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Posted by: Azya Thornton on Dec 13, 2024

The Petitioners seek accelerated interlocutory review of an order denying their motion to recuse. However, because the Petitioners’ filings fail to comply with Tennessee Supreme Court Rule 10B, we dismiss the appeal.

Posted by: Azya Thornton on Dec 13, 2024

This is an action for violation of the Tennessee Human Rights Act, Tenn. Code Ann. §§ 4- 21-101 to -1004 (“THRA”). The plaintiff, an associate professor at a state university, applied for promotion to the rank of full professor. While his application was under review, the plaintiff filed an age discrimination charge against the university with the Equal Employment Opportunity Commission (“EEOC”). A short time later, the university denied the plaintiff’s promotion based on his alleged lack of high-quality scholarship. The trial court dismissed the action at the summary judgment stage, reasoning that the plaintiff had not produced evidence to rebut the university’s stated reason for denying his promotion. This appeal followed. The plaintiff contends that the trial court erred because there was evidence that the university’s administration knowingly violated university policy by reevaluating the merits of the plaintiff’s peer-reviewed scholarship. We affirm the trial court’s judgment in all respects.

Posted by: Azya Thornton on Dec 13, 2024

Appellant appeals the denial of its motion to quash a notice of lien lis pendens. Because the trial court improvidently certified its order as final under Rule 54.02 of the Tennessee Rules of Civil Procedure, we dismiss this appeal for lack of subject matter jurisdiction.

Posted by: Azya Thornton on Dec 13, 2024

In this post-divorce action, the trial court partially granted the husband’s petition to modify or terminate spousal support, reducing the husband’s monthly alimony in futuro obligation to the wife from $1,750.00 to $1,500.00 upon finding that the husband’s retirement constituted a substantial and material change in circumstance warranting the reduction. The husband has appealed, arguing that the court erred by declining to terminate or further reduce his support obligation. Discerning no reversible error, we affirm.

Posted by: Liz Slagle Todaro on Dec 13, 2024

This week's installment of TBA's Indigent Representation Primer is now available. The new post provides information about counsel appointed for minors facing criminal charges. In Tennessee, juveniles charged with delinquency are guaranteed a right to counsel, and if they cannot afford to hire an attorney, the court will appoint a public defender or private attorney. Tennessee law mandates that juveniles must be provided with counsel in cases where the child faces the possibility of incarceration or other serious consequences. Juvenile delinquency cases present a unique set of challenges in the legal system and the role of appointed counsel is critical to ensuring fair treatment for youth in the justice system. Attorneys appointed to represent a juvenile charged with a crime in Tennessee play an essential role in providing legal defense, ensuring the juvenile’s rights are protected, advocating for rehabilitation and working toward a favorable outcome for the child. This is the sixth installment in the series. Read past primer posts.

Posted by: Stacey Shrader Joslin on Dec 13, 2024

The Washington County Long Term Recovery Group — a community-led group working to assist those impacted by Hurricane Helene — is putting together an advocacy committee of volunteer attorneys to be a resource to case managers working with affected individuals. As case managers identify legal issues, they will refer those to the advocacy committee. Practioners in a range of fields are invited to participate. For more information or to join the effort contact Melissa Reading, 423-794-4009. The Washington County Bar Association announced the new group in an email today.

Posted by: Stacey Shrader Joslin on Dec 13, 2024

The Memphis Bar Association recently held its annual meeting. Lauran Stimac with Glassman, Wyatt, Tuttle and Cox took over as president of the association from Adam Johnson with Nahon, Saharovich & Trotz. Seven new board members also were announced. In addition, five individuals were recognized with the association’s annual awards. Walter Bailey received the Judge Jerome Turner Lawyer’s Lawyer Award, which recognizes a Memphis attorney who has practiced law for more than 15 years and embodies professionalism, civility and courtesy; Lee Whitwell received the Sam A. Myar Jr. Memorial Award, which honors an attorney under 40 years old who has shown dedication and commitment to their practice and the legal community; Haavi Morreim received the W.J. Michael Cody Access to Justice Award; and Justin Joy and Memphis City Councilwoman Janika White received President’s Awards. Read more about Stimac or see a recap of the award recipients in the MBA Facebook post.

Posted by: Azya Thornton on Dec 13, 2024

The TBA will host “The Rookie Series: Probate” webcast on Jan. 22, 2025, from noon to 1 p.m. CST. The panel will explore common ethical challenges faced by lawyers in probate practice, particularly when the interests of a legal subject — whether disabled, deceased, a minor or a beneficiary — conflict with those of the fiduciary. The discussion will provide insights on how attorneys can best navigate these ethical dilemmas. For more information on the upcoming webcast and to register, visit the TBA website. Past installments of the Rookie Series, produced by the TBA Young Lawyers Division, are available on demand.

Posted by: Azya Thornton on Dec 13, 2024

U.S. senators are urging colleagues in the House of Representatives to pass bipartisan legislation aimed at boosting privacy and safety for children online before the holiday break. U.S. Sens. Richard Blumenthal, D-Connecticut, and Marsha Blackburn, R-Tennessee, have spent years working on the "Kids Online Safety Act," which seeks to provide children and parents with better tools to protect themselves online and hold tech companies accountable for harm. The bill passed the Senate earlier this year with a 91-3 vote but has stalled in the House. Tennessee Attorney General Jonathan Skrmetti, along with a group of 31 state attorneys general, urged congressional members in a November letter to pass the legislation. According to WKRN News, House Speaker Mike Johnson, R-Louisiana, has not allowed a vote on the bill, citing concerns it could lead to censorship of conservative views. Blackburn, however, argues the legislation focuses on product design, not content. "Every product that is sold in this country has some kind of safety design attached, except what you're seeing in the virtual space," she said.

Posted by: Azya Thornton on Dec 13, 2024

County music artist Morgan Wallen pleaded guilty to two counts of misdemeanor reckless endangerment Thursday stemming from an April incident in which he threw a chair off the roof of Eric Church’s Lower Broadway bar. According to NBC News, the deal calls for Wallen to spend seven days at a “DUI education center” followed by two years of probation. In related news, Wallen's bar is set to be a topic of discussion at next week’s Nashville Metro Council meeting, according to the Nashville Banner newsletter (see the third story). The council again will consider whether to approve a large sign planned for Wallen’s Lower Broadway establishment. The council rejected a resolution on the sign in May, with members highlighting Wallen’s recent arrest for the chair incident, as well as the time he was caught on camera shouting racial slurs.


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