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Posted by: Karen Belcher on Mar 29, 2024

JULIA SMITH GIBBONS, Circuit Judge. Dwan and Aaron Bray (collectively, “plaintiffs”) brought this medical malpractice suit in state court individually and on behalf of their minor child, N.B., against Dr. Timothy J. Thress and various medical entities and actors (collectively, “defendants”). Plaintiffs sought damages stemming from defendants’ negligence as to Dwan Bray’s pre-natal care and subsequent birth of baby N.B. But unbeknownst to plaintiffs, Thress was employed by a federally funded health center during his treatment of Bray. In line with the Federally Supported Health Centers Assistance Act (“FSHCAA”), 42 U.S.C. § 233(g)–(n), Thress removed the suit to federal court and the United States substituted itself for Thress, requiring plaintiffs to bring their claim against the United States under the Federal Tort Claims Act (“FTCA”), 28 U.S.C. § 1346(b).

The government then moved for dismissal, arguing that plaintiffs failed to satisfy the FTCA’s administrative exhaustion requirement. Plaintiffs, in turn, moved first to remand the action to state court, arguing that the FSHCAA did not apply, and later to amend their complaint to demonstrate compliance with the FTCA’s exhaustion requirement. The district court denied both of plaintiffs’ motions, finding the FSHCAA applicable and any attempt to amend plaintiffs’ complaint futile. Accordingly, the district court dismissed plaintiffs’ FTCA claim without prejudice and remanded plaintiffs’ claims against the remaining defendants to state court. Plaintiffs appeal the district court’s denial of their motion to remand and its dismissal of their FTCA claim. Because the district court was correct in both respects, we affirm.

Posted by: Julia Wilburn on Mar 29, 2024

TBA’s Legislative Updates podcast is out with a new episode featuring attorney and TBA lobbyist Berkley Schwarz and Adams and Reese attorneys and TBA lobbyists, Brad Lampley and Ashley Harbin. This week they discuss HB2710/SB2254, the TBA's conservatorship bill; HB2645, the adoption birth certificate bill; and HB2644, the adoption clean-up bill. They also discuss the TBA's testimony on Tuesday to the Senate Judiciary Committee. After testimony from TBA's Executive Director Sheree Wright and Williamson County attorney David Grimmett, the committee approved a motion in support of adding $26.145 million to the governor's budget for the purpose of increasing indigent representation funding. Legislative Updates airs each week on the TBA’s Facebook page. It is also released as a podcast on the same day and can be found on the TBA’s website or wherever you listen to podcasts.

Posted by: Julia Wilburn on Mar 29, 2024

In a new episode of the American Bar Association's (ABA) Business Law podcast "Path to the Bench," Davidson County Chancellor Anne Martin speaks about her journey, finding fulfillment in the law and the role of a judge. She also discusses the importance of mentorship and paying it forward in one’s career.

Posted by: Julia Wilburn on Mar 29, 2024

"An Overview of the Corporate Transparency Act: New Reporting Requirements That All Lawyers Must Know" is now available to watch on demand. This one hour CLE credit program, presented by Vincent Schilleci III of Maynard Nexsen, provides an overview of the federal law, which went into effect Jan. 1, including basics, analysis and application.

Posted by: Jamie Rhode on Mar 29, 2024

Thank you for your continued support of our Local Government Practice Section. As a reminder, our annual forum will take place virtually on May 23. We expect to include an ethics hour and have sessions on public records, contracts, and parliamentary procedures. You won't want to miss this informative program, especially since your section membership includes a discount on all Local Government-sponsored CLE!

In the meantime, you don’t have to wait to connect with colleagues: the section directory is a great resource for meeting other in-house attorneys or for referrals. We hope you attend the upcoming forum, and if you have thoughts or ideas for future section initiatives, please don’t hesitate to reach out to TBA staff coordinator Jamie Rhode.

Posted by: Jamie Rhode on Mar 29, 2024

TBA's Local Government Practice Section will host its annual forum virtually on May 23. Topics are expected to include parliamentary procedure updates, public records and contracts. Registration will open soon, so keep an eye on the course webpage as more information is announced!

Posted by: Julia Wilburn on Mar 28, 2024

The Administrative Office of the Courts (AOC), as well as all courts and state offices, will be closed March 29 in observance of the Good Friday holiday. Many city and county offices across the state also are closed.

Posted by: Stacey Shrader Joslin on Mar 28, 2024

The Tennessee Innocence Project will host an event on April 18 in Chattanooga highlighting the work of the organization. Roger Dickson with Miller & Martin and Andrea Hayduk with the Hamilton County Public Defender’s Office will discuss the mission of the Tennessee Innocence Project and attendees will hear from exoneree Joyce Watkins, who spent 27 years in prison for a crime she did not commit. Wine, beer and light hors d’oeuvres will be served. View the invitation and RSVP here.

Posted by: Stacey Shrader Joslin on Mar 28, 2024

The Judicial Conference of the United States has authorized the appointment of a full-time U.S. magistrate judge for the Eastern District of Tennessee at Chattanooga. The district court is now accepting applications for the position, which will serve a term of eight years. Application forms are available on the court’s website or may be obtained from the court clerk’s office. Applications must be saved as a pdf and emailed to Human_Resources@tned.uscourts.gov no later than 5 p.m. EDT on April 5. For more information contact Merit Selection Panel Chair Zac Greene with Miller & Martin. Read more in the court’s announcement.

Posted by: Stacey Shrader Joslin on Mar 28, 2024

Williamson County lawyer Melanie Valunas Dillender has been reinstated to the practice of law. Dillender had been on inactive status since Jan. 3, 2007. The Board of Professional Responsibility reviewed the reinstatement petition and reported to the Tennessee Supreme Court that it was satisfactory. The court issued the reinstatement order today and made the action retroactive to March 22.


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