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Posted by: Julia Wilburn on Aug 14, 2024

Join colleagues tomorrow from 11 a.m. to noon CDT for a webcast with attorney Jim Romer as he discusses the process of opening a University of Tennessee Medical Center in Jamestown. Register here for this unique program.

Posted by: Azya Thornton on Aug 14, 2024

International Union of Operating Engineers, AFL-CIO (the Union), which represents employees at road construction contractors, regarding subcontracting and employee wages. This matter comes before us on Rieth-Riley’s Petition for Review and the Board’s Cross-Application for Enforcement of a Final Order of the Board. We enforce the NLRB’s decision and order, hold that the President can remove the NLRB General Counsel at will, and hold that the General Counsel had unreviewable prosecutorial discretion to fashion complaints on behalf of the parties. For the foregoing reasons, we DENY Rieth-Riley’s petition for review and GRANT the NLRB’s cross-application for enforcement of its order in full.

Posted by: Azya Thornton on Aug 14, 2024

The Juvenile Court for Franklin County (“the Juvenile Court”) terminated the parental rights of Chasity R. (“Mother”) to her son, Ryan B. (“the Child”). Mother has appealed, challenging only the Juvenile Court’s finding that termination of her parental rights was in the Child’s best interest. Discerning no reversible error, we affirm.

Posted by: Azya Thornton on Aug 14, 2024

While incarcerated for first-degree murder, Appellant filed suit against Appellee, an attorney who represented Appellant during his criminal trial, for legal malpractice. Shortly after filing the complaint, Appellant filed a motion to appear for hearings by video. The trial court did not rule on the motion to appear by video and proceeded to enter several orders on other motions on the pleadings only, including an order dismissing the complaint with prejudice. Because the trial court failed to address Appellant’s motion to appear by video, we vacate specific orders of the trial court in their entirety, including the final order dismissing the complaint. The case is remanded to the trial court with instructions to consider Appellant’s motion to appear by video.

Posted by: Azya Thornton on Aug 14, 2024

This appeal concerns the termination of a mother’s parental rights with respect to her two children. The trial court concluded that three grounds for termination were established, and thereafter, it determined that it was in the best interests of the children for the mother’s rights to be terminated. Because we conclude that clear and convincing evidence supports the establishment of three grounds for termination as well as the finding that termination was in the best interests of both children, we affirm.

Posted by: Azya Thornton on Aug 14, 2024

Defendant Kavaris Javon Booker and Defendant Clifton Donnell Craig were each charged in separate indictments of first degree premeditated murder (count one), felon in possession of a firearm (count two), and aggravated assault resulting in death (count three). The trial court granted the State’s motion to join the two cases and in a joint trial, a jury convicted Defendant Booker as indicted in count two but convicted him of the lesser-included offense of facilitation of first degree murder in count one and facilitation of aggravated assault in count three. The jury convicted Defendant Craig of all the indicted charges. Defendant Booker received an effective seventeen-year sentence; Defendant Craig received a sentence of life imprisonment. In this consolidated appeal, Defendant Booker claims that the trial court denied him a speedy trial, the trial court erred in denying his motion to sever his case from Defendant Craig, and that the evidence is insufficient to support his conviction for facilitation of first degree murder. Defendant Craig likewise claims the evidence is insufficient to support his convictions and that the trial court failed to instruct the jury on the weight afforded to circumstantial evidence. Following our review of the entire record, the briefs of the parties, and applicable authority, we affirm the judgments of the trial court.

Posted by: Azya Thornton on Aug 14, 2024

A Kentucky woman, Alyssia Moulton, is suing Southern Health Partners, the medical provider for a lockup facility in Montgomery County after she was forced to give birth alone on a toilet while in solitary confinement during pretrial detention. According to Law & Crime, the federal lawsuit alleges that Southern Health Partners exhibited deliberate indifference to Moulton's medical needs, including ignoring her complaints of contractions and failing to provide adequate prenatal care. Moulton's attorney Christopher Smith commented on the suit saying, "Tennessee has one of the highest rates of female incarceration in the nation, which itself has one of the highest rates of female incarceration in the world. We hope this lawsuit shines a light on this often-overlooked social issue and raises awareness of the civil rights of pregnant inmates.”

Posted by: Azya Thornton on Aug 14, 2024

A new congressionally directed study says the federal judiciary should consider awarding monetary damages to employees who are the victims of workplace misconduct at the hands of judges, and increase transparency about how courts address worker complaints, Reuters reports. The report by the judiciary's research arm and a congressionally chartered academic institution outlines a series of proposals. Federal courts nationally are inconsistent in how they address workplace complaints and lack a comprehensive system to collect and analyze data about those cases, according to the report. The study also found that nearly 25% of courts' websites are missing required information on how employment disputes are addressed. A spokesperson for the Administrative Office of the U.S. Courts said the office is "committed to fostering an exemplary workplace," adding that a working group was assessing ways to build on recent reforms.

Posted by: Stacey Shrader Joslin on Aug 14, 2024

Personal information of hundreds of former Shelby County District Attorney’s Office employees was inadvertently distributed via email this past Monday to current employees of the office. The Daily Memphian reports that an emailed spreadsheet contained the names, birthdays and full Social Security numbers of nearly 300 former employees dating back to December 2013. It also included whether the employee was terminated and the cause for termination. The email allegedly came from someone outside of the human relations office. District Attorney General Steve Mulroy said in a statement that the technology department acted quickly to address the issue by recalling the email, identifying those who opened it and retrieving the spreadsheet. The office also is reaching out to former employees to alert them of the incident.

Posted by: Azya Thornton on Aug 14, 2024

Tennessee-based law firm Bass, Berry & Sims has announced a delay in the start date for its incoming class of associates from September to January 2025. The firm is providing stipends to affected attorneys during this period. The decision, reported by Bloomberg Law, is attributed to an uptick in transactional work, and aims to enhance professional development opportunities for both current and incoming associates. The delay follows a similar trend among other law firms that implemented similar measures during the post-pandemic economic downturn. The firm has offices in Knoxville, Memphis, Nashville and Washington, D.C.


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