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Posted by: Karen Belcher on Aug 21, 2020

CLAY, Circuit Judge. This 42 U.S.C. § 1983 action arises from a criminal investigation of Plaintiffs for a fire that occurred at their restaurant in Westland, Michigan. In Case No. 19-1882, Defendants John Adams and Michael Reddy Jr. appeal the district court’s denial of their motion to dismiss Plaintiffs’ civil conspiracy claim on qualified immunity grounds. In Case No. 19-1870, Defendant Michael Reddy Sr. appeals the district court’s denial of his motion to dismiss Plaintiffs’ civil conspiracy claim for failure to state a claim on which relief can be granted. And in Case No. 19-1857, Defendant Richard Sanchez appeals the district court’s denial of his motion to dismiss Plaintiffs’ Fourth Amendment unlawful search and seizure claim on qualified immunity grounds. For the reasons that follow, we dismiss Reddy Sr.’s appeal for lack of jurisdiction and affirm the district court’s order with respect to the other Defendants.

Posted by: Tanja Trezise on Jul 29, 2020

The Defendant, Yancey Lee Williams II, was convicted by a jury of first degree premeditated murder, for which he received a sentence of life imprisonment. On appeal, the Defendant argues that (1) there was insufficient evidence to support his conviction, specifically, challenging the element of premeditation; (2) the trial court erred by finding that he was engaged in unlawful activity and thereby omitting the “no duty to retreat” language from the self-defense instruction; (3) the prosecutor made improper and inflammatory comments regarding religion and race during closing arguments; and (4) plain error occurred when the State failed to provide pretrial documentation of a witness’s statement to law enforcement despite an order being in place directing such disclosure. After a thorough review of the record, we affirm the judgment of the trial court.

Posted by: Wade Davies on Jul 1, 2020

In Tennessee, is there ever a time when a prosecutor would not be allowed to dismiss a case after indictment? Politics aside, the controversy over the United States Department of Justice’s motion to dismiss the case against Michael Flynn presents important issues regarding the scope of authority between prosecutors and courts.

 

Posted by: Barry Kolar on Aug 30, 2019

The Tennessee Bar Association and TBA Member Insurance Solutions have combined to bring TBA members an affordable and quality association group health insurance plan. The plan provides guaranteed issue coverage, with no health questions and no pre-existing condition exclusions. Rates could be as much as 30% below what members are paying today. Open enrollment begins Oct. 1 and ends Dec. 1. Find out more now.

Posted by: Christy Gibson on Aug 27, 2014

In an effort to continue educating the legal community on well-being, the TBA Attorney Well Being Committee has posted the following resources on mindfulness:

Articles

Just Breathe: How Mindfulness & Meditation Can Ease Stress in Your Life and Law Practice

Recommended Reading, Links and Apps

Focusing on the Present by Patrick A. Palace, WSBA President, Washington State Bar Association NWLawyer:  Mindfulness and the Law

Making the Case for Mindfulness and the Law by Rhonda V. Magee, University of San Francisco Professor, Washington State Bar Association NWLawyer:  Mindfulness and the Law

Effects of Mindfulness-Based Stress Reduction on Medical and Premedical Students by Shauna L. Shapiro, Gary E. Schwartz, and Ginny Bonner, Journal of Behavioral Medicine, Vol. 21, No. 6, 1998

The Mindful Revolution:  The science of finding focus in a stressed-out, multitasking culture by Kate Pickert, Time, February 3, 2014

Mindful Lawyering by Sara Tollefson

Stress May be Killing Law Students' Brain Cells, Law Prof Says by Debra Cassens Weiss, ABA Journal, June 18, 2014

Killing Them Softly:  Neuroscience Reveals How Brain Cells Die from Law School Stress and How Neural Self-Hacking Can Optimize Cognitive Performance by Professor Debra S. Austin, Loyola Law Review, Vol. 59

Websites

Greater Good:  The Science of a Meaningful Life

The Anxious Lawyer

UCLA Mindful Awareness Research Center

Posted by: Stacey Shrader Joslin on Sep 18, 2020

The Law Department Operations Survey from the Blickstein Group is now open for 2020 input. According to Above the Law, the survey covers subjects such as the hallenges related to the coronavirus pandemic, compensation, artificial intelligence, legal services delivery models and more. A publicly available report on the survey’s findings will be published later this year. Those interested in contributing to the survey can access the online questionnaire here.

Posted by: Stacey Shrader Joslin on Sep 18, 2020

Two Nashville lawyers launched an effort today to protect consumers who have yet-to-be used gift cards for retailers that file for bankruptcy, the Tennessean reports. Bankruptcy attorney Myles MacDonald with Sto Helit and consumer attorney Thomas Burt with Wolf Haldenstein Adler Freeman & Herz announced "Project Phoenix" and filed their first class proofs of claim in the bankruptcy cases of Lord & Taylor and Sur La Table Inc. Lord & Taylor has reported at least $35.5 million in unused gift cards while Sur La Table has reported about $17.5 million. When retailers file for bankruptcy, millions of dollars in unused gift cards are often stripped of their value, the pair argue. They are asking the bankruptcy court to certify card holders a as class that can make a claim against the assets of the companies. They are also pushing companies to give cardholders more notice to spend cards.

Posted by: Karen Belcher on Sep 18, 2020

This is an appeal from a divorce proceeding. The parties were married for around thirty years, during which time the husband built a successful business and the wife was a homemaker and stay-at-home mother to the parties’ two children. After five days of trial, the trial court classified, valued, and divided the parties’ sizeable marital estate; awarded the wife alimony in futuro; and ordered the husband to pay a portion of the wife’s attorney’s fees. Both parties raise various issues on appeal. For the following reasons, we affirm the decision of the circuit court and remand for further proceedings.

Posted by: Karen Belcher on Sep 18, 2020

Appellant, a psychiatrist, was sanctioned by the Board of Medical Examiners for violation of the Tennessee Medical Practice Act. The Chancery Court for Davidson County affirmed the Board’s action, and Appellant appeals. Discerning no error, we affirm.

Posted by: Karen Belcher on Sep 18, 2020

This suit was brought under the Tennessee Human Rights Act by two African-American employees against their employer and their union to recover for alleged discrimination that created a hostile work environment. At issue in this appeal is the grant of summary judgment to the union on the basis that it did not cause or attempt to cause the employer to discriminate. Upon our de novo review, we conclude that the evidence presented at the summary judgment stage negated an essential element of the Plaintiffs’ claim and thus summary judgment was warranted. Judgment affirmed.


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