The Tennessee Supreme Court has ruled that the Tennessee Health Care Liability Act applies to a lawsuit based on theories of medical battery and intentional misrepresentation against health care providers for injuries arising from a surgical procedure. The justices unanimously agreed in Donna Cooper et al. v. Dr. Mason Wesley Mandy et al. that, under the language of the act, it applies to all claims alleging that a health care provider caused an injury that related to the provision of health care services, regardless of the theory of liability. Read more on the case and the high court’s ruling from the Administrative Office of the Courts.

The Senate Ethics Committee today voted to recommend the expulsion of Sen. Katrina Robinson, D-Memphis, after determining she violated the Senate code of ethics, the Commercial Appeal reports. Robinson is awaiting a March sentencing date for two federal fraud charges related to the mismanagement of federal funds in connection to her leadership of a nursing school. Lt. Gov. Randy McNally, R-Oak Ridge, said the hearing was “fair and deliberative” and considered her “explicit legal status” and ethical and moral failings indicative in the charges against her.” He expressed hope that Robinson would voluntarily step down. Robinson had requested a delay of the hearing earlier this week and argued, despite the conviction, that her federal case has not yet concluded. The recommendation will receive a full Senate vote, but it is unclear when that might happen.

TBA Director of Public Policy & Government Affairs Berkley Schwarz and Adams and Reese attorney and TBA lobbyist Brad Lampley are back for a third season of the TBA’s Legislative Updates show. Each week of the Tennessee General Assembly’s session, Schwarz and Lampley will give viewers a breakdown of TBA-sponsored measures or bills the association is watching. Joining the show this season is Adams and Reese attorney, Ashley Harbin, who is assisting in the TBA’s lobbying efforts. Legislative Updates airs every Thursday on the TBA’s Facebook page. It is also released as a podcast on the same day and can be found on the TBA’s website or wherever you listen to podcasts.  

The Tennessee Supreme Court yesterday appointed five individuals to two of its commissions. First, it appointed Court of Appeals Judge Carma McGee to the Advisory Commission on the Rules of Practice and Procedure effective today. She replaces Court of Appeals Judge Steven Stafford. The court also appointed four new members to the Access to Justice Commission. They are: Sara E. Barnett with Spragins, Barnett & Cobb in Jackson; Lindsay Frilling with the Obion County Joint Economic Development Corporation in Union City; Adolpho A. Birch III, chief legal officer for the Tennessee Titans in Nashville; and Kendra Mansur with the Tennessee Valley Authority in Chattanooga. They replace J. William “Bill” Coley, Mary Jo Middlebrooks and Beverly Watts, who are not eligible for reappointment, and Sean Hunt who died. The new members will take their seats April 1. Read more about the appointees.

Lonnie T. Brown Jr., a law professor at the University of Georgia School of Law, has been named dean of the University of Tennessee College of Law and the Elvin E. Overton Distinguished Professor of Law, the school announced today. He will begin July 1. Brown currently serves as the Josiah Meigs Distinguished Teaching Professor and A. Gus Cleveland Distinguished Chair of Legal Ethics and Professionalism at Georgia. He previously served as an associate dean for academic affairs at the law school and an administrative fellow in the office of the senior vice president for academic affairs and provost. He joined the Georgia School of Law in 2002 after serving as an assistant professor at the University of Illinois College of Law and a visiting assistant professor at Vanderbilt University Law School in 1998. He was with Alston & Bird in Atlanta from 1991 to 1999. Brown received a bachelor’s degree in English from Emory University in 1986 and a law degree from Vanderbilt University Law School in 1989. He will replace Doug Blaze who has been serving as interim dean since July 2020.

Rutherford County native Ben Hall “Trey” McFarlin III has announced he will run for General Sessions Judge Part I, the judgeship to which he was appointed by the county commission last August, the Murfreesboro Post reports. McFarlin is a third-generation judge, following in the footsteps of his grandfather, Ben Hall McFarlin Sr., who served as a Rutherford county judge and county executive, and his father, Ben Hall McFarlin Jr., who served as the previous general sessions judge. McFarlin began his practice at Burger, Scott & McFarlin in 2001, and was a general practice trial lawyer for 20 years prior to his appointment to the bench. He is a graduate of the University of Memphis School of Law.

Studies seem to indicate that simple measures of productivity that have worked in the past may not be the right assessment tools for hybrid work. Jaime Teevan, chief scientist at Microsoft, makes the case in the Harvard Business Review that managers should expand the way they think about productivity to include elements such as well-being, social connections, collaboration and innovation. Though traditional measurements show that productivity has remained high with at-home work, those metrics do not tell the whole story, she says. Employees report working longer hours, feeling overworked and exhausted, and losing connection to coworkers. Teevan argues these negative impacts can be moderated with a better understanding that remote and in-person work have different advantages and disadvantages. Rather than expect the same outcomes from each, we should focus on what makes them unique and prioritize those elements.

The U.S. Bankruptcy Court for the Western District of Tennessee is accepting applications for a one-year clerkship (with a possible extension not to exceed four years) in its Memphis office. The law clerk will work with Judge M. Ruthie Hagan to perform legal research, draft legal documents, review motions and petitions, brief judges and assist during court proceedings. Applicants must be graduates of an accredited law school and have one of the following attributes: standing within the upper third of the law school class, experience on the editorial board of a law review, LLM degree, or proficiency in legal studies equivalent to one of these characteristics. Applications are due Feb. 18. The job will start on Aug. 29. Learn more about the position and how to apply in this job announcement.

YWCA Nashville & Middle Tennessee will present “Stand Against Racism: The Importance of HBCUs and MSIs” on Jan. 25 from noon to 1 p.m. CST. The program will explore the role historically black colleges and universities and minority serving institutions play in preparing underrepresented students for graduate and professional school and creating a diverse workforce. Register to attend.

The Tennessee Department of Revenue will hold its next free webinar on state tax issues on Jan. 25 at 9 a.m. CST. This session will focus on recent changes to the Tennessee Taxpayer Access Point (TNTAP) tax filing website and tips for navigating the site. Participants will have the opportunity to ask questions of department staff. Register here.