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Posted by: Chelsea Bennett on Oct 25, 2024

Tennessee veterans are underrepresented through the VA Claims and Appeals process. The "General Introduction to the Practice of Veterans Law" CLE program intends to expand the group of legal advocates dedicated to serving veterans. This live virtual 3-hour program will cover information about representation before the VA, claims procedures, basic eligibility for VA benefits, right to appeal, disability compensation dependency and indemnity compensation, and pension. The virtual program will be held on Oct. 30 from 9 a.m. to 12:30 p.m. CT.

In order for lawyers to represent veterans with claims for benefits before the Department of Veterans Affairs, lawyers must be accredited by the VA. The only requirement for initial accreditation is the filing of Form 21a and subsequent approval; however, within a year of initial accreditation, attorneys must complete a 3-credit-hour CLE requirement. You must be accredited by the VA prior to attending this training in order to use this training to satisfy the VA’s CLE requirement for accredited attorneys. For more information and to register, visit TBA's website.

Posted by: Stacey Shrader Joslin on Oct 25, 2024

The Community Legal Center (CLC) will hold a 30th anniversary celebration on Nov. 8 at the Crosstown Theater, 1350 Concourse Ave., Memphis 38104. The event, which will run from 7-9 p.m. CST, will feature a celebration of the CLC’s work, music from the Stax Alumni band, international food from local restaurants and more. Tickets may be purchased online. Contact Austin Brown, 901-402-0509 with questions.

Posted by: Stacey Shrader Joslin on Oct 25, 2024

Legal Aid of East Tennessee (LAET) will hold two intake/interview sessions next week for prospective clients. On Monday, the group will be at the Marion County Justice Center in Jasper from 11 a.m. to 1 p.m. CDT. On Tuesday, it will be at the Sequatchie County Chancery (Old) Courthouse in Dunlap from 11 a.m. to 1 p.m. CDT. For more information, call the LAET office in Chattanooga at 423-756-4013.

Posted by: Stacey Shrader Joslin on Oct 25, 2024

The Knox County Juvenile Court will hold its annual Chili Cook-Off Luncheon & Basket Auction on Nov. 8. All proceeds will benefit the Volunteer Advisory Board and assist with hosting the Annual Foster Care Appreciation Dinner for foster care parents and meeting emergency needs of children in foster care. Learn more about participating in the chili cook-off. Baskets for the auctions also are needed. For more information or for questions contact Morgan Akins, 865-215-6475.

Posted by: Azya Thornton on Oct 25, 2024

Legal Aid Society of Middle Tennessee, Belmont Law, TBA YLD, the Davidson County Criminal Clerk’s Office and Tennessee Justice Center are partnering for two expungement clinics on Nov. 9 from 10 a.m. to 1 p.m. CST. One will take place at Belmont Law while the other will take place at the Tennessee Justice Center. The clinics are part of the Capitol City Pro Bono challenge. Volunteers are needed at both locations. Sign up using this form. Contact squintero@las.org or ginny.blake@belmont.edu with questions.

Posted by: Azya Thornton on Oct 24, 2024

NALBANDIAN, Circuit Judge. Multiple times, Michael Walden applied for a manufacturing job with General Electric (GE). Multiple times, he failed required tests. When he didn’t get the job, he sued GE for age discrimination. Walden also sued his union, alleging unfair representation in his challenges to the company’s hiring decisions. GE and the union both point to the failed tests to explain their dealings with him. The district court granted summary judgment for GE and the union. We affirm.

Posted by: Azya Thornton on Oct 24, 2024

This appeal arises out of a contract dispute between Lakeway Real Estate2, LLC f/k/a Lakeway Real Estate, LLC (“Lakeway”), and ERA Franchise Systems, LLC f/k/a ERA Franchise Systems, Inc. (“ERA”). Lakeway filed a complaint in the Chancery Court for Jefferson County (the “trial court”) seeking declaratory relief and a ruling that a noncompete provision within a Franchise Agreement (the “Agreement”) is unenforceable as a matter of law. ERA moved to dismiss the complaint, arguing the Venue and Jurisdiction clause (the “Clause”) of the Agreement makes the trial court an improper venue. The trial court granted ERA’s motion to dismiss. Because the Clause, when read in context with no disproportionate emphasis on one portion, provides permissive, but not mandatory, jurisdiction and venue in New Jersey, we reverse.

Posted by: Azya Thornton on Oct 24, 2024

Lonnie Elmore (“Decedent”) died on July 5, 2020, a few weeks after being treated by Travis Mills, CRNA, (“Mills”) an employee of Lakeway Regional Anesthesia Services, PLLC (“Lakeway”) (collectively “Defendants”) and Angelo J. Sorce, M.D., (“Sorce”), an employee of Tennessee Valley Orthopaedics, LLC (“TVO”).1 On July 2, 2021, Robert Elmore, as Executor of the Estate of Lonnie Elmore, (“Plaintiff”) sent pre-suit notice to Defendants. Relying on the 120-day extension provided for by Tenn. Code Ann. § 29- 26-121(c), Plaintiff filed his complaint alleging wrongful death on November 1, 2021, in the Circuit Court for Jefferson County (“the Trial Court”). Defendants filed a motion to dismiss, pursuant to Tennessee Rule of Civil Procedure 12.02(6), claiming that the accrual of Plaintiff’s cause of action arose no later than June 21, 2020, and Plaintiff, accordingly, provided pre-suit notice past the one-year statute of limitations, rendering his complaint untimely. The Trial Court denied Defendants’ motion to dismiss. This interlocutory appeal, pursuant to Tennessee Rule of Appellate Procedure 9, followed. Discerning no reversible error, we affirm.

Posted by: Azya Thornton on Oct 24, 2024

In this divorce, the husband claims the trial court erred in its classification of certain separate property and valuation of certain marital property. The trial court found that the equity held in the marital home attributable to the sale of property owned by the wife prior to the marriage had been transmuted into marital property, but then treated that property as separate despite its initial finding due to what it believed the wife’s intent would have been under an alternative set of circumstances. The husband argues this was improper. The trial court also valued certain marital property, including the home and Wife’s 401(k) retirement account, as of several years prior to the divorce proceedings. The trial court reasoned that the divorce proceedings had been delayed by the husband’s criminal proceedings and subsequent incarceration arising from his theft of funds from the wife during the marriage. Husband filed this appeal. We reverse in part, vacate in part, and remand for further proceedings.

Posted by: Stacey Shrader Joslin on Oct 24, 2024

The Nashville Arts & Business Council's Volunteer Lawyers & Professionals for the Arts (VLPA) will hold a pro bono legal clinic for the creative community on Nov. 6. The clinic for income-qualified artists, musicians and creatives will take place from 6-8 p.m. CST at the Country Music Association, 35 Music Square E, #201, Nashville 37203. Those in need of legal services can register for a 30-minute appointment. The deadline to register is Nov. 1. Lawyers who would like to volunteer for the clinic sign up here.


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