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Posted by: Stacey Shrader Joslin on May 22, 2023

For more than a year, allegations that local police protected a well-known businessman accused in multiple sexual assaults — or incompetently bungled their investigation into allegations against him — have gripped Johnson City. Local advocates have taken to the streets demanding reform, a special U.S. attorney has filed a federal lawsuit, alleged victims have hired a California law firm, and city officials have secured an outside consultant to determine whether the police department’s actions “were inconsistent with acceptable practice of law enforcement.” Read more about the case from Tennessee Lookout.

Posted by: Stacey Shrader Joslin on May 22, 2023

Make plans now to attend the TBA’s 2023 Administrative Law Forum on Dec. 8 from 9 a.m. to 1 p.m. CST. Thanks to Jonathan Fly, administrative judge for the Tennessee Department of Human Services, for producing this program. Watch for program topics and speakers coming soon.

Posted by: Julia Wilburn on May 22, 2023

Friday's issue of TBA Today incorrectly stated Joanne Sowell's law school. She attended Tulane University School of Law. According to the Nashville Post, Sowell is preparing to launch her campaign to challenge current U.S. Senator Marsha Blackburn.

Posted by: Laura Labenberg on May 20, 2023

The Memphis Bar YLD Basketball League will be returning early this fall. For more information contact Malik Luckett at mluckett@lewisthomason.com or Geoffrey Morris at Geoffrey.Morris@butlersnow.com.

Posted by: Julia Wilburn on May 20, 2023

Former Tennessee Supreme Court Justice and current NSL Dean William Koch was honored by the Harry Phillips Chapter of the American Inns of Court last month. The organization voted to establish the Bill Koch-Harry Phillips American Inns of Court Scholarship. The award will be for a third-year law student in the top 20% of his or her class entering a fourth year of legal training at the Nashville School of Law. Author and former Tennessean reporter Keel Hunt penned this opinion piece on Koch’s contributions to the legal community.

Posted by: Barry Kolar on May 19, 2023

Friends, family and colleagues gathered in Greeneville Friday for the formal investiture ceremony for U.S. Magistrate Judge Cynthia Richardson Wyrick. Ceremonies at the James H. Quillen U.S. Courthouse featured remarks by former Tennessee Supreme Court Justice Gary Wade, former Court of Criminal Appeals Judge Norma McGee Ogle, Circuit Court Judge James L. Gass, Merit Selection Panel member Olen G. Haynes Sr. and Senior U.S. District Judge J. Ronnie Greer. U.S. District Judge Clifton L. Corker administered the oath of office and offered remarks. TBA President Tasha Blakney also offered comments and presented a gavel to Wyrick, who had served as a TBA president before going on the bench. Eight other former TBA presidents were also on hand to show their support — John Tarpley, Charles Swanson, Marcy Eason, Jackie Dixon, Jonathan Steen, Jason Long, Sarah Sheppeard and Michelle Greenway Sellers. See more photos from the event.

Posted by: Stacey Shrader Joslin on May 19, 2023

Save up to 55% on office supplies and cleaning supplies through the TBA's ODP Business benefit program! The TBA has partnered with this top national office supply company to offer discounted pricing for law firms large and small. Discounts apply to ink/toner, copy and print services, and more.

Posted by: Karen Belcher on May 19, 2023

SILER, Circuit Judge. Western & Southern Financial Group Flexible Benefits Plan (the “Plan”) and the Benefits Committee of the Plan (together referred to as “W&S”) appeal the district court’s 2019 remand order and 2022 judgment in favor of Western & Southern Financial Group’s former employee, Sherry Laake. While W&S asserts several challenges on appeal, the central issue throughout the course of this litigation is whether Laake qualifies for long-term disability (“LTD”) benefits extending beyond 24 months pursuant to the terms of the Plan—an employee welfare benefit plan as defined under the Employee Retirement Income Security Act of 1974 (“ERISA”). The district court determined that she does, and it imposed penalties against W&S and awarded Laake attorney’s fees and costs. We AFFIRM.

Posted by: Karen Belcher on May 19, 2023

SUTTON, Chief Judge. Sarah Hohenberg and Joseph Hanson did not maintain their homes or keep them up to code. Unhappy neighbors set the enforcement wheels in motion for actions in the Shelby County Environmental Court, proceedings that eventually cost them their homes and more. Hohenberg and Hanson sued Shelby County and the Environmental Court for violating their due process rights. The district court dismissed their case for lack of jurisdiction under 28 U.S.C. § 1257(a), see Rooker v. Fid. Trust Co., 263 U.S. 413 (1923); Dist. of Columbia Court of Appeals v. Feldman, 460 U.S. 462 (1983), and for failing to state a claim. We reverse the jurisdictional ruling, affirm the failure-to-state-a-claim ruling in part, and remand.

Posted by: Karen Belcher on May 19, 2023

KETHLEDGE, Circuit Judge. Under the Fair Labor Standards Act of 1938 (FLSA), plaintiffs may litigate federal minimum-wage and overtime claims on behalf of other “similarly situated” employees. 29 U.S.C. § 216(b). At issue here is the showing of similarity that is necessary for a district court to facilitate notice of an FLSA suit to employees who were not originally parties to the suit. District courts nationwide have had little guidance as to what that showing should be. We adopt a standard different than the one the district court adopted here, and remand for the district court to apply it.


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