Members of the TBA Young Lawyers Division (YLD) gathered in Washington, D.C. for the Fall Board Meeting. During the meeting, members planned upcoming events, including pro bono clinics, the Diversity Leadership Institute, the Rural Judicial Fellowship Program, the Tennessee State High School Mock Trial Competition, and new CLE offerings. The group also discussed the Tennessee Supreme Court’s request for comments on potential regulatory reforms to increase access to quality legal representation. Despite the government shutdown, the group was able to visit museums and historic sites and explore the nation’s capital. Board member Patrick Morrison led the group on a nighttime tour of the monuments.

YLD President Judge Alex McVeagh also recognized several board members for their work over the last quarter, including Mary Frances DeVoe, Chattanooga attorney and YLD East Tennessee delegate to the TBA House of Delegates, for her contributions to numerous pro bono clinics; Donelson attorney Patrick Morrison for his development of CLE programming and his role as health and wellness coordinator; and Nashville attorney Jack Wagster for his contributions as a district representative. Nashville attorney and Diversity Committee Co-Chair Chicoya Smith received the “disco gavel” from YLD Immediate Past President Sean Aiello for her enthusiasm and efforts to bring people together. A special thanks also was given to Cookeville attorney Rachel Moses — a former YLD president (2014-2016) and current TBA YLD fellow and Middle Tennessee governor on the TBA Board of Governors — for joining the trip and supporting the YLD. See photos from the meeting.

The Nashville Coalition Against Domestic Violence will host Meet Us at the Bridge on Oct. 4 at 9 a.m. CDT at the John Seigenthaler Pedestrian Bridge in downtown Nashville. The annual event is part of Domestic Violence Awareness Month and honors those lost to domestic violence and recognizes community members working to end it. Since the event began in 2005, 191 women, men and children have been remembered at the ceremony, with families of homicide victims memorializing their loved ones by dropping purple roses into the river.

Petitioner, Nathaniel Taylor, appeals the Knox County Criminal Court’s summary dismissal of his post-conviction petition. He argues that the post-conviction court erred in dismissing his petition because (1) his petition was unjustly denied in light of established law and under color of law; (2) he should have been appointed counsel and granted an evidentiary hearing in order to present his case; and (3) his conviction was based on the use of evidence gained pursuant to an unconstitutional search and seizure in violation of the Fourth Amendment of the U.S. Constitution. Upon review of the entire record, the briefs of the parties, and the applicable law, we affirm the post-conviction court’s summary dismissal.

Defendant, Amanda Michelle Owen, appeals the eight-year sentence imposed for her Blount County Circuit Court guilty-pleaded conviction of theft of property valued at $60,000 or more but less than $250,000, a Class B felony, arguing that the trial court erred by imposing a sentence of full incarceration. Because the record reflects that the trial court made the appropriate findings and that those findings are supported by the facts of this case, the trial court did not abuse its discretion by ordering that Defendant serve the entirety of her sentence in confinement, and, accordingly, we affirm.

Democrats in Congress are pressing three major law firms — Paul Weiss, Kirkland & Ellis and Skadden — for details on potential free legal work for the Commerce Department, which they argue may violate federal law and go beyond previously announced pro bono commitments. Lawmakers Jamie Raskin of Maryland, Adam Schiff of California and Richard Blumenthal of Connecticut pointed to reports that the firms assisted with tariff negotiations and Intel’s $8.9 billion deal involving the U.S. government, calling the work coercive and outside the stated focus on veterans, anti-Semitism and justice reforms. Bloomberg Law reports that the lawmakers warned the arrangements may stem from what they characterize as Trump administration “shakedown” deals that traded the rescission of punitive executive orders for promises of nearly $1 billion in free legal services. The firms face an Oct. 6 deadline to respond, but Democrats lack subpoena power to compel disclosure.

A Tennessee LLC sued one of its members seeking injunctive relief, monetary damages, and his expulsion as an LLC member. The trial court issued a temporary restraining order restraining the defendant from misappropriating, using, or disclosing the LLC’s trade secrets and confidential and proprietary business information. The defendant moved to dismiss the complaint and dissolve the temporary restraining order based upon an arbitration provision, a choice of law provision, and a forum selection clause contained in the LLC’s operating agreement. The trial court granted the defendant’s motion and held that it lacked jurisdiction and venue based on the forum selection clause and that the LLC failed to state a claim upon which relief could be granted due to the arbitration provision. We conclude that Tennessee law governs the operating agreement and affirm the trial court’s dismissal of the complaint based upon the arbitration provision. However, we reverse the trial court’s holding that it lacked jurisdiction and venue over the LLC’s claims for temporary injunctive relief.

This is a property action involving the plaintiffs’ years long pursuit to establish a right-of- way to landlocked property. The trial court dismissed the action for failure to prosecute. We now vacate the order of dismissal and remand for further hearing.

This appeal concerns two issues: (1) whether a 2024 amendment to the unlawful detainer statute made possession bonds mandatory for all tenants in appeals from the general sessions court to the circuit court, abrogating the decision in Johnson v. Hopkins, 432 S.W.3d 840 (Tenn. 2013); and (2) whether a tenant’s failure to sign an affidavit of indigency filed in lieu of a cost bond deprives the circuit court of subject matter jurisdiction. Here, the general sessions court awarded possession of the property to the landlords and entered a monetary judgment for unpaid rent against the tenants. One of the tenants then filed a timely notice of appeal with an unsigned affidavit of indigency. The general sessions court found the tenant indigent and qualified to proceed on a pauper’s oath. But the circuit court held that it lacked subject matter jurisdiction because the tenant remained in possession of the property and did not post a bond equal to one year’s rent per Tennessee Code Annotated § 29-18-130(b)(2). This appeal followed. The tenant contends that a possession bond was unnecessary under the decision in Johnson because he did not seek to retain possession of the property pending the appeal, and he argues that his failure to sign the affidavit of indigency is a correctable, technical defect. We conclude that the circuit court lacked subject matter jurisdiction because the tenant did not file a properly executed affidavit of indigency in the general sessions court. For this reason, we affirm the judgment of the circuit court.

The Arts & Business Council of Greater Nashville is hosting a free legal clinic for artists Nov. 5 at the Country Music Association. The clinic offers 30-minute consultations with volunteer attorneys for income-qualified creatives across Tennessee. Volunteer attorneys can expect questions on contracts & licensing, copyright, business formation, nonprofit governance and the like. Email vlpa@abcnashville.org for more information or to volunteer.

The TBA will host a Court of Appeals Boot Camp on Oct. 8 in Nashville, offering lawyers the opportunity to observe oral arguments in real cases and hear analysis from participating attorneys on preparation and advocacy strategies. The event, designed to strengthen skills in both written and oral appellate advocacy, also will feature a networking lunch for participants. The program will run from 9 a.m. to 3 p.m. CDT at the Tennessee Court of Appeals. For more information and to register, visit the TBA website.