Last month, the University of Memphis Cecil C. Humphreys School of Law hosted the investiture of one of its own graduates, the Hon. Valerie Smith, who was sworn in by Gov. Bill Lee. Smith recently was appointed by Lee to serve on the Tennessee Court of Appeals for the Western Division. She fills a vacancy left by the retirement of fellow Memphis Law graduate Judge Arnold Goldin. See photos of the ceremony on the law school’s Facebook page. 

FEMA has announced that President Donald Trump approved federal disaster assistance to support recovery efforts in areas of the state affected by severe storms, straight-line winds, tornadoes and flooding in April. The president’s action makes federal funding available to individuals in Cheatham, Davidson, Dickson, Dyer, Hardeman, McNairy, Montgomery, Obion and Wilson counties. Assistance may include grants for temporary housing and home repairs, low-interest loans to cover uninsured property losses, and other programs to help individuals and business owners recover from the disaster’s impact. Federal funding also is available on a cost-sharing basis for emergency work and infrastructure repairs in 19 counties, according to FEMA's press release. Individuals and business owners in the designated areas should first file claims with their insurance providers, then apply for assistance by registering at www.DisasterAssistance.gov or by calling 800-621-3362.

The 2025 Federal Practice Forum will take place on July 15 and will feature essential and practical content for attorneys. More details about the program will be announced soon on the TBA website.

Tennessee’s unemployment rate held steady at 3.5% in May and continues to remain below the national rate, according to the latest data from the Tennessee Department of Labor and Workforce Development. The state’s seasonally adjusted unemployment rate was unchanged from April, while the national rate stood at 4.2% in May. Total nonfarm employment in Tennessee decreased by 1,800 jobs between April and May, with the largest declines occurring in the professional and business services sector, followed by financial activities and trade, transportation and utilities.

TBA Young Lawyers Division (YLD) outgoing President Sean Aiello presented a number of awards at the group’s annual board dinner in Franklin. The President's Award was given to Nashville attorney Patrick Morrison for his work on developing the YLD CLE Exploration Series and as the division’s health and wellness coordinator. The Public Service Award was presented to Nashville attorney Ashley Tipton for her expansion of the high school mock trial program and to Nashville attorney Alix Rogers and Eighth Judicial District Criminal Court Judge Zack Walden for implementation of the YLD's first Rural Judicial Fellows Program. Six board members also were recognized with Star of the Quarter Awards. Read more about these recognitions. Law student members of the 2025 Diversity Leadership Institute class also attended the dinner and were recognized for completing the program. Earlier in the day, law student members of the Rural Judicial Fellows met with justices of the Tennessee Supreme Court. See photos from that gathering.

A news item in Wednesday’s issue of TBA Today about the Environmental Law Section’s 2025 Jon E. Hastings Memorial Award Writing Competition incorrectly identified the law school of one submission. Logan Hawkins attends the University of Memphis Cecil C. Humphreys School of Law.

Petitioner, G’Andre Fields, appeals the denial of his post-conviction petition, arguing that the post-conviction court erred in denying his claim that he received the ineffective assistance of counsel because trial counsel failed to file a motion to suppress Petitioner’s DNA. Following our review of the entire record and the briefs of the parties, we affirm the judgment of the post-conviction court.

Question 1: If the directors of a mutual benefit nonprofit corporation without members breach their fiduciary duties or engage in unlawful actions, how—and by whom—can they be held accountable?

Opinion 1: A court may hold accountable the memberless corporation’s director or directors in a derivative action brought by another director on behalf of the corporation. Additionally, the Attorney General may ask a court in a direct action to dissolve the corporation or to provide other remedies in connection with claims that the corporation lacks or lacked the power to act.

Question 2: If affected individuals do not have standing to bring legal action, how are the fiduciary duties of good faith, loyalty, and care imposed upon directors under Tennessee law enforced in practice?

Opinion 2: See response to Question 1.

Question 3: Can the Attorney General and Reporter intervene in cases involving alleged illegal actions or abuse of authority by a mutual benefit nonprofit corporation without members?

Opinion 3: Yes, the Attorney General may intervene as of right in any proceeding brought by others under the Nonprofit Corporation Act if he was required to be provided notice of the proceeding or if he was statutorily authorized to commence the proceeding.

Question: Tennessee Code Annotated § 8-24-102(d) requires that each year the compensation for certain county officials “be increased by a dollar amount equal to the average annualized general increase in state employees’ compensation . . . during the prior fiscal year multiplied by the compensation established herein for the county officials of the county with the median population of all counties; provided, however, that the annualized general increase tied to the increase in state employees’ compensation shall not exceed five percent (5%) in any given year[.]” For the past several years, the County Technical Assistance Service has published a schedule indicating the minimum salary based on the foregoing statutory provision for various county officials, including allowing for a yearly increase of up to 5% for elections administrators. However, Tenn. Code Ann. § 2-12-208(f) requires that “each July 1 . . . the compensation for certified administrators . . . shall be increased by a dollar amount equal to the average annualized general increase in state employee’s compensation during the prior fiscal year multiplied by the compensation established for the county officials of the county with the median population of all counties; provided, in no year shall such compensation increase by more than ten percent (10%).” In years in which the average annualized general increase in state employee compensation is 10% or greater, is the minimum increase in compensation for certified elections administrators 5% or 10%?

Opinion: The formula and 10% cap in Tenn. Code Ann. § 2-12-208(f) govern compensation increases for certified elections administrators.

Question: The Environmental Protection Agency regulates public water systems through the federal Safe Drinking Water Act which focuses on ensuring public water systems meet standards for contaminants and implement treatment techniques to achieve this goal. Without creating a conflict with federal standards, can Tennessee amend its state Safe Drinking Water Act to provide that a point-of-entry water softening system at a large multifamily housing facility or apartment complex is not a “treatment facility”?

Opinion: Probably. No judicial decision or agency guidance cleanly resolves this issue. But the best reading of the relevant statutory and regulatory authority suggests such legislation would be permissible, and there is broad support among States that softening does not trigger regulation as a consecutive water system. Some States with primacy authority have already adopted regulations that offer a pathway for building owners to use softening systems without incurring the normal regulatory burdens associated with public water systems.