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Posted by: Karen Belcher on May 28, 2024

In this case involving termination of the mother’s parental rights to her child, the trial court found that three statutory grounds for termination had been proven by clear and convincing evidence. The trial court further found that clear and convincing evidence demonstrated that termination of the mother’s parental rights was in the child’s best interest. The mother has appealed. Having determined that the trial court erred by failing to make sufficient findings of fact and conclusions of law concerning the ground of abandonment by failure to visit and the best interest analysis, we vacate those portions of the trial court’s judgment and remand for further findings of fact and conclusions of law. In all other respects, we affirm the judgment of the trial court.

Posted by: Karen Belcher on May 28, 2024

For the week of May 20, 2024 - May 24, 2024

Posted by: Julia Wilburn on May 28, 2024

Virginia-based IT staffing firm Arthur Grand Technologies Inc. (AGT) has reached a settlement agreement with the U.S. Departments of Justice (DOJ) and Labor (DOL) over a job posting that read "whites only." NPR reports that under the arrangement, AGT will pay a civil penalty of $7,500, along with a total of $31,000 to 31 people who complained about the posting. The company — which is minority-owned and a federal contractor designated as a disadvantaged business — also will be monitored to ensure compliance with anti-discrimination laws. "Arthur Grand Technologies vehemently denies any guilt or wrongdoing in relation to the discriminatory job posting," AGT CEO Sheik Rahmathullah said, adding that the job notice was an "unauthorized posting" by disgruntled employee.

Posted by: Julia Wilburn on May 28, 2024

Nashville Metro Arts Executive Director Daniel Singh has agreed to resign after less than two years in the position, reports WPLN. The arts funding agency has been under intense scrutiny over the last several months after it failed to distribute millions of dollars in promised grant funds. Singh’s resignation was approved by the Metro Arts Commission at a specially-called meeting on Friday. In return, he’ll receive a $200,000 settlement payment from the city government, which will prevent Singh from suing Nashville, Metro Legal Director Wally Dietz said during the meeting. Housing activist and former Metro Arts Commission Chair Paulette Coleman has been appointed as interim executive director.

Posted by: Stacey Shrader Joslin on May 28, 2024

The Tennessee Supreme Court has rejected a request for a hearing on a motion to dissolve a temporary suspension. The court said that Knox County lawyer Mark Steven Graham had failed to establish “good cause” warranting a hearing. Graham was reinstated to the practice of law in January 2022 with the condition that he comply with a Tennessee Lawyers Assistance Program (TLAP) monitoring agreement. In May 2022, the court temporarily suspend Graham for noncompliance with his agreement. Graham filed a petition to dissolve the suspension and seek a hearing on the motion arguing that the agreement “terminated by its own terms” with the court’s action in January 2022. The court rejected that argument saying it is “belied by the plain language” of its January 2022 order.

Posted by: Julia Wilburn on May 28, 2024

Nashville School of Law (NSL) celebrated its 116th commencement ceremony on Saturday, conferring law degrees on 69 graduates. NSL Dean William C. Koch Jr.; Aubrey B. Harwell Jr., chair of the NSL Board of Trust; and commencement speaker Tennessee Court of Appeals Judge W. Neal McBrayer shared messages with attendees. In his keynote address, McBrayer stated that ambitious NSL graduates could become outstanding lawyers by championing pro bono work. “It strikes me that the great attorneys tend to have one thing in common: sharing their skills free of charge where there is a need for legal services.” Read more in a press release from the school and see pictures from the event.

Posted by: Julia Wilburn on May 28, 2024

Join your colleagues in Memphis June 12-15 for the TBA's Annual Convention, the largest annual gathering of the Tennessee legal community. This year’s convention theme “A Bridge to the Future” reflects the historic role lawyers play in society, while looking ahead to how technology will affect the legal profession for years to come. Online registration for the TBA's Annual Convention closes at 11:59 p.m. CDT on June 9. Only on-site registrations will be accepted after that point. There are a limited number of hotel rooms available in the room block.

Posted by: Julia Wilburn on May 24, 2024

U.S. District Judge Deborah Boardman in Maryland on Monday ruled that the estate of Henrietta Lacks can move forward with a lawsuit against biopharmaceutical company Ultragenyx. Reuters reports that cancer cells (now known as "HeLa cells") were cut from Lacks' cervix without her knowledge during a cancer-treatment procedure at a Baltimore hospital in 1951. The cell line was the first to survive and reproduce indefinitely in lab conditions and has been used in a wide range of medical research worldwide. The lawsuit claims that Ultragenyx wrongly profited from its research using the "immortal" HeLa cell line. The estate previously sued Thermo Fisher Scientific for its alleged misuse of the HeLa line in a case that settled last year.

Posted by: Julia Wilburn on May 24, 2024

Chattanooga Mayor Tim Kelly announced the launch of a pilot program that is a collaboration between the Chattanooga Police Department, 423 Chain Breakers and the Downtown Chattanooga Alliance. Chattanoogan.com reports that the program is designed to positively engage young people and encourage a safe environment in downtown Chattanooga on selected weekends throughout the 2024 summer. In the program, members of 423 Chain Breakers will spend time downtown on select weekend nights from 9 p.m. to 1 a.m. EDT, focusing in areas where young people often congregate. Their presence will be in addition to increased police patrols downtown. The group works to connect directly with young Chattanoogans to build relationships and steer them away from violence and criminal activity.

Posted by: Tanja Trezise on May 24, 2024

Petitioner, Andre Terry, appeals the Knox County Criminal Court’s denial of his petition for post-conviction relief. Petitioner asserts on appeal that the post-conviction court erred in concluding that he received the effective assistance of trial counsel, specifically as it related to his failure to procure a plea offer from the State. The State counters that the postconviction court properly denied relief. We ordered supplemental briefing as to whether the post-conviction court had jurisdiction to consider this petition. We hold that the postconviction court did not have jurisdiction to consider the petition because the pro se postconviction petition was deficient, and thus a nullity, and the amended petition was filed outside of the statute of limitations. Accordingly, we vacate the judgment of the postconviction court and dismiss the petition.


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