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Posted by: Azya Thornton on Oct 25, 2024

Legal Aid Society of Middle Tennessee, Belmont Law, TBA YLD, the Davidson County Criminal Clerk’s Office and Tennessee Justice Center are partnering for two expungement clinics on Nov. 9 from 10 a.m. to 1 p.m. CST. One will take place at Belmont Law while the other will take place at the Tennessee Justice Center. The clinics are part of the Capitol City Pro Bono challenge. Volunteers are needed at both locations. Sign up using this form. Contact squintero@las.org or ginny.blake@belmont.edu with questions.

Posted by: Azya Thornton on Oct 24, 2024

NALBANDIAN, Circuit Judge. Multiple times, Michael Walden applied for a manufacturing job with General Electric (GE). Multiple times, he failed required tests. When he didn’t get the job, he sued GE for age discrimination. Walden also sued his union, alleging unfair representation in his challenges to the company’s hiring decisions. GE and the union both point to the failed tests to explain their dealings with him. The district court granted summary judgment for GE and the union. We affirm.

Posted by: Azya Thornton on Oct 24, 2024

This appeal arises out of a contract dispute between Lakeway Real Estate2, LLC f/k/a Lakeway Real Estate, LLC (“Lakeway”), and ERA Franchise Systems, LLC f/k/a ERA Franchise Systems, Inc. (“ERA”). Lakeway filed a complaint in the Chancery Court for Jefferson County (the “trial court”) seeking declaratory relief and a ruling that a noncompete provision within a Franchise Agreement (the “Agreement”) is unenforceable as a matter of law. ERA moved to dismiss the complaint, arguing the Venue and Jurisdiction clause (the “Clause”) of the Agreement makes the trial court an improper venue. The trial court granted ERA’s motion to dismiss. Because the Clause, when read in context with no disproportionate emphasis on one portion, provides permissive, but not mandatory, jurisdiction and venue in New Jersey, we reverse.

Posted by: Azya Thornton on Oct 24, 2024

Lonnie Elmore (“Decedent”) died on July 5, 2020, a few weeks after being treated by Travis Mills, CRNA, (“Mills”) an employee of Lakeway Regional Anesthesia Services, PLLC (“Lakeway”) (collectively “Defendants”) and Angelo J. Sorce, M.D., (“Sorce”), an employee of Tennessee Valley Orthopaedics, LLC (“TVO”).1 On July 2, 2021, Robert Elmore, as Executor of the Estate of Lonnie Elmore, (“Plaintiff”) sent pre-suit notice to Defendants. Relying on the 120-day extension provided for by Tenn. Code Ann. § 29- 26-121(c), Plaintiff filed his complaint alleging wrongful death on November 1, 2021, in the Circuit Court for Jefferson County (“the Trial Court”). Defendants filed a motion to dismiss, pursuant to Tennessee Rule of Civil Procedure 12.02(6), claiming that the accrual of Plaintiff’s cause of action arose no later than June 21, 2020, and Plaintiff, accordingly, provided pre-suit notice past the one-year statute of limitations, rendering his complaint untimely. The Trial Court denied Defendants’ motion to dismiss. This interlocutory appeal, pursuant to Tennessee Rule of Appellate Procedure 9, followed. Discerning no reversible error, we affirm.

Posted by: Azya Thornton on Oct 24, 2024

In this divorce, the husband claims the trial court erred in its classification of certain separate property and valuation of certain marital property. The trial court found that the equity held in the marital home attributable to the sale of property owned by the wife prior to the marriage had been transmuted into marital property, but then treated that property as separate despite its initial finding due to what it believed the wife’s intent would have been under an alternative set of circumstances. The husband argues this was improper. The trial court also valued certain marital property, including the home and Wife’s 401(k) retirement account, as of several years prior to the divorce proceedings. The trial court reasoned that the divorce proceedings had been delayed by the husband’s criminal proceedings and subsequent incarceration arising from his theft of funds from the wife during the marriage. Husband filed this appeal. We reverse in part, vacate in part, and remand for further proceedings.

Posted by: Stacey Shrader Joslin on Oct 24, 2024

The Nashville Arts & Business Council's Volunteer Lawyers & Professionals for the Arts (VLPA) will hold a pro bono legal clinic for the creative community on Nov. 6. The clinic for income-qualified artists, musicians and creatives will take place from 6-8 p.m. CST at the Country Music Association, 35 Music Square E, #201, Nashville 37203. Those in need of legal services can register for a 30-minute appointment. The deadline to register is Nov. 1. Lawyers who would like to volunteer for the clinic sign up here.

Posted by: Stacey Shrader Joslin on Oct 24, 2024

The Tennessee Supreme Court on Oct. 23 suspended 30 attorneys for failure to pay the annual registration fee; 20 of them also failed to file proof that client funds are held in an IOLTA-compliant account. View the fee suspension order and IOLTA suspension order. See the list of all lawyers suspended and reinstated for fee and IOLTA violations in 2024 or access all administrative suspensions dating back to 2005.

Posted by: Julia Wilburn on Oct 24, 2024

Lang Wiseman in November will join Memphis-based First Horizon from Baker Donelson's Memphis office. Law.com reports that Wiseman will come onboard as deputy general counsel and then transition to general counsel in January, on the retirement of current General Counsel Charles Tuggle. Wiseman served as deputy governor and general counsel to Gov. Bill Lee for three years. He previously was a founding partner of Wiseman Bray, counsel to the U.S. Senate Governmental Affairs Committee and a law clerk for Harry W. Wellford of the U.S. 6th Circuit Court of Appeals. He currently serves as chair of the Governor's Council for Judicial Appointments. Read more in a release from the company.

Posted by: Stacey Shrader Joslin on Oct 24, 2024

The law license of Georgia lawyer Robert Andrew Free has been transferred from disability inactive status to inactive status pending resolution of an outstanding disciplinary complaint. Free filed a petition for reinstatement on Sept. 12. Earlier this month, the Board of Professional Responsibility recommended removal of the disability status and transfer to inactive status. He will remain on inactive status until further order of the court.

Posted by: Stacey Shrader Joslin on Oct 24, 2024

Florida lawyer Diane Joyce Geller was reinstated to the practice of law in Tennessee on Oct. 16. She had been placed on inactive status more than five years ago on May 16, 2013. The Board of Professional Responsibility reviewed her petition for reinstatement and determined it was satisfactory. The Tennessee Supreme Court issued the order on Oct. 23.


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