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Posted by: Stacey Shrader Joslin on Sep 5, 2024

Tennessee Gov. Bill Lee says the state is working to resume executions, after an effective pause on the death penalty has continued for more than two years. Lee’s comments came during a session with reporters in Knoxville last week, WBIR reports. Among his comments, Lee said, "I think it's important that we move as quickly as we can, but take as long as we need to, to make sure we get it right. I've tasked our team with getting a protocol in place. This has to be done, it's the law of our state. We need to be in a position to fulfill that law. But as you know, if you don't have the correct protocols in place, then the outcomes are not what any of us want in this state. I suspect that we are closer than further from having a protocol in place and will be allowed then to continue that process." In April 2022, Lee paused executions moments before an inmate was scheduled to die citing issues with protocols. He then launched an independent review of the lethal injection preparation process. According to reports, the state struggled to follow its own lethal injection rules at several steps, including the chemicals' testing and storage prior to the pause. WKRN also has details of Lee's recent remarks.

Posted by: Azya Thornton on Sep 5, 2024

In this appeal of a compensation order, the employee alleges she retained a permanent impairment as a result of a fall at work and is entitled to permanent partial disability benefits. The employee alleged injuries to her neck, shoulder, and back when she slipped and fell onto a piece of machinery. The employer acknowledged the compensability of the accident and provided a panel of medical providers. Following authorized medical treatment with several providers, a spine specialist released the employee at maximum medical improvement with no permanent medical impairment rating. The employee obtained her own medical examination and sought additional medical care for her neck and treatment for her shoulder. Following an expedited hearing, the court denied the employee’s request for medical benefits related to the shoulder, determining the employee was not likely to prevail at trial in proving her shoulder complaints were primarily related to the work injury. However, the court ordered the employer to provide additional medical benefits related to her neck and lumbar spine complaints. Thereafter, the employee returned to the spine specialist, who again released her at maximum medical improvement. At trial, the court determined that the injuries to the employee’s neck and back were compensable, entitling her to future reasonable, necessary, and causally-related medical care. However, the trial court determined the employee did not prove that she retained any permanent disability as a result of the work accident and denied her claim for permanent disability benefits. The employee has appealed. After careful consideration of the record, we affirm the trial court’s order and certify it as final.

Posted by: Azya Thornton on Sep 5, 2024

A pro se litigant brought suit against the State of Tennessee in the Tennessee Claims Commission, where his suit was dismissed for a lack of jurisdiction and a failure to abide by the statute of limitations. We hold that the appellant has waived all issues on appeal by failing to set forth a legal argument, and we affirm the judgment of the Claims Commission.

Posted by: Azya Thornton on Sep 5, 2024

KAREN NELSON MOORE, Circuit Judge. Three Kentucky Republican Party county executive committees challenge the Kentucky Registry of Election Finance’s prohibition on expending funds in support of a state constitutional amendment on the November general- election ballot. The district court denied the executive committees’ application for a preliminary injunction. The executive committees seek an injunction pending appeal of the preliminary- injunction decision. Because we conclude that the executive committees are likely to succeed on the merits of their First Amendment claim, we grant the injunction pending appeal and order expedited briefing on the appeal of the denial of the executive committees’ motion for preliminary injunction.

Posted by: Azya Thornton on Sep 5, 2024

A pro se litigant brought suit against the State of Tennessee in the Tennessee Claims Commission, where his suit was dismissed for a lack of jurisdiction and a failure to abide by the statute of limitations. We hold that the appellant has waived all issues on appeal by failing to set forth a legal argument, and we affirm the judgment of the Claims Commission.

Posted by: Stacey Shrader Joslin on Sep 5, 2024

The Tennessee Worker’s Compensation Appeals Board will hear three cases on Oct. 1 in Knoxville. Oral arguments will start at 9 a.m. EDT. The cases are: Gary Dingus v. Grand Piano and Furniture Co., in which the trial court denied a defense of willful failure to wear a safety device; John Oldham v. Freeman Webb Realtors, in which the trial court awarded permanent total disability after applying the direct and natural consequences rule; and Bibiane Francoeur v. Amerimed Medical Solutions LLC, in which the trial court awarded temporary disability benefits for an employee who was under a “no-driving” restriction but was not provided with transportation to work.

Posted by: Azya Thornton on Sep 5, 2024

In this appeal of a compensation order, the employee alleges she retained a permanent impairment as a result of a fall at work and is entitled to permanent partial disability benefits. The employee alleged injuries to her neck, shoulder, and back when she slipped and fell onto a piece of machinery. The employer acknowledged the compensability of the accident and provided a panel of medical providers. Following authorized medical treatment with several providers, a spine specialist released the employee at maximum medical improvement with no permanent medical impairment rating. The employee obtained her own medical examination and sought additional medical care for her neck and treatment for her shoulder. Following an expedited hearing, the court denied the employee’s request for medical benefits related to the shoulder, determining the employee was not likely to prevail at trial in proving her shoulder complaints were primarily related to the work injury. However, the court ordered the employer to provide additional medical benefits related to her neck and lumbar spine complaints. Thereafter, the employee returned to the spine specialist, who again released her at maximum medical improvement. At trial, the court determined that the injuries to the employee’s neck and back were compensable, entitling her to future reasonable, necessary, and causally-related medical care. However, the trial court determined the employee did not prove that she retained any permanent disability as a result of the work accident and denied her claim for permanent disability benefits. The employee has appealed. After careful consideration of the record, we affirm the trial court’s order and certify it as final.

Posted by: Stacey Shrader Joslin on Sep 5, 2024

Shelby County Chancellor Melanie Taylor Jefferson will hear initial arguments in the Memphis City Council’s suit to include gun referendum questions on the November ballot later this month, the Daily Memphian reports. The hearing, set for Sept. 16, will test whether the council may proceed with plans to include the ballot questions despite guidance from Tennessee Elections Coordinator Mark Goins and Secretary of State Tre Hargett that the ballot additions would illegally preempt state law. The council sued over that decision last week.

Posted by: Stacey Shrader Joslin on Sep 5, 2024

The Belmont University College of Law’s Law Review will host its annual fall symposium later this month. The 2024 event, set for Sept. 27 from 8 a.m. to 4 p.m. CDT, will focus on “Contemporary Issues in Technology and the Law.” Speakers include U.S. practioners, including three from the Nashville area, as well as from New Zealand. The cost of $20 includes a breakfast and lunch. Learn more or register here.

Posted by: Stacey Shrader Joslin on Sep 5, 2024

The TBA Young Lawyers Division (YLD) is planning its first expungement clinic in Campbell County on Sept. 14. The group will be partnering with the Legal Aid Society to expunge criminal records. The event will take place from 9 a.m. to noon EDT at the Campbell County Justice Center. Volunteer attorneys are needed and should plan to arrive by 8:30 a.m. for an orientation. Experts will be on site to help guide volunteers and answer any questions. To assist, please email Tomi Robb.


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