The TBA has learned that a fraudulent email, purporting to be from the TBA president, has been in circulation. If you received an email from a sender using the domain name “member-tba.org” please know that this is not a TBA domain, and the email is not from the association. Email addresses obtained for this scam did not come from the TBA or TBA President Ed Lanquist. The TBA encourages lawyers to block this sender and report any emails received as fraudulent/phishing. Those with questions or concerns about this issue should contact Assistant Executive Director Lanny Brown.

The Tennessee Supreme Court today held that when a trial judge misunderstands the role as “13th juror” in a civil case, appellate courts should send the case back to the trial judge to review the case instead of automatically requiring the parties to go through a new trial. If the trial court is unable to fulfill the role of 13th juror on remand, only then should it order a new trial. Under the “13th juror” rule, the trial judge independently reviews the evidence and decides whether he agrees with the verdict of the 12 jurors. If he disagrees, the parties must re-try the case. The court also used the case to find that a claim of unjust enrichment does not require a voluntary conferral of a benefit, reversing the Court of Appeals and upholding the trial court’s dismissal of unjust enrichment claims. In addition, the court declined Plaintiffs’ invitation to create a new tort for the misappropriation of a statutory right of redemption. 

July is Disability Pride Month, and the American Bar Association (ABA) is celebrating the "immense resilience, creativity and contributions of individuals with disabilities” and bringing awareness to its Commission on Disability Rights, which focuses on enhancing opportunities for lawyers with disabilities and advocating for disability-related public policy and laws. The group notes in a statement that this month marks 34 years since enactment of the Americans with Disabilities Act (ADA), which fundamentally redefined accessibility and inclusion. The ARC has more on the annual celebration and this year's theme, "We Want a Life Like Yours," which "reflects the disability community’s dreams for life experiences that they are too often denied."

Choosing a document management system is like buying a house or a car: it’s pricey, important and will hopefully last a while. Use this list to decide what’s important to you before you go shopping. Find this and more in the Document Management section of TBA’s Law Firm in a Box.

Join members of the TBA Attorney Well Being Committee for a live interactive roundtable for law students and young lawyers on how best to manage work-life balance as a legal professional. This 45-minute Zoom event on Sept. 25 at 12:30 p.m. CDT will feature seasoned lawyers discussing their day-to-day practice, and provide effective tools for personal well-being. The event is free and open to all currently enrolled law students and TBA members but registration is required. Questions and feedback are encouraged for this interactive roundtable. Submit questions in advance to jword@tnbar.org.

At the TBA Convention in June, YLD Board members were asked to submit tips on incorporating wellness into their lives as attorneys. We will be sharing these tips and other wellness ideas over the next year. Starting off, here are two tips that can help navigate the stresses of being an attorney.

• Exercise daily. Find what you love — yoga, swimming, hiking, gardening, weight lifting. Aim for 30 minutes a day.
• Several young attorneys noted that they try to take a 15-minute break each morning and afternoon to step away from their desks. This not only helps to get the body moving but provides a break from the computer. Do a lap around the office or if the weather is nice, take your break outside and take a walk around the block. Fresh air and sunshine can help mitigate and manage stress.

Chattanooga lawyer Maurice Richard “Bemo” Bowen Jr. died June 30 at the age of 84. After graduating from Vanderbilt Law School in 1964, Bowen joined the Chattanooga firm of Goins, Gammon, Baker & Robinson. In 1968, he served as a partner at Duncan, Bowen & Breazeale until 1972. From 1972-1974, he was partner in the firm of Grant, Clements & Bowen. He retired from Grant, Konvalinka & Harrison less than two years ago. The firm has more on his career. Services will be at St. Paul’s Episcopal Church, 305 W. 7th St., Chattanooga, TN 37402, on Friday at 11 a.m. EDT. Visitation will take place at 10 a.m. in the Ava Wright Room. Memorial donations may be made to the church or the charity of choice.

The Knoxville Bar Association (KBA) has released the results of a member poll regarding the candidates for three area judicial seats: Knox County law director, Knox County Criminal Court Division II judge and one Tennessee Supreme Court justice who is being considered for retention. The KBA’s nonpartisan Judicial Committee oversees the survey. Local attorneys — 300 in this case — anonymously rate candidates as either strongly recommended, recommended, not recommended, strongly not recommended or no knowledge. The Knox County General Election is Aug. 1, with early voting running from July 12-27. Read more in a release from the group.

In this interlocutory appeal, the employer argues the trial court erred in awarding the employee a panel of pain management specialists in her new locale. The employee, a certified nursing assistant, reported an injury after lifting a patient at work. The authorized physician initially stated the employee’s condition was primarily related to the reported incident and provided conservative care. Following further diagnostic testing, however, the physician revised his opinion, stating the employee’s back condition was primarily related to a pre-existing, degenerative condition and that she had received all necessary treatment related to the reported work injury. The employee obtained an evaluation from another physician, who stated the work accident was the primary cause of several disc herniations and recommended pain management treatment. The employee moved to another state and requested a panel of specialists, which the employer denied. At an expedited hearing, the trial court found that the treating physician’s opinion was inconsistent, determined the causation opinion of the employee’s expert rebutted the statutory presumption of correctness afforded the opinion of the authorized physician, and ordered the employer to provide a panel of pain management providers near the employee’s new residence. The employer has appealed. Upon careful consideration of the record and the arguments of counsel, we reverse the trial court’s determination that the employee’s expert rebutted the causation opinion of the panel-selected physician, affirm as modified the order for the employer to provide a new panel, and remand the case.

Gov. Bill Lee has announced three new judicial appointments: Jennifer Nichols has been appointed to the 18th Judicial District Circuit Court, Jessica Parrish to the 22nd Judicial District Circuit Court and Jim Newsom to the 30th Judicial District Chancery Court. Newsom was named as a special judge to replace Shelby County Chancellor Jim Kyle who is on disability due to a nonfatal autoimmune disorder, the Daily Memphian reports.“I am proud to announce the appointment of these highly qualified individuals and value the significant experience they will bring to their respective roles,” Lee said. “I appreciate their leadership and am confident they will serve Tennesseans with integrity.” Read more about the new judges in a press release from the governor's office.