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Posted by: Tanja Trezise on Mar 11, 2024

This case involves a petition for judicial review filed pursuant to the Tennessee Public Records Act, Tenn. Code Ann. § 10-7-503, et seq., after the Shelby County Sheriff and the District Attorney General denied a journalist’s request to inspect surveillance video from inside a jail facility. The chancery court denied the petition. The journalist appeals. We affirm.

Posted by: Tanja Trezise on Mar 11, 2024

Mother appeals the termination of her parental rights to one of her children. The trial court found seven grounds for termination: abandonment by failure to support; persistent conditions; severe child abuse; imprisonment for more than two years; failure to visit; failure to manifest an ability or willingness to assume custody; and a risk of substantial harm. The trial court also determined that termination was in the child’s best interest and terminated Mother’s parental rights. Mother raises procedural and substantive challenges to the trial court’s best interest determination but does not challenge the grounds for termination. Conducting a Carrington review, we conclude the trial court erred in finding some of the aforementioned grounds for termination. Nevertheless, because clear and convincing evidence supports at least one of termination grounds and the conclusion that termination is in the child’s best interest, we affirm the trial court’s termination of Mother’s parental rights.

Posted by: Tanja Trezise on Mar 11, 2024

In this appeal, the employer asks whether an employee can voluntarily dismiss a pending claim when the employer also filed a petition for benefit determination. The employee reported sustaining injuries while pulling a pallet jack, and the employer provided certain workers’ compensation benefits. The employer later denied medical treatment, and the employee filed a petition for benefit determination. Subsequently, the parties engaged in mediation and came to an agreement regarding certain issues, and the mediator prepared a dispute resolution statement. Several months later, the employer filed its own petition for benefit determination seeking to move the claim to resolution. When the parties were unable to fully resolve the claim, a dispute certification notice was issued. The trial court entered a scheduling order that, among other things, set a deadline for expert proof. Shortly after that deadline passed, the employee filed a notice of voluntary dismissal, to which the employer objected. Initially, the trial court denied the employee’s attempt to dismiss her case, noting that the employer had filed the petition for benefit determination. Upon reconsideration, the court noted the employee’s initial petition for benefit determination was inadvertently omitted from the trial court’s record. Because the employee had filed the initial petition, the court allowed the employee to voluntarily dismiss her claim without prejudice. The employer has appealed. Upon careful consideration of the record and the arguments of counsel, we affirm in part and vacate in part the trial court’s order and remand the case.

Posted by: Stacey Shrader Joslin on Mar 11, 2024

The Belmont University College of Law’s Legal Aid Society is holding a golf tournament on April 5 from noon to 5 p.m. CDT at the Towhee Golf Club in Spring Hill. Money raised during the "Putt for Pro Bono" tournament will be awarded to law students who commit their summers to working in unpaid, public interest internships. The event also will include a special silent auction item: a private five-course dinner with wine pairings for a group of up to eight people. Get more information or register here. Email fundraising chair Brooke Wanser with any questions.

Posted by: Laura Labenberg on Mar 11, 2024

The TBA Young Lawyers Division (YLD) has launched its inaugural Diversity Law Week with activities planned this week in Chattanooga, Nashville, Memphis and Knoxville. Under the leadership of YLD President Quinton Thompson and Diversity Law Week Co-Chairs Ariel Anthony, Kevin Christopher and Erin Shackelford, the program is set to provide more than 100 students from across the state an invaluable educational journey into the legal profession. This week's programming includes shadowing legal experts, immersive experiences at law school campuses and observations of local court proceedings. Special thanks is extended to the more than 50 volunteer lawyers and judges who are dedicating their time to provide high school students with this unique opportunity and to the venues that are hosting students in each city. Read more about the program and see photos from Chattanooga's first session.

Posted by: Stacey Shrader Joslin on Mar 11, 2024

The American Bar Association (ABA) has released a comprehensive set of data on bar passage outcomes for ABA-approved law schools. The new data shows that in the aggregate, 90.40% of 2021 law graduates who sat for a bar exam passed it within two years of graduation. That percentage is down from the 91.85% figure for 2020 graduates. The data also shows that first-time takers in 2023 achieved an aggregate 79.18% pass rate, an increase from the 78.15% pass rate for 2022. Additional data shows aggregate results by ethnicity and gender. The information is available on the Section of Legal Education and Admissions to the Bar’s website under “Legal Education Statistics.”

Posted by: Stacey Shrader Joslin on Mar 11, 2024

The Tennessee Supreme Court on Feb. 28 issued an order suspending two Tennessee lawyers for failure to comply with CLE requirements. The order supplements an order from Aug. 17, 2023, suspending 143 Tennessee-licensed lawyers for failure to meet CLE requirements in 2022. See the full list of those suspended and reinstated, including one from the Feb. 28 order, who was reinstated last week.

Posted by: Stacey Shrader Joslin on Mar 11, 2024

The Lawyers Association for Women (LAW) Marion Griffin Chapter has announced its 2024 award recipients. The Nashville-based group will present its 2024 Martha Craig Daughtrey Award to Davidson County General Sessions Judge Robin Kimbrough Hayes, while Rachel H. Berg will receive the 2024 Rising Star Award. Hayes was elected to the bench in 2022. She previously served as an associate general counsel for the Tennessee Department of Children's Services and legal counsel for the Tennessee Coalition to End Domestic and Sexual Violence. She is a past co-chair of LAW’s Litigation and Legislation Committee and was instrumental in reinstating the group’s Diversity Essay Scholarship Contest. Berg is a staff attorney at the National Center for Lesbian Rights. She previously was in private practice in New York and Nashville, focusing on class action litigation. She also serves on the LAW Board as treasurer and has been co-chair of the group’s Mentoring/Member Development Committee.

Posted by: Stacey Shrader Joslin on Mar 11, 2024

Don Ridgeway of Paris died March 2 at the age of 76. A graduate of the University of Tennessee at Martin, Ridgeway worked in the insurance business and as a licensed funeral director. He was elected to the Tennessee House of Representatives in 1984 and served there for 18 years, holding the positions of Democratic caucus chair and chair of the Transportation and Conservation & Environment committees. After retiring from the House in 2002, Ridgeway joined the Northwest Tennessee Economic Development Council, where he served as director for 21 years. A celebration of life was held on March 7. Memorial donations may be made to Henry County Helping Hand, 2025 Auction, PO Box 22, Paris, TN 38242 or Todd Latta Junior Golf League, c/o Andy Collins, 204 W. Washington St, Paris, TN 38242.

Posted by: Stacey Shrader Joslin on Mar 11, 2024

The Tennessee Bar Association and Tennessee’s American Inns of Court are now accepting nominations for the 2024 Judge Pamela L. Reeves Tennessee Professionalism Award. The annual award is presented to a lawyer or judge whose life and practice display sterling character and unquestioned integrity, coupled with ongoing dedication to the highest standards of the rule of law and the highest standards of the legal profession in Tennessee. This year's award will be presented to a lawyer or judge residing in the West Grand Division. Nominees must be alive when nominations are submitted but they need not be an active member of an American Inn of Court or the TBA. The award will be presented at the TBA's Annual Convention, which will be held in Memphis June 12-15. The deadline for submitting nominations is April 8. See past recipients of the award.


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