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Posted by: Azya Thornton on Jul 16, 2024

This is an appeal from an order dismissing a complaint for judicial review. Because the appellant did not file her notice of appeal with the clerk of the appellate court within thirty days after entry of the order as required by Tennessee Rule of Appellate Procedure 4(a), we dismiss the appeal.

Posted by: Azya Thornton on Jul 16, 2024

The Appellant, Dewey Huggins, was convicted of aggravated domestic assault and sentenced to fourteen years’ imprisonment. The sole issue presented in this appeal is whether Assistant District Attorney General Falen Chandler should have been disqualified from prosecuting this case based on her prior representation of the Appellant in a separate criminal case in 2014. After review, we determine that no conflict of interest existed and affirm the trial court’s judgment.

Posted by: Julia Wilburn on Jul 16, 2024

The University of Memphis Law Review is currently accepting articles proposals, speakers and panel participants for its annual symposium scheduled for Feb. 21, 2025. The symposium is titled "The Ripple Effect: Understanding the Impact of Controversial Court Decisions on the Public's Confidence in the Judiciary." More information on the call for papers and how to submit proposals may be found here.

Posted by: Azya Thornton on Jul 16, 2024

MATHIS, Circuit Judge. The Electronic Fund Transfer Act (“EFTA”) requires banks, credit unions, and similar financial institutions to reimburse their customers for unauthorized electronic transfers of money from the customers’ accounts. Pursuant to its obligations under the EFTA, Michigan First Credit Union had to reimburse several of its customers for unauthorized electronic fund transfers who were subject to a cellphone scheme. Michigan First now seeks to recover those reimbursed funds from wireless cellular service provider T-Mobile USA, Inc. Specifically, Michigan First contends it is entitled to indemnification or contribution from TMobile. The district court dismissed Michigan First’s complaint, finding it failed to state a claim for indemnification or contribution under the EFTA or state law. We affirm.

Posted by: Julia Wilburn on Jul 16, 2024

Democrats in state District 19, which covers part of Knox County, are hoping to challenge Rep. Dave Wright, R-Corryton, by supporting the write-in candidacy of Michael Leon Daugherty on the Aug. 1 ballot, Knox News reports. Daugherty did not get on the ballot by the filing deadline, so he will need 5% of voters (about 2,200 people) to write in his name during the primary in order to be included on the general election ballot in November. Daugherty, a retired civics teacher, told the news outlet that elected officials must to do more to provide adequate health care, pass sensible gun safety laws, increase the minimum wage, support those suffering from addiction and protect public education.

Posted by: Julia Wilburn on Jul 16, 2024

A new state law will allow developers to hire their own inspectors to check for environmental, safety and building violations on construction sites, bypassing codes departments and fire marshals. They also will be able to hire their own wetlands consultants to conduct reviews of permits, if delays by the Tennessee Department of Environment and Conservation (TDEC) exceed 30 days. Gov. Bill Lee, who made the measure a key policy priority this year, said it is intended to streamline the building process and cut down on delays in obtaining permits, particularly in rapidly growing Tennessee communities. The Tennessee Lookout reports that a review of the processes in Memphis, Nashville and Knoxville show that the average wait time for inspections ranges from the same day to six days for complex or large commercial projects, and TDEC’s average review and issuance of a general permit takes approximately four and a half days.

Posted by: Julia Wilburn on Jul 16, 2024

The Knoxville Bar Association (KBA) is accepting nominations for its Diversity, Equity and Inclusion Award now through 5 p.m. EDT on July 31. The award recognizes a legal organization that best demonstrates outstanding leadership to promote diversity, equity and inclusion in furtherance of the KBA Strategic Inclusion Plan. Applications must be submitted online through the association's website. Learn more and access the submission form here.

Posted by: Julia Wilburn on Jul 16, 2024

Attorneys for former Chattanooga Police Chief Celeste Murphy on July 12 entered a not guilty plea on her behalf in response to a 17-count indictment related to issues about her residency. Chattanoogan.com reports that her appearance in court was waived. The charges stem from a Tennessee Bureau of Investigation (TBI) probe. Murphy's next court appearance is scheduled for Sept. 19.

Posted by: Julia Wilburn on Jul 16, 2024

The Memphis City Council on July 9 approved the renaming of a portion of Front Street between Poplar Avenue and Beale Street in honor of Bernice Donald, who retired from the U.S. 6th Circuit Court of Appeals last year as the first Black woman to serve on the court. Donald became the first Black woman judge in Tennessee when she was elected to the Shelby County General Sessions Criminal Court in 1982, and the first Black female bankruptcy judge in the nation when she was named to the U.S. Bankruptcy Court for the Western District of Tennessee in 1988. She also was the first Black woman to serve as a federal judge in the state after she was nominated to the U.S. District Court for the Western District of Tennessee by former President Bill Clinton in 1995. She now practices at Burch, Porter & Johnson. Tannera Gibson — Memphis’ city attorney and chief legal officer and attorney at Burch, Porter & Johnson — spoke about the path Donald has set for Black women, saying, “Walking a path like this one, to have someone like you blaze the trail ... you’ve always done it with such grace, such even temperament in a way that I strive [for].” The Daily Memphian has the story.

Posted by: Julia Wilburn on Jul 16, 2024

This year's Federal Practice Forum will take place virtually and offer essential and useful material for attorneys. Over the course of three sessions, speakers will cover a range of topics, including ADR in federal district court, ramifications of the Chevron decision, untangling jurisdiction in national parks and other federally regulated areas, and an overview of recent Supreme Court decisions. Join colleagues on July 26 from 9 a.m. to 12:30 p.m. CDT for this live virtual event.


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