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Posted by: Stacey Shrader Joslin on May 16, 2024

Belmont University College of Law today announced a two-year pilot health care clinic that will be embedded at the Tennessee Justice Center (TJC). Funding for the “Healthcare Justice Clinic” will be provided by a $260,000 grant from the Speer Foundation. The clinic will be coordinated by a TJC staff attorney and staffed by Belmont law students who will be selected for the externship. Students will receive academic credit for the experience, which will also include a class focused on managing client cases. The effort is designed to expand TJC’s work of advocating for vulnerable Tennessee families. “There are way more Tennesseans who need help than our small staff can handle, so this new resource will make a powerful difference,” said Michele Johnson, TJC co-founder and executive director. Read more in a news release from the school.

Posted by: Stacey Shrader Joslin on May 16, 2024

In honor of Asian American, Native Hawaiian and Pacific Islander Heritage (AANHPI) Month, American Bar Association President Mary Smith recently released a statement highlighting the theme of “Bridging Histories, Shaping Our Future" and noting the major impact the AANHPI community has had on the legal profession. According to the ABA’s Profile of the Legal Profession, the number of Asian American lawyers has grown faster than any other demographic group, increasing from 2.5% of all lawyers in 2021 to 6% in 2023. Smith concludes "As a nation, we should ensure that the AANHPI stories are lifted up. As lawyers, we should combat discrimination and hate that is too often targeted at this community ... Let us use this month to not only honor the achievements of the AANHPI people, many who overcame great hardship and discrimination to reach their goals, but also to dedicate ourselves to building bridges across cultures to create a future where all are treated equally and can succeed."

Posted by: Stacey Shrader Joslin on May 16, 2024

The Memphis office of the Tennessee Court of Workers' Compensation Claims was closed today due to water main problems. Bureau of Workers’ Compensation employees in Memphis were working remotely. Those who have settlement approvals scheduled should call the office at 615-532-4812 to reschedule.

Posted by: Stacey Shrader Joslin on May 16, 2024

A bill allowing for the death penalty in some cases of child rape has been signed into law by Gov. Bill Lee. It will take effect July 1 and will apply in cases where the offender has multiple prior felonies or multiple victims. Opponents predict the law will be challenged based on a 2008 decision by the U.S. Supreme Court, which found that the Eighth Amendment’s protection against cruel and unusual punishment prohibits the death penalty in causes where the victim does not die. The Associated Press reports on the development.

Posted by: Stacey Shrader Joslin on May 16, 2024

The Tennessee Supreme Court will hear oral arguments on May 22 in Cookeville before a group of rising high school seniors participating in the Tennessee American Legion’s Boys State program. The event is part of the court’s SCALES program, which educates students about the Tennessee legal system and judicial branch functions. Students will hear two cases beginning at 9 a.m. CST: Heather Smith v. BlueCross BlueShield of Tennessee and State v. William Rimmel III. The proceedings also will be livestreamed on the court’s YouTube page. Read more about the cases.

Posted by: Stacey Shrader Joslin on May 16, 2024

Belmont University College of Law announced a two-year pilot health care clinic that will be embedded at the Tennessee Justice Center (TJC). Funding for the “Healthcare Justice Clinic” will be provided by a $260,000 grant from the Speer Foundation. The clinic will be coordinated by a TJC staff attorney and staffed by Belmont law students who will be selected for the externship. Students will receive academic credit for the experience, which will also include a class focused on managing client cases. The effort is designed to expand TJC’s work of advocating for vulnerable Tennessee families. “There are way more Tennesseans who need help than our small staff can handle, so this new resource will make a powerful difference,” said Michele Johnson, TJC co-founder and executive director. Read more in a news release from the school.

Posted by: Karen Belcher on May 16, 2024

This appeal involves a complaint against four defendants for damages arising out of an automobile accident. The trial court dismissed the plaintiff’s claims against three of the four defendants. Because the order does not resolve the plaintiff’s claims against all of the defendants, we dismiss the appeal for lack of a final judgment.

Posted by: Karen Belcher on May 16, 2024

In this appeal, Appellant does not offer any argument as to the trial court’s final order, and among other technical issues, fails to properly cite to her appendix or to the record. Because Appellant has failed to comply with the requirements set out in Rules 27 and 28 of the Tennessee Rules of Appellate Procedure and Rule 6 of the Rules of the Court of Appeals of Tennessee, we dismiss the appeal.

Posted by: Karen Belcher on May 16, 2024

This appeal concerns the Tennessee Prompt Pay Act, Tenn. Code Ann. § 66-34-101, et seq. (“the PPA”). King Construction Group, Inc. (“King”) sued Highlands Residential Services (“HRS”) in the Chancery Court for Putnam County (“the Trial Court”) for violating the PPA. The parties filed competing motions for summary judgment. The Trial Court ruled in King’s favor, granting an award to King for HRS’s failure to place retained funds in a separate, interest-bearing escrow account as required by the PPA. The Trial Court further awarded King statutory interest and attorney’s fees. HRS appeals, arguing that an amendment to the PPA, which became effective in July 2020 after the parties had entered into their agreement, means that HRS, a public housing agency, did not have to place retainage in an escrow account. We hold that, as HRS first failed to place retained funds in an escrow account before the amendment became effective, the pre-July 2020 version of the PPA applies to this action. We affirm the Trial Court’s award of a penalty to King for HRS’s failure to place retainage in an escrow account. However, we reverse the Trial Court’s award of attorney’s fees to King because the Trial Court made no supporting findings nor is there any evidence of bad faith by HRS. In addition, we vacate the Trial Court in its award of statutory interest to King and remand for the Trial Court to calculate a new award of statutory interest to King at the interest rate specified in the pre-July 2020 version of the PPA. We thus affirm, in part, reverse, in part, and vacate, in part, and this cause is remanded to the Trial Court for further proceedings consistent with this Opinion.

Posted by: Karen Belcher on May 16, 2024

Father, who is serving an eight-year sentence on a rape conviction, appeals the termination of his parental rights. Discerning no reversible error, we affirm.


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