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Posted by: Stacey Shrader Joslin on May 8, 2024

The Tennessee Supreme Court has directed Hamilton County lawyer Shaheen Iltaf Imami to respond to its request regarding the imposition of reciprocal discipline. The response is due 30 days from receipt of the notice and should address why a public censure with conditions imposed by the state of Michigan should not also be imposed in Tennessee.

Posted by: Stacey Shrader Joslin on May 8, 2024

The Tennessee Bar Foundation, an association of 811 attorneys across the state, recently inducted 29 new fellows. See the full list of this year’s class. The Bar Foundation has a two-fold purpose: to recognize attorneys who have distinguished themselves in the community and the profession, and to administer a grant making program. Through the Interest on Lawyers' Trust Accounts (IOLTA) program, the foundation has awarded grants in excess of $27,000,000 to law-related and public interest projects throughout the state of Tennessee.

Posted by: Tanja Trezise on May 8, 2024

THAPAR, Circuit Judge. Police searched Tommy Kirtdoll’s house with a warrant that was largely accurate. Nonetheless, Kirtdoll argues the warrant’s few mistakes rendered the search unconstitutional. The district court disagreed, and so do we.

Posted by: Tanja Trezise on May 8, 2024

The plaintiffs, who are former employees of a municipal police department, were discharged after the District Attorney General sent an email to the city manager stating that the plaintiffs’ testimony at hearings may be impeached without independent corroboration, thus allegedly “creating challenges for the State in proving its case beyond a reasonable doubt.” The plaintiffs thereafter brought suit against the District Attorney General and specifically asserted claims for official oppression under a negligence per se theory and for tortious interference with a business relationship and prospective business relationships. The trial court dismissed the plaintiffs’ claims on the grounds of qualified immunity and absolute immunity. The plaintiffs appealed, and during the pendency of the appeal, the District Attorney General died. The personal representative of her estate, who was substituted as the appellee in the wake of her death, has argued that this case abated upon her death because the plaintiffs’ lawsuit is “for wrongs affecting the character of the plaintiff” within the meaning of Tennessee Code Annotated section 20-5-102. For the reasons discussed herein, we conclude that the plaintiffs’ claims for tortious interference abated upon the District Attorney General’s death. Assuming, arguendo, that the plaintiffs’ separate pursuit of recovery under a negligence per se theory did not abate, we nonetheless affirm the dismissal of the plaintiffs’ negligence per se theory due to their failure to raise an effective challenge to the dismissal of the theory in their appellate briefing.

Posted by: Tanja Trezise on May 8, 2024

In this case involving termination of the mother’s parental rights to her child, the trial court found that four 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 findings concerning the mother’s affirmative defense of lack of willfulness relative to the statutory grounds of abandonment through failure to visit and support the child, we reverse the trial court’s reliance on those grounds. We affirm the trial court’s judgment in all other respects, including the termination of the mother’s parental rights to the child.

Posted by: Tanja Trezise on May 8, 2024

This appeal concerns a petition to terminate the parental rights of a mother to her young daughter. The trial court found by clear and convincing evidence that three grounds for termination existed as to Mother: (1) persistent conditions; (2) substantial noncompliance with a permanency plan; and (3) failure to manifest an ability and willingness to assume custody or financial responsibility. The trial court also found that termination was in the best interest of the child. The mother appeals. We reverse the trial court’s finding that clear and convincing evidence established the ground of substantial noncompliance with a permanency plan. However, we affirm its findings that the remaining grounds were proven and that termination was in the best interest of the child.

Posted by: Stacey Shrader Joslin on May 8, 2024

The U.S. District Court for the Western District of Tennessee and U.S. Rep. David Kustoff are inviting members of the legal community to attend a ceremony commemorating the naming of the courthouse at 111 S. Highland Ave. in Jackson as the James D. Todd United States Courthouse. The event will take place June 7 at 3 p.m. CDT. A reception will follow the ceremony. RSVP by May 17 to Cynthia Edwards, 470-312-3439. View the invitation. Kustoff's bill naming the courthouse passed the U.S. Congress in 2022. In a press release issued at the time Kustoff said, “For 36 years, Judge James Todd has displayed his faithfulness and commitment to the federal bench, to the legal profession and to the Constitution. Naming the courthouse for him “is a truly fitting tribute to such a respected jurist.”

Posted by: Stacey Shrader Joslin on May 8, 2024

Sen. Ken Yager, R-Kingston, has announced his candidacy for reelection to the Tennessee Senate. Yager, who serves in a key leadership role as the Chairman of the Senate Republican Caucus, is seeking a fifth term representing Senate District 12. In a statement, Yager said his tenure in the Senate has been “marked by a steadfast commitment to our community and local governments.” The LaFollette Press has his full announcement.

Posted by: Stacey Shrader Joslin on May 8, 2024

A Tennessee-based cleaning company has agreed to pay nearly $650,000 in civil penalties after federal investigators found the company employed at least 24 children at two slaughtering and meatpacking facilities, the U.S. Department of Labor has announced. Under the agreement, Fayette Janitorial Service LLC also must hire a third party to implement company policies to prevent the illegal employment of children and create a program for reporting concerns about child labor violations. The Labor Department obtained a preliminary injunction against the company in late February after an investigation discovered at least 24 children, including those as young as 13, were working overnight sanitation shifts at facilities in Iowa and Virginia. The Commercial Appeal has more from USA Today.

Posted by: Stacey Shrader Joslin on May 8, 2024

TikTok has sued to block a new law that requires it to divest from its parent company ByteDance or cease operations in the United States. The case likely will “spark a landmark clash over free speech, government power and the balance between open commerce and national security,” Reuters reports. The legal complaint argues broadly that the new law, which passed with bipartisan support, reflects an “extraordinary and unconstitutional assertion of power” that unfairly singles out TikTok. It also argues that the law puts all media at risk by circumventing free speech protections. U.S. officials have accused the company of sharing users' data with the Chinese government. The company has denied those claims.


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