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Posted by: Stacey Shrader Joslin on May 13, 2025

The Tennessee Supreme Court transferred the law license of Sumner County lawyer Loretta Madeline Calvert to disability inactive status on May 13. Calvert may not practice law while on inactive status but may seek reinstatement by showing that the disability has been removed.

Posted by: Azya Thornton on May 13, 2025

This case concerns a dispute regarding attorney’s fees. Appellee is the next of kin of the attorney who represented Appellants for a period of time in the underlying wrongful death action. After Appellants terminated his representation, the attorney filed a notice of attorney’s lien. A few years later, while represented by their new counsel, Appellants settled their claims against the underlying defendants. While pursuing the attorney’s lien, the attorney died. Thereafter, the attorney’s estate was substituted as a party. In a previous appeal, we reviewed the trial court’s $133,333.33 attorney’s fee award to the attorney’s estate. We affirmed the trial court’s conclusion that Appellants owe the attorney’s estate fees and that the result the attorney obtained for Appellants was a $400,000.00 settlement offer. In the first appeal, we vacated the $133,333.33 attorney’s fee award and remanded the case with instructions for the trial court to make findings consistent with Rule 1.5(a) of the Tennessee Rules of Professional Conduct. Following remand, the attorney’s estate was closed, and Appellee sought to be substituted, individually, as a party to this action. The trial court allowed the substitution, over Appellants’ objections. Concerning the amount of attorney’s fees, the trial court referred the parties to a special master, who disregarded this Court’s prior opinion, wherein we affirmed that the “results obtained” by the deceased attorney was a $400,000.00 settlement offer. Rather, the special master concluded that the “results obtained” was a $450,000.00 settlement offer and awarded attorney’s fees of $150,000.00 based on that amount. The trial court adopted the special master’s findings. Although we affirm the trial court’s substitution of Appellee as a party, we vacate the award of $150,000.00 in attorney’s fees as this amount is in conflict with the law of the case, i.e., this Court’s previous conclusion that the results the attorney obtained was a $400,000.00 settlement offer.

Posted by: Julia Wilburn on May 13, 2025

The U.S. Judicial Conference's Advisory Committee on Evidence Rules on May 2 advanced a proposal to regulate evidence generated by artificial intelligence (AI), aiming to ensure it meets the same reliability standards as expert witness testimony. Reuters reports that the draft rule would require non-expert-generated AI evidence to be scrutinized under Rule 702 of the Federal Rules of Evidence, while exempting basic scientific instruments. Some committee members expressed uncertainty about adopting the rule, but all emphasized the need to act quickly as AI technology evolves. The panel also voted 8-1 to seek public feedback. The proposal now moves to the conference's Committee on Rules of Practice and Procedure, which will decide in June whether to publish the proposal for public comment.

Posted by: Julia Wilburn on May 13, 2025

Tennessee Attorney General (AG) Jonathan Skrmetti on Monday released a statement warning Knoxville-area residents to guard against scammers exploiting the May 10 earthquake that impacted the region. “Unscrupulous scammers find every opportunity to target vulnerable citizens, particularly the elderly,” Skrmetti said. "Always be sure to thoroughly research contractors who offer to work on your home, get multiple quotes and only hire reputable professionals." For guidance on avoiding scams, visit the AG's Consumer Protection website.

Posted by: Julia Wilburn on May 13, 2025

Tennessee death row inmates are urging a Davidson County court to compel the state Department of Correction to disclose the sources of its lethal injection drugs, according to News Channel 5. The group argues the drugs pose serious safety risks, stating, "Every manufacturer of pentobarbital has put in place strict distribution controls to prevent its drugs from being sold to departments of correction for use in executions." Oscar Franklin Smith is scheduled for execution on May 22. The inmates also are seeking a halt to executions until a March 2026 trial on the constitutionality of the state's protocol is held.

Posted by: Julia Wilburn on May 13, 2025

A federal judge in Pennsylvania has ruled that President Donald Trump can invoke the Alien Enemies Act to deport members of Tren de Aragua, a group he labeled a foreign terrorist organization, but must provide proper notice before doing so. The Hill reports that the decision from Judge Stephanie Haines diverges from other rulings — including from a Texas-based federal judge — that have found the law may be used only during formal invasions or wartime. The ACLU is urging the Supreme Court to intervene and resolve the conflict. Haines lifted a previous block on deportations in Western Pennsylvania, allowing the administration to proceed with a 21-day notice in both English and Spanish.

Posted by: Julia Wilburn on May 13, 2025

Criminal charges against four Youth Villages staffers in the 2023 death of 17-year-old Alegend Jones have been dropped following an agreement between the facility and Jones’ family. The staffers had been indicted for facilitation of aggravated child abuse and reckless homicide, but the indictments were rescinded after prosecutors decided not to pursue the case. An autopsy suggested Jones died from complications of a physical restraint, but due to unclear video footage and inconclusive findings, the manner of death was ruled “undetermined.” The Daily Memphian reports that as part of the resolution, Youth Villages will undergo a review by independent experts to assess and improve safety protocols.

Posted by: Julia Wilburn on May 13, 2025

The American Bar Association (ABA) has extended its suspension of a rule requiring law schools to promote diversity, equity and inclusion (DEI) through efforts like targeted recruitment of underrepresented groups. The suspension, now lasting until August 2026, comes amid legal challenges, executive orders from the Trump administration and communications from the U.S. Department of Justice. The council overseeing law school accreditation cited “extraordinary circumstances” and potential hardship for schools caught between ABA rules and federal law prohibiting race- and gender-based policies in supporting the extension. The council first voted to suspend enforcement of the rule in February. Bloomberg News has more on the story.

Posted by: Julia Wilburn on May 13, 2025

Save the date for the annual Federal Practice Forum, which will take place virtually on July 15 from 9 a.m. to 12:30 p.m. CDT. Speakers and topics will be announced soon. Stay tuned here for more information.

Posted by: Azya Thornton on May 12, 2025

KETHLEDGE, Circuit Judge. Michael Poffenbarger, a First Lieutenant in the Air Force Reserve, brought this suit alleging that the Air Force’s COVID-19 mandate, as applied to him, violated the Religious Freedom Restoration Act (RFRA) and the First Amendment. The Air Force later rescinded that mandate, and the district court dismissed the case as moot. We affirm the dismissal, though on different grounds.


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