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Posted by: Azya Thornton on Apr 17, 2025

In this appeal, the claimant sought workers’ compensation benefits for injuries he alleged resulted from his work as a truck driver. The business the claimant identified as his employer on his petition for benefit determination contended that the claimant was an independent contractor and, therefore, was not entitled to the requested benefits. After the claimant did not timely file a request for a hearing, the trial court filed a show cause order. The claimant did not respond, and the trial court dismissed the case without prejudice for failure to prosecute the claim and for failure to comply with court orders. The court’s order also taxed the filing fee to the purported employer, which filed a motion for reconsideration, asserting that it was not obligated to pay the fee because it was not the employer. The trial court denied the motion, and the purported employer has appealed. Upon careful review of the record, we reverse the trial court’s order taxing a filing fee to the purported employer and modify the court’s order to reflect that no filing fee is taxed under the circumstances of the present case. We affirm the remainder of the trial court’s order, and we certify as final the trial court’s order as modified.

Posted by: Stacey Shrader Joslin on Apr 17, 2025

The Tennessee Supreme Court and the Administrative Office of the Courts (AOC) released a statement following the General Assembly’s approval of $17 million for a new indigent representation plan. The groups say the funding “will enable the Judicial Branch to address challenges with the retention and compensation of appointed counsel and enhance the delivery of indigent services across the state.” Chief Justice Holly Kirby also said, “This funding puts us in a financial position to take a transformational step forward to safeguard the fair and impartial administration of justice in Tennessee. It is the result of many hands and hearts working together to figure out a new and effective system to deliver representation to those who cannot afford counsel. Heartfelt thanks to our legislative leaders, the Governor’s Office, the district attorneys general and district public defenders across the state, and the Tennessee Bar Association for their collective effort and vision." Kirby also thanked the judges and appointed attorneys who “passionately and capably communicated … struggles with the current system and helped … formulate a new way forward.” Read the full statement.

Posted by: Stacey Shrader Joslin on Apr 17, 2025

The Tennessee Senate has passed SR120, Action News 5 reports. The resolution, sponsored by Sen. Brent Taylor, R-Memphis, calls for the Tennessee Supreme Court to establish a Judicial Review Committee to investigate three district attorneys general (DAs): Shelby County District Attorney Steve Mulroy, Davidson County District Attorney Glenn Funk and District Attorney Chris Stanford, who serves Warren and Van Buren counties. The resolution also asks the Supreme Court to create a review board that would mirror the Board of Judicial Conduct but oversee district attorneys, court clerks and public defenders according to the Commercial Appeal. “After discussions with Senate leadership, we agreed the serious nature of these allegations warrant a judicial — rather than legislative — review,” Taylor said. The senator had introduced a resolution in January that would have created a committee of legislators to investigate Mulroy. It was referred to the Senate Judiciary Committee but never considered.

Posted by: Brooke Leeton on Apr 17, 2025

The TBA Dispute Resolution Section directory is a great place to find colleagues with a similar focus. The directory provides a list of section members with contact information, as well as listing any other sections or TBA groups to which they belong. This resource provides a great way to connect with like-minded lawyers and find dispute resolution attorneys who are well-versed in other practice areas as well. View the section directory here.

Posted by: Stacey Shrader Joslin on Apr 17, 2025

TBA’s member benefit partner Clio has released the 2025 Legal Trends for Mid-Sized Law Firms Report, which examines key trends shaping mid-sized law firms and provides data and insights to navigate industry shifts. For the first time, this year’s report explored hourly rates by firm size, finding that mid-sized law firms charge higher average hourly rates than smaller firms for both lawyers and non-lawyer professionals, and see greater variation in the rates charged than smaller firms. The report also looks at the prevalence of AI, use of flat fee billing structures, marketing modes for lead generation and spending on software programs. Read more highlights or view the full report.

Posted by: Brooke Leeton on Apr 17, 2025

The 2025 Dispute Resolution Forum will take place virtually on May 14 from 9 a.m. to 12:30 p.m. CDT. The program will feature carefully crafted sessions tailored to both lawyers and mediators presented by speakers from the Alternative Dispute Resolution (ADR) vocation. The forum will begin with a panel discussion of ADR in the federal space, move on to a session covering mass arbitrations and will end with an ethics course. Reserve your spot today!

Posted by: Stacey Shrader Joslin on Apr 17, 2025

The U.S. Supreme Court will hear oral arguments on President Donald Trump's effort to end birthright citizenship on May 15. The government is seeking to enforce the president’s executive order ending the guarantee of citizenship to almost everyone born in the United States. The court left in place orders by three federal judges, which had prohibited the government from enforcing the executive order anywhere in the country, until it rules on the matter. Read more about the case history from SCOTUSblog.

Posted by: Stacey Shrader Joslin on Apr 17, 2025

A U.S. judicial panel has voted to abandon a core part of a proposed rule aimed at increasing disclosure of who funds friend-of-the-court briefs by outside groups, Reuters reports. The proposal would have required non-profits, charities or trade associations that file amicus briefs to disclose when a party in a case contributed 25% or more of the organization's annual revenue. The rule had drawn criticism from associations, some judges and the U.S. Department of Justice. However, the panel did approve a proposal requiring an amicus brief filer to name any donor who earmarked money for preparation of the brief if that person or entity had been a member of the organization for less than 12 months. That proposed rule now goes to the Judicial Conference's Committee on Rules of Practice and Procedure for its consideration.

Posted by: Stacey Shrader Joslin on Apr 17, 2025

The Arts & Business Council of Greater Nashville and its Volunteer Lawyers & Professionals for the Arts (VLPA) program will hold a clinic on May 7 for those needing legal advice on issues surrounding their creative practice. The free 30-minute in-person appointments are available to income-qualified artists, musicians, creatives and arts organizations in the state. The clinic will run from 6-8 p.m. CDT at the Belmont College of Law, Randall and Sadie Baskin Center, 1901 15th Ave. S., Nashville 37212. Those needing help should register by May 2. To volunteer at the clinic email vlpa@abcnashville.org.

Posted by: Jarod Word on Apr 17, 2025

The death of record company magnate J.W. Hanks has upended our community, leaving the town reeling with a murderer in our midst. Hanks’ untimely demise has sparked gossip and intrigue, revealing a double life only discovered through death. Join the TBA and colleagues from across the state as we travel to the roaring 1920s and unravel this mystery. Gumshoes will use Tennessee’s latest criminal laws to uncover crucial clues to unmask the killer and put this brazen crook in the birdhouse. Was Hanks’ killer his business partner, his doctor, his wife, his mistress, his best friend or someone else he trusted? It’s up to you to solve.


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