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Posted by: Stacey Shrader Joslin on May 13, 2024

The U.S. Senate Judiciary Committee last week approved the nomination of U.S. Attorney Kevin Ritz of the Western District of Tennessee to serve on the Cincinnati-based 6th Circuit. The committee voted 11-10 along party lines, Reuters reports. Tennessee’s senior Republican senator, Marsha Blackburn, who serves on the committee, accused the White House of rushing the nomination through without meaningfully consulting her. She and other Republicans also had questioned Ritz during his confirmation hearing about an ethics complaint they said was filed against him. Ritz denied doing anything wrong and said he was unaware that a complaint had been filed.

Posted by: Stacey Shrader Joslin on May 13, 2024

This year's Federal Practice Forum, presented virtually via Zoom, will offer three sessions beginning at 9 a.m. CDT on July 26. Topics will include ADR in federal district court, ramifications of the Chevron decision, and an update on Racketeer Influenced and Corrupt Organizations (RICO) Act cases in Tennessee. Be sure to sign up by 8:15 a.m. the morning of the program to receive the link to watch by email.

Posted by: Stacey Shrader Joslin on May 13, 2024

The TBA’s Court Square Series is back with stops planned in Cookeville and Chattanooga this spring and summer. The Cookeville program will take place the afternoon of May 30 and feature a panel of three judges, Beverly Sharpe with the Board of Professional Responsibility and a legislative update with Nathan Ridley. The Chattanooga program will take place June 7 and feature Judge Marie Williams talking about courtroom best practices, Judge Barry Steelman discussing criminal law and Rob Malin providing an update on estate planning. The Court Square Series is intended to bring top speakers to local legal communities and foster relationships and collegiality among lawyers across the state.

Posted by: Laura Labenberg on May 12, 2024

The TBA YLD held its inaugural Trial College event at Belmont University College of Law in Nashville last month. The program covered a range of litigation topics including getting prepared for trial, putting together a trial notebook, prepping witnesses, conducting voir dire, and planning and presenting opening statements. It concluded with a panel of experienced judges designed to provide insights from the judicial perspective. TBA YLD President Quinton Thompson and TBA YLD Past President Billy Leslie served as host and moderator. See photos from event.

Posted by: Laura Labenberg on May 12, 2024

The TBA YLD held its inaugural Trial College event at Belmont University College of Law in Nashville last week. The program covered a range of litigation topics including getting prepared for trial, putting together a trial notebook, prepping witnesses, conducting voir dire, and planning and presenting opening statements. It concluded with a panel of experienced judges designed to provide insights from the judicial perspective. TBA YLD President Quinton Thompson and TBA YLD Past President Billy Leslie served as host and moderator. See photos from event.

Posted by: Julia Wilburn on May 12, 2024

The TBA’s 2024 Litigation Forum is a live virtual event this week on May 16. Programming will include a session covering Tennessee summary judgement, evidentiary privilege and the ethical implications of artificial intelligence from the perspective of the Board of Professional Responsibility. Speakers include Chattanooga attorney David Nagle with Legal Aid of East Tennessee, Nashville attorney Todd Presnell with Bradley Arant Boult Cummings and Tiffany Tant-Shafer with the Tennessee Board of Professional Responsibility. The program will run from 9 a.m. to 12:30 p.m. CDT.

Posted by: Julia Wilburn on May 10, 2024

Longtime Chattanooga City Court Judge Russell Bean, who served on the bench for more than two decades and retired in 2022, was honored Friday with a portrait unveiling at the Chattanooga Courthouse. Bean said he was most grateful to have had the opportunity to help young people who came before him in the courtroom, where he mostly heard traffic violations. Local 3 News has the story. See photos from the event on Facebook.

Posted by: Julia Wilburn on May 10, 2024

The Center for Biological Diversity (CBD) has filed suit against the U.S. Fish and Wildlife Service over its refusal to grant a rare southern salamander Endangered Species Act protections. The Tennessee Lookout reports that the Berry Cave Salamander, which stretches to a little over 9 inches long, has been found in only a handful of isolated caves — most in east Tennessee — where rapid growth combined with farm runoff, climate change and a legacy of contamination from old quarry mines continues to degrade the creatures’ environment. The largest known population of the salamander lives in the Mead’s Quarry Cave in Knoxville, where its numbers have shrunk by at least 60% over the last decade, according to the Southern Environmental Law Center, which is representing the CBD.

Posted by: Tanja Trezise on May 10, 2024

Appellees brought suit under the Tennessee Uniform Fraudulent Transfer Act to recover attorney’s fees incurred in attempting to collect an underlying judgment from one of the Appellants. The trial court awarded Appellees’ attorney’s fees. Because the Act does not authorize the recovery of attorney’s fees, we reverse.

Posted by: Tanja Trezise on May 10, 2024

The Estate of John A. Queener (the “Estate”), by and through Personal Representative, Carolyn Q. Junck, seeks to recover funds paid out with respect to two certificates of deposit (“CDs”) owned by the decedent, John A. Queener (the “Decedent”), at the time of his death and funds paid from the Decedent’s checking account during his lifetime. The Estate sued Jim Griffith (“Mr. Griffith”), stepson of the Decedent, and relied upon legal theories of undue influence, fraud and/or fraud in the inducement, lack of competency in the contract, and conversion. Following a bench trial, the trial court awarded the Estate $13,355.05 plus pre- and post-judgment interest against Mr. Griffith to reimburse the Estate for a number of checks that Mr. Griffith wrote from the Decedent’s checking account during the Decedent’s lifetime. The trial court denied the Estate any recovery with respect to the CDs. On appeal, the Estate and Mr. Griffith both raise issues with the trial court’s judgment. Discerning no error, we affirm.


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