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Posted by: Karen Belcher on Apr 26, 2023

Appellant appeals the decision of the probate court to name other parties as the conservators of her daughter on the basis that the trial court improperly placed time limitations on the presentation of proof at the final hearing. Because Appellant has failed to show any reversible error in the trial court’s decision, we affirm.

Posted by: Karen Belcher on Apr 26, 2023

The trial court clerk notified this Court that a final judgment has not been entered. This Court ordered the appellant to show cause why this appeal should not be dismissed. Appellant failed to respond to our show cause order. As no final judgment has been entered, this Court lacks jurisdiction to consider this appeal.

Posted by: Stacey Shrader Joslin on Apr 26, 2023

The state of Tennessee has received a payment of $163.9 million from the major tobacco companies that joined the Tobacco Master Settlement Agreement, Attorney General Jonathan Skrmetti announced today. The landmark settlement, finalized in 1998, resolved Tennessee’s lawsuit against the major tobacco companies for violations of consumer protection laws and deceptive marketing practices that caused damages to the state, including increased healthcare costs. To date, Tennessee has received $3.8 billion from the agreement. The new funds will be dispersed annually and will be used to help defray the cost of health care for smoking-related illnesses. The agreement also includes restrictions on companies marketing tobacco products to youth, selling tobacco-branded merchandise and sponsoring entertainment and sporting events. Read more on the attorney general's website.

Posted by: Stacey Shrader Joslin on Apr 26, 2023

A class action lawsuit has been filed against the American Bar Association (ABA) for an alleged failure to safeguard members' data that was exposed in a security breach. The suit alleges that the ABA knowingly violated its obligations to abide by best practices and industry standards, the ABA Journal reports. The association notified members on April 20 that a breach had exposed usernames and certain passwords used to access the old ABA website prior to 2018 and the ABA Career Center since 2018. The passwords affected are those utilizing a process that adds random characters to plain text and then converts them to cybertext in the ABA system. Plain text passwords were not exposed, the group said.

Posted by: Stacey Shrader Joslin on Apr 26, 2023

Candidates for Memphis mayor met this week for a debate, during which all said they support enforcement of a youth curfew, the Commercial Appeal reports. The curfew idea was first introduced as part of a proposed “Juvenile Crime Abatement Program” put forward by the Memphis Police Department. It would require stricter enforcement of a 1996 curfew ordinance impacting those age 16 and under. The overall plan has met with resistance for allegedly utilizing profiling and concerns about where juveniles would be held if picked up for violating curfew. Candidates also addressed the death of Tyre Nichols at the hands of Memphis police officers, the number of police needed in the city, and whether the culture that led to Nichols’ death is endemic in the police department.

Posted by: Stacey Shrader Joslin on Apr 26, 2023

U.S. Supreme Court Chief Justice John Roberts yesterday declined an invitation to appear before the Senate Judiciary Committee to talk about ethics issues, citing concerns about judicial independence and the division of power among the three branches of government. He did, however, submit a “Statement on Ethics Principles and Practices” to the committee, which explained how justices address ethical issues, SCOTUSblog reports. The committee chair had asked Roberts to testify about ethics rules and potential reform after news broke that Justice Clarence Thomas failed to disclose luxury travel. Yesterday, Politico reported that Justice Neil Gorsuch, soon after being appointed to the court, failed to disclose the purchaser of a Colorado property that he co-owned. It is now known that the buyer is chief executive of a law firm with business at the court.

Posted by: Stacey Shrader Joslin on Apr 26, 2023

The law school class of 2022 graduated into a strong entry-level hiring market, landing legal jobs at a higher rate than their predecessors in 2021 and 2019, according to new figures from the American Bar Association. Nearly 78% of last year's new lawyers found jobs that require bar passage within 10 months of leaving campus — up from about 76% among the class of 2021, Reuters reports. More recent data may suggest that growth is slowing. According to another report from Reuters, the legal services sector lost 600 jobs last month, marking the first monthly employment decline in the industry in six months.

Posted by: Paul Burch on Apr 26, 2023

The Commercial Appeal reported last week that the U.S. Centers for Disease Control and Prevention has sent a letter of intent to distribute $4 million in funds earmarked for HIV prevention and treatment services through the United Way of Greater Nashville. The amount is less than half of previous grants. The rare move bypassing the Tennessee Department of Health comes three months after the department said it would no longer accept and distribute federal funding for HIV prevention-related services. Tennessee's health commissioner told a state Senate committee that federal funding would be replaced with $9 million in state funding. It is estimated that the loss of federal funds could impact more than 20,000 residents in western Tennessee and Shelby County, one of the highest areas of HIV transmission rates in the country. Read more at the Tennessean.

Posted by: Jamie Rhode on Apr 26, 2023

The TBA Local Government Practice Section will host its annual forum on Friday, May 12 as a hybrid event from 11 a.m. - 4 p.m. EDT, with the in person option held in Knoxville at UT College of Law. Joe Jarrett will provide a session on the ethics of police in schools, and Nick McBride (Knox County Register of Deeds) will speak on sovereign citizens that file false documents with the Register of Deeds to steal property and identities. Other topics include Melissa Ashburn discussing annexation in Tennessee, and the annual legislative update with Elisha Hodge. Lunch is provided for all in-person registrants. Go here for full live virtual details.

Posted by: Jamie Rhode on Apr 26, 2023

Lawmakers passed legislation last week designating June 19 as an official state holiday, The Tennessean reports. Juneteenth recognizes the emancipation of enslaved people in America. It became a federal holiday in 2021, and Metro Nashville designated it as a paid holiday in 2022. With passage of this bill, state employees will now receive paid time off for the day. The bill now awaits Gov. Bill Lee's official signature. Lee earmarked about $700,000 in his budget last year to cover state employee paid time off for the holiday, but legislation failed to advance through the General Assembly in 2022.


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