Tennessee Supreme Court Extends Favorable Termination Standard

The Tennessee Supreme Court in a ruling released Friday extended the favorable termination standard to claims for malicious prosecution only if an objective examination, limited to the documents disposing of the proceeding or the applicable procedural rules, indicates the termination of the underlying criminal proceeding reflects on the merits of the case and was due to the innocence of the accused. Read the full ruling.

Barnes & Thornburg Opens Nashville Office

Indianapolis-based Barnes & Thornburg LLP has opened a Nashville office to be anchored by five partners: capital markets partners Jay H. Knight and Taylor K. Wirth; health care partners J.D. Thomas and Elisa Harris; and white collar litigation partner Joy Boyd Longnecker. Knight, who also will serve as partner-in-charge of the office, and Wirth previously were with Bass Berry & Sims. Thomas was with Holland & Knight (formerly Waller Lansden Dortch & Davis). Harris previously was in house general counsel for Contessa Health and Wayspring. Longnecker was with Baker Donelson. The office will temporarily reside in the Moore Building, 827 19th Ave., Ste 930, Nashville 37203 with plans to move into permanent space next year.

Jay Knight

TurboTax Users to Receive Payout for Illicit Charges

Low-income consumers who were eligible to file their taxes for free with TurboTax but were deceived into paying for the service will receive payouts from parent company Intuit, Tennessee Attorney General Jonathan Skrmetti announced today. The company has agreed to a $141 million multistate settlement benefiting 4.4 million consumers. Tennessee will receive at least $3.7 million to pay more than 120,300 consumers. Eligible consumers will be contacted by email about the settlement. Checks are expected to be mailed out starting next week. For more information about the settlement visit www.AGTurboTaxSettlement.com.

New AI Platform from Legal Research Company LexisNexis

LexisNexis has released a new platform for case research and document drafting called Lexis+ AI. Like ChatGPT, the AI responds in a matter of seconds to prompts and can draft summaries, legal documents and communications. The platform also provides citations, including relevant caselaw, authorities and guidance, and allows users to copy and save generated text entries into separate folders. The ABA Journal reports that Thomson Reuters, parent company of Westlaw, pledges to invest $100 million per year in new technology and will integrate generative AI into its products later this year.

Juneteenth Now Official Holiday in Tennessee

Juneteenth is now an official state holiday in Tennessee following Gov. Bill Lee signing a new bill into law on May 5, News 9 reports. The bill was sponsored by Rep. William Lamberth, R-Portland, and Sen. Jack Johnson, R-Franklin. Juneteenth was made a federal holiday in 2021. Juneteenth, also known as Freedom Day, commemorates the day in 1865 when Union soldiers arrived in Galveston, Texas, and ordered freedom for the enslaved people of the state two months after the end of the Civil War.

Photo: Getty Images

Former Gibson County Recovery Court Coordinator Indicted

An investigation by the Tennessee Comptroller’s Office has resulted in the indictment of Monica Bridges, who served as the full-time coordinator of the Gibson County Recovery Court from October 2019 until her resignation in September 2022. The investigation began after citizens reported questionable time-reporting practices and other concerns about the court’s operations. The court allows non-violent offenders with substance abuse issues to obtain treatment while under close legal and clinical supervision. Investigators determined that Bridges received at least $25,425.25 in improper wages and payroll benefits. This includes at least $20,760.22 in unearned compensation for 1,156.24 hours she did not work; $1,665.04 in prorated matching benefits and payments for Medicare and Social Security costs incurred by the county; and $2,999.99 in supplemental pay that she did not earn.

Research Examines How to Get More People to Show Up for Court

Failure to show up for court has serious consequences for individuals and the court system as a whole, and the reasons may be as mundane as lack of transportation, family obligations or simply forgetting to appear. Jurisdictions throughout the country are seeking ways to get more people through the courthouse doors. The North Carolina Court Appearance Project was created by court stakeholders in New Hanover, Robeson and Orange counties, with technical assistance support from The Pew Charitable Trusts and the University of North Carolina School of Government Criminal Justice Innovation Lab. In August 2021, each county convened a group of judges, prosecutors, public defenders, clerks and members of law enforcement to study nonappearance rates and root causes and to propose solutions. Pew Trusts has published a summary of the findings.

TBI Working to Clear Court Case Backlog Linked to Criminal Records

The Tennessee Bureau of Investigation is working to clear a backlog of 230,000 court case dispositions that have not yet been linked to criminal records in the state’s background check system, which is used for prospective gun buyers, officials said. The gap means some individuals could potentially have a criminal conviction that would disqualify them from buying a gun, but the case may not show up in a background check. According to the Tennessean, while many states solely use the federal background check system, Tennessee is one of 13 states that conduct their own background checks using state and federal records.

U.S. News to Release Law School Rankings Thursday

Nearly six months after law schools began boycotting the U.S. News & World Report "Best Law Schools" rankings and a month after the planned release date of this year’s data, new rankings will be released Thursday, Above the Law reports. The rankings were supposed to be released on April 18 but were pushed to April 25 due to an “unprecedented number of inquiries from schools” about errors in the preliminary data and were later further delayed.

Special Legislative Session Called for Aug. 21

Gov. Bill Lee has announced that the Tennessee General Assembly will convene for a special legislative session focused on public safety on Aug. 21. A press release from Lee's office states, in part, “There is broad agreement that action is needed, and in the weeks ahead, we’ll continue to listen to Tennesseans and pursue thoughtful, practical measures that strengthen the safety of Tennesseans, preserve Second Amendment rights, prioritize due process protections, support law enforcement and address mental health.” Tennesseans are encouraged to share their feedback using this form.

Rep. Gant Recovering from Heart Attack

Rep. Ron Gant, R-Rossville, has undergone surgery following a heart attack, according the House Republican Caucus. Gant, who is still recovering from injuries to his arms and hip sustained in a car wreck in October, had a stent placed in a blocked artery. Updates on his condition are available via his Facebook page.

Report: Justices Fail to Recuse in Publishing Cases

U.S. Supreme Court Justices Sonia Sotomayor and Neil Gorsuch failed to recuse themselves when considering cert petitions involving their book publishers, the ABA Journal reports. Sotomayor received over $3 million in advance payments between 2010 and 2012 from Penguin Random House. Her disclosure forms also show nearly $500,000 in book royalties and advances from 2017-2021. Penguin had cases before the court in 2013, 2019 and 2020. Gorsuch reported earnings of $655,000 on his book published in 2019 according to financial disclosure for 2018, 2019 and 2020. He did not recuse himself from considering a cert petition in a recent case, according to the Journal. In related news, an article today from SCOTUSblog has information about all of the justices’ 2023 financial disclosures.

Photo: Associated Press

Pulitzer Prize Winner Reviewed in Bar Journal

Barbara Kingsolver's novel Demon Copperhead yesterday was awarded the Pulitzer Prize for fiction. Strawberry Plains attorney Dawn Coppock reviewed this powerful story focusing on the child welfare system in the March/April issue of the Tennessee Bar Journal.

LAS to Offer Clinic for Stalking Victims

The Legal Aid Society (LAS) will host a free clinic May 16 from 4:30-6:30 p.m. CDT for victims of stalking or harassment. The event will take place at the Nashville Family Justice Center, 610 Murfreesboro Pike, Nashville 37210. Metro Police will be on hand to check cars for tracking devices while lawyers will offer legal advice. Those who plan to attend should bring emails, text messages, photos or anything else that depicts the harassment. Download a flyer for the clinic.

Hawkins County Lawyer Remembered as Longest-Serving County Attorney

James "Jim" O. Phillips III of Rogersville died April 18 at the age of 78. A veteran of the Vietnam War, Phillips earned his law degree from the University of Tennessee College of Law. He opened a law office in Rogersville and also served as the Hawkins County attorney for 36 years, the longest serving in county history. Phillips served as president of the Rotary Club of Rogersville and was an elder at Rogersville Presbyterian Church. Memorials donations may be given to the Hawkins County Imagination Library, P.O. Box 512, Rogersville, TN 37857 or the Hawkins County Humane Society, 5180 US-11W, Rogersville, TN 37857.

Shelby County Lawyer Censured

Shelby County lawyer Robert Sadler Bailey Jr., received a public censure yesterday from the Tennessee Supreme Court for failing to hold disputed funds in a trust account until the dispute was resolved. The court determined that Bailey violated Rule of Professional Conduct 1.15(e).

Accounting 101: An Attorney's Crash Course in Understanding Financial Documents

What is ROI? How is a general ledger different from a balance sheet? What is an SEC Form 10-K? This webcast program on May 17 from noon-1 p.m. CDT will cover the essential principles of accounting that attorneys should know, including how accounting can be crucial to certain cases, how to read and understand key financial documents (like balance sheets and profit and loss statements), and how to know which financial questions you should be asking your clients, as well as which documents you need from clients and opposing counsel. Learn more and register here.

Join Your Colleagues for Part 2 of International Law Forum

The TBA International Law Section will host the second half of its annual forum live in Nashville on June 2 at 1212 Germantown from 1:30-3:45 p.m. CDT. Participants can earn two general CLE hours. The first session will feature attorney Larry Harrington discussing international business practices in South America, while the second session will focus on foreign direct investment with Jim Hollingshad, senior advisor for economic and business affairs with the Consulate-General of Japan. A networking reception will immediately follow the forum from 3:45-5 p.m., which is open to all International Law Section members in addition to forum registrants. Register here.

Local Government Forum Rescheduled for May 22

The TBA’s Local Government Forum, originally scheduled for this week, has been postponed to May 22. The virtual program presented via Zoom will begin at 8:30 a.m. CDT that day. This year’s program will feature a legislative update as well as sessions covering school resource officers, sovereign citizens and annexation. Learn more or register here.

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Turn Your Expertise into a 'Journal' Article

The Tennessee Bar Journal is accepting submissions for publication, so consider writing an article for the TBA’s bi-monthly magazine. Articles should be of interest to Tennessee attorneys — you could detail a new state law or a complicated area of law, or take a larger issue and connect it to what it means for Tennessee attorneys and the justice system. Find a global issue within your particular experience or knowledge and tell about it and how it affects Tennessee law. Take a look at the writer’s guidelines, then write it and send it in!

Chancellor Rambo to Receive the 2023 Judge Pamela L. Reeves Tennessee Professionalism Award

Chancellor John C. Rambo of Jonesborough will be honored next month at the TBA Annual Convention with the Judge Pamela L. Reeves Tennessee Professionalism Award from the Tennessee Bar Association and the Tennessee American Inns of Court. The award is named in honor of the late Judge Reeves, who was also the first recipient of the award in 2020. Chancellor of the First Judicial District, Rambo practiced law in Northeast Tennessee for 19 years before assuming the chancery court bench in 2013. Attorneys who have practiced in his court note that Rambo is dedicated to the highest standards of the rule of law and of the legal profession in Tennessee. His nominator, Mark W. McFall, says that “Chancellor Rambo possesses the ideal judicial temperament, patience with lawyers and litigants, and a true desire to mete out equity and justice in his rulings and opinions.”

Reception at Neyland Stadium Highlights Social Events at TBA Convention

Attendees at the TBA Annual Convention this summer in Knoxville will visit the new social deck at Neyland Stadium for a joint Bench/Bar Reception. The event will take place June 15 from 7 to 9 p.m. EDT and will feature a variety of food stations, refreshments and live music. Get more details and learn about other featured events during the June 14-17 convention, headquartered at the Marriott Knoxville Downtown Hotel.

Photo: WATE