Thursday, June 11, 2020

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June TBJ: Divided Supreme Court Upholds Constitutionality of Noneconomic Damage Caps

The Tennessee Supreme Court earlier this year upheld the constitutionality of the noneconomic damage cap provisions of the Tennessee Civil Justice Act of 2011, which is the subject of the June Tennessee Bar Journal's cover story by Bailey Barnes. The court’s analysis primarily centered on the constitutional right to a trial by jury. The justices split on whether the General Assembly maintains the authority to alter or abridge the state’s common law when doing so affects a constitutional right. Read this and the rest of the issue here.

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Restitutionary Disgorgement, Voting History and Senior Clients

Also in this issue, a story by Linda Sue Nicklos explains and asks if Tennessee will adopt restitutionary disgorgement. And we begin a two-part series by Cody Brandon detailing the history of the right to vote in Tennessee. He covers the years 1796 to 1869 in this installment. Next month, we'll learn about the state's voting history from 1870. The issue also includes a column by Matt and Kelly Frere about why seniors as clients are different during a state of emergency

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What a Difference a Year Makes!

 "I challenge you to think back one year," Sarah Y. Sheppeard writes in her final column as TBA president. "What would you have predicted for June 2020? I will be the first to admit that my plans for this TBA bar year did not include coping with a global pandemic. Neither did I envision working from home for weeks, wearing a mask to the grocery store or not being able to meet in person with a client." And yet, here we are! Sheppeard writes about the big difference a year makes, and invites all to the TBA convention, which is free and includes eight amazing hours of CLE. The issue also includes a review by John P. Williams of the book, Lincoln's Last Trial: The Murder Case that Propelled Him to the Presidency.

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What's Next?

We should know better than to try and predict "what's next," if the last few months are any indication, but we do know you'll be getting a Tennessee Bar Journal next month, and we can even tip you off about some of what's in it. For starters, we'll have the second half of that "Short History of the Right to Vote in Tennessee's Constitutions and Court," plus we'll be focused on the celebration of the 100th anniversary of the ratification of the 19th Amendment. Our criminal law column takes a look at Michael Flynn and motions to dismiss. And because summer is always a good time for fiction, we have a short story, too!

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Convention Programming Free for TBA Members

All programming is FREE for TBA members at next week's 2020 Virtual Convention. Register now to ensure your seat at up to eight hours of CLE programming, as well as roundtable discussions for law firm managing partners, in-house counsel, general practice lawyers and those interested or involved in diversity and inclusion. Also, don't miss the virtual gatherings for law school alumni. 


Fastcase is the Presenting Sponsor of TBA's 2020 Virtual Convention!

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