containing sufficient findings of fact and conclusions of law regarding this issue pursuant to Tennessee Rule of Civil Procedure 52.01.

Posted by: Stacey Shrader Joslin on May 24, 2023

Elk Valley Times writers Lora Scripps and Wanda Southerland will receive the Fourth Estate Award during the Tennessee Bar Association’s annual convention in Knoxville. The award will be presented at the Lawyers Luncheon on June 16. Scripps, the paper's general manager and editor, and Southerland, one of its reporters, are being recognized for six months of reporting on the Lincoln County mayor’s decision to exclude Jack Daniels from certain planning and zoning requirements, including site plans, permitting and fees. The move comes as local residents express concern about “whiskey fungus” created by unregulated barrel houses. The Fourth Estate Award was established to recognize and encourage journalists who promote public understanding of the rule of law and improvements in our system of justice through their vigorous exercise of their First Amendment rights. Read TBA’s full release on the award.

Posted by: Karen Belcher on May 24, 2023

McKEAGUE, Circuit Judge. Petitioner-Appellant Yndalecio Gaona challenges the district court’s denial of his 28 U.S.C. § 2254 habeas petition, arguing that the state court that convicted him of various criminal charges improperly enhanced his sentence based upon a previous uncounseled state misdemeanor conviction. He argues that because it was uncounseled, the conviction—which resulted in a sentence of time served—was unconstitutional under the Sixth Amendment, and thus it was unconstitutional for the state court to use the conviction to enhance his sentence. Because the law on this point is not clearly established, we affirm the district court’s denial of Gaona’s petition.

Posted by: Karen Belcher on May 24, 2023

LARSEN, Circuit Judge. Daniel Ayres brought an administrative action complaining that his former employer, Weatherford U.S., L.P., had retaliated against him for engaging in protected behavior under the Surface Transportation Assistance Act (STAA). An administrative law judge (ALJ) in the Department of Labor found for Ayres and awarded him backpay, compensatory and punitive damages, and attorneys’ fees. Ayres passed away in the middle of the ALJ proceedings. The Administrative Review Board (Board) affirmed the ALJ’s awards, except for punitive damages. The Board concluded that the punitive damages claim had abated upon Ayres’s death. Ayres’s estate petitions for review of the reversal of punitive damages. Weatherford petitions for review of the Board’s ruling that it violated the STAA and the accompanying damages and fees. For the reasons that follow, we DENY both petitions.

Posted by: Stacey Shrader Joslin on May 24, 2023

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.

Posted by: Karen Belcher on May 24, 2023

In this termination of parental rights case, Appellant/Father appeals the trial court’s termination of his parental rights to the minor child on the grounds of abandonment by failure to visit and failure to support. Father also appeals the trial court’s determination that termination of his parental rights is in the child’s best interest. Discerning no reversible error, we affirm.


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