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Posted by: Karen Belcher on May 12, 2023

This case involves enforcement of an arbitration award arising from a defaulted promissory note. The plaintiff brought suit against the defendant for breach of contract and enforcement of a promissory note. Ultimately, the parties participated in binding arbitration per the terms of their agreement. The plaintiff obtained an award in arbitration against the defendant. Thereafter, the plaintiff filed a motion in the trial court to confirm and enforce the arbitration award. The trial court granted the plaintiff’s motion, and the defendant now appeals. Having reviewed the record, we determine that the defendant has waived his argument on appeal and affirm the trial court’s order.

Posted by: Karen Belcher on May 12, 2023

In this interlocutory appeal, the employee asserts he is entitled to additional medical and temporary disability benefits. The employee fell at work and sustained a left clavicle fracture. The employer accepted the claim as compensable and provided authorized treatment for his condition, including surgery, physical therapy, and referrals to other specialists for evaluation of complaints of dizziness and back pain. After being placed at maximum medical improvement, the employee sought additional medical treatment on his own and requested that he be given a new authorized physician. Following an expedited hearing, the trial court concluded that the employee failed to identify a legal basis that would justify changing his authorized physician and that, as a result, he did not prove he is likely to prevail at trial on his claim for additional medical benefits. The employee has appealed. Having carefully reviewed the record, we affirm the trial court’s decision and remand the case.

Posted by: Stacey Shrader Joslin on May 12, 2023

The U.S. Sixth Circuit Court of Appeals this week struck down a Nashville ordinance that denied certain new building permits unless property owners installed a sidewalk or paid into a fund used to build sidewalks elsewhere. The court ruled that the policy was an unconstitutional taking. The court found that so-called legislative exactions are not regulatory takings and are subject to the same degree of constitutional scrutiny any time a government takes property that would ordinarily require compensation. How the ruling will impact those who already paid the fee is unclear. The Metro Law Department said it was “still digesting” the ruling. Read more in the Tennessean or access the opinion.

Posted by: Stacey Shrader Joslin on May 12, 2023

An American Bar Association committee voted today to allow law students to take up to half their classes online, an increase from the previous rule allowing students to take up to one-third of their classes remotely. The proposed change also eliminates the rule that students take no more than 10 credit hours of distance education classes during their first year of law school. The Council of the Section of Legal Education and Admissions to the Bar said the changes will allow law schools to bolster their online course offerings. Reuters has more on the story.

Posted by: Stacey Shrader Joslin on May 12, 2023

Two recent reports from Major, Lindsey & Africa delve into the priorities and perspectives of Millennial lawyers and Gen-Z lawyers and law students. In “Searching for Balance: Millennial Lawyers’ Perspectives on the Legal Industry,” the firm finds that these lawyers rate compensation and work/life balance as the most important factors in evaluating an employer. An overwhelming majority believe that law firm culture is biased against diverse and female attorneys, but 45% say they would like to make partner, up from 24% in 2021. In “Gen-Z: Now Influencing Today's Law Firm Culture,” the firm found that this group is moving away from large firms and traditional career paths. Among law school students who said they want to work at a firm, only 39% said they wanted to go to a large firm — a roughly 20% drop since 2020. Their experience with the COVID-19 pandemic has shaped their expectations around remote work, mental health initiatives and workplace flexibility, and they are motivated by meaningful work that aligns with their personal ethics.

Posted by: Stacey Shrader Joslin on May 12, 2023

Make plans now to join the TBA on June 23 from 9-10 a.m. CDT for a webcast with the “CLE Performer” Stuart Teicher. For this program on legal writing, Teicher will tackle the hardest part of the process: the organization phase. Using musical arrangements as a guide, Teicher will explain how to create a mind map and the benefits of outlining. “From Bach to Beyonce: What Musical Arrangements Teach About Legal Writing” will offer one hour of ethics credit.

Posted by: Stacey Shrader Joslin on May 12, 2023

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Posted by: Stacey Shrader Joslin on May 11, 2023

The Tennessee Supreme Court today upheld the conviction of Kemontea Dovon McKinney on first-degree murder and aggravated robbery charges, finding that his statements to detectives and waiver of Miranda rights were voluntary. The court also concluded that the evidence was sufficient to support the convictions. During his trial, McKinney unsuccessfully challenged the admission of statements made to detectives, arguing that he did not knowingly and voluntarily waive his Miranda rights. McKinney appealed to the Court of Criminal Appeals, which found that the trial court erred when it denied the motion to suppress. The appellate court found that an involuntary-confession claim is “inextricably linked” to a Miranda-waiver claim. It also found the evidence was insufficient to support the murder conviction. The Supreme Court reversed that decision finding that the voluntariness test is distinct from the Miranda test and that after separately applying both tests, the statements and the waiver were found to be voluntary.

Posted by: Stacey Shrader Joslin on May 11, 2023

Remote access to U.S. civil and bankruptcy court hearings will end in September, the federal judiciary announced yesterday. The courts said the move was being taken because the COVID-19 pandemic no longer affects how they function, according to Reuters. A committee has been collecting data during the pandemic to study whether broadcasts of civil and bankruptcy proceedings should be continued. The courts said the panel might share its findings at the next Judicial Conference set for Sept. 12.

Posted by: Stacey Shrader Joslin on May 11, 2023

Steven Bebb, a former Bradley County Criminal Court judge, who later served as 10th Judicial district attorney, died April 29 at 82. A graduate of Tennessee Military Institute and Middle Tennessee State University, Bebb joined the Peace Corps and lived in West Cameroon, Africa, before returning to Knoxville to teach and enter law school. He received his law degree from the University of Tennessee College of Law in 1974. After starting his law career with Hodges, Doughty & Carson, Bebb later joined the 10th Judicial District Attorney's office. In 1982, he was elected criminal court judge and served in that capacity until 2005. After retiring from the bench, he was elected district attorney for the 10th district and served there until fully retiring in 2014. Per Bebb’s wishes, no funeral service will be held.


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