Judge Joe D. Duncan, a retired presiding judge of the Tennessee Court of Criminal Appeals, died Aug. 20 at age 100. Duncan, who grew up in Scott County and received his law degree from the University of Tennessee College of Law, was known for his contributions to the legal profession and his strong family ties. He served in the military, practiced law with his brother, Congressman John James Duncan, and held various judicial positions. Duncan also was involved in community service and family gatherings throughout his life. While funeral arrangements are pending, Duncan will be buried at the family cemetery on S.R. 63 in Huntsville. The Independent Herald has this remembrance.

The Nashville School of Law (NSL) recently held its annual Recognition Dinner to honor Nashville lawyer Bill Harbison and its class of 1974. Harbison, an attorney with Sherrard Roe Voigt & Harbison and a former TBA president, was recognized for his community service and 15 years as a professor of contracts. The class of 1974 was honored for its 50th anniversary. Several members of the class attended the dinner and shared their experiences at NSL. A scholarship also was announced in honor of a deceased classmate, Kirk Scobey. Read more in the press release. See photos from the event.

The American Bar Association (ABA) has released its first guidance on how lawyers should assess potential clients under a revised ethics rule. The rule, adopted in 2023, requires lawyers to inquire into a client's situation to avoid unknowingly assisting in criminal activity. Formal Opinion 513 acknowledges the challenges lawyers may face in making these assessments and offers a step-by-step approach to help them navigate potentially risky situations. It includes questions to consider when undertaking an assessment of the representation and whether the lawyer would be assisting or furthering a crime or fraud.

Brittany Bartkowiak was recently honored by the Williamson County Bar Association for her leadership as its president for 2023-2024. The association also recently announced the members of its executive board for 2024-2025. They are President Charles Ferguson, President-elect Crystal Etue, Treasurer Amanda Bradley and Secretary Dylan Harper.

Butler Snow LLP has announced that attorney Melody McAnally will serve as chair of the Cybersecurity and Data Privacy Committee of the American Bar Association (ABA) Tort Trial & Insurance Practice Section (TIPS) for 2024-2025. McAnally is a partner at the firm and brings extensive experience in cybersecurity and data privacy law to the role, according to a press release from the firm. She will lead the committee's efforts to educate ABA members on these critical issues and promote awareness of cybersecurity, data privacy and AI-related risks. McAnally is actively involved in various professional associations, including the Tennessee Bar Association’s Construction Law Section Executive Council.

A lawsuit alleging that Tennessee's redistricting plans for the U.S. House of Representatives and state Senate amounted to unconstitutional racial gerrymandering has been dismissed by a federal judicial panel, according to WBIR News. While the panel ruled that the new maps are "consistent with a racial gerrymander,” it also found they are "consistent with a political gerrymander.” The judges found that the plaintiffs would need to provide stronger evidence that Tennessee's legislators knew the redistricting maps would harm Democratic voters, including minority voters. The court gave the plaintiffs 30 days to refile the case if they could provide stronger evidence of racial motivations. The complaint, filed in August 2023, alleged that the 2022 redistricting maps intentionally discriminated against Black voters and diluted the voting power of communities of color.

The Tennessee Supreme Court on Aug. 21 suspended 17 attorneys for failure to pay the annual registration fee; nine 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. Lawyers recently reinstated include nine who were suspended this year, 11 who were suspended in 2023, one who was suspended in 2019 and one who was suspended in 2012.

Make plans now to join colleagues for the 2024 Court of Criminal Appeals (CCA) Bootcamp on Oct. 8 from 9:30 a.m. to 3 p.m. CDT. The CCA can be unfamiliar territory for most lawyers, requiring not only thorough preparation but also mastery of oral and written advocacy. The boot camp allows lawyers to observe oral arguments in real cases, followed by analysis by counsel who will discuss preparation, tips and considerations for deciding to seek review in the court. A networking lunch will be provided to allow attendees to network with others who share this practice focus. Learn more and register here.

This is an appeal from a grant of summary judgment wherein the trial court found that the plaintiff corporations were barred, based on a prior lawsuit between the same parties, from litigating their claim that a promissory note had been procured by fraudulent inducement. The defendants in the instant case, who were the plaintiffs in the prior action, had successfully moved for summary judgment in that prior action concerning the enforcement of a promissory note against the corporations, which were the defendants in the prior action. In that action, the trial court found that the corporations had waived their fraud defense because they had neither pled fraud as an affirmative defense in their answer nor requested permission to amend their answer. The trial court ultimately held that the promissory note was enforceable and entered judgment against the corporations. On appeal in the prior action, this Court affirmed the trial court’s judgment, including its ruling that the defense of fraud had been waived. In the present action, the corporations—now plaintiffs—sought to repudiate the same promissory note, alleging that it was induced by fraud. The trial court granted the defendants’ motion for summary judgment based on the doctrines of res judicata and collateral estoppel, as well as expiration of the applicable statute of limitations. The plaintiff corporations have appealed. Discerning no reversible error, we affirm the trial court’s judgment.

MURPHY, Circuit Judge. Automobile insurance policies commonly insure both a covered vehicle and a “temporary substitute” if the covered vehicle is in the shop for repairs. See 8A Jordan R. Plitt et al., Couch on Insurance § 117:61 (3d ed.), Westlaw (database updated June 2024). This case requires us to interpret the phrase “temporary substitute” in an insurance policy governed by Kentucky law. Donna Vanek worked for a construction company that had insured two trucks, including a Ford F-250, through Ohio Casualty Insurance Company. Vanek would occasionally drive the F-250, but she typically used her own Kia Optima for much of this work. She was driving her Kia with her young nephew to pick up paint for a job when a semitruck recklessly struck her car and killed both occupants. At the time of this tragic accident, the company’s Ford F-250 was in a repair shop. The estates of Vanek and her nephew thus sued Ohio Casualty, claiming that the Kia qualified as a covered “temporary substitute” for the F-250.