Mississippi lawyer Justin Wade Sweat was reinstated to the practice of law in Tennessee on June 11. He had been on inactive status since May 14, 2018. The Board of Professional Responsibility reported that his petition for reinstatement was satisfactory. The Tennessee Supreme Court issued the order on June 13.

Nashville’s Metro Council approved the city spending plan Tuesday night. The $3.8 billion budget marks an increase of roughly 15% over last year’s, which is largely tied to a property tax increase. The adopted plan is an altered version of what the mayor proposed this spring, according to WPLN. Led by Budget Chair Delishia Porterfield, the plan left the total cost and tax rate of the mayor’s proposal untouched, while increasing funds for Metro employee pay. The remaining amount is earmarked for items like maternal health programs, food assistance, Court Appointed Special Advocates (CASA), Metro Parks, emergency youth shelters and a museum study.

Last month, the University of Memphis Cecil C. Humphreys School of Law hosted the investiture of one of its own graduates, the Hon. Valerie Smith, who was sworn in by Gov. Bill Lee. Smith recently was appointed by Lee to serve on the Tennessee Court of Appeals for the Western Division. She fills a vacancy left by the retirement of fellow Memphis Law graduate Judge Arnold Goldin. See photos of the ceremony on the law school’s Facebook page. 

FEMA has announced that President Donald Trump approved federal disaster assistance to support recovery efforts in areas of the state affected by severe storms, straight-line winds, tornadoes and flooding in April. The president’s action makes federal funding available to individuals in Cheatham, Davidson, Dickson, Dyer, Hardeman, McNairy, Montgomery, Obion and Wilson counties. Assistance may include grants for temporary housing and home repairs, low-interest loans to cover uninsured property losses, and other programs to help individuals and business owners recover from the disaster’s impact. Federal funding also is available on a cost-sharing basis for emergency work and infrastructure repairs in 19 counties, according to FEMA's press release. Individuals and business owners in the designated areas should first file claims with their insurance providers, then apply for assistance by registering at www.DisasterAssistance.gov or by calling 800-621-3362.

The 2025 Federal Practice Forum will take place on July 15 and will feature essential and practical content for attorneys. More details about the program will be announced soon on the TBA website.

Tennessee’s unemployment rate held steady at 3.5% in May and continues to remain below the national rate, according to the latest data from the Tennessee Department of Labor and Workforce Development. The state’s seasonally adjusted unemployment rate was unchanged from April, while the national rate stood at 4.2% in May. Total nonfarm employment in Tennessee decreased by 1,800 jobs between April and May, with the largest declines occurring in the professional and business services sector, followed by financial activities and trade, transportation and utilities.

TBA Young Lawyers Division (YLD) outgoing President Sean Aiello presented a number of awards at the group’s annual board dinner in Franklin. The President's Award was given to Nashville attorney Patrick Morrison for his work on developing the YLD CLE Exploration Series and as the division’s health and wellness coordinator. The Public Service Award was presented to Nashville attorney Ashley Tipton for her expansion of the high school mock trial program and to Nashville attorney Alix Rogers and Eighth Judicial District Criminal Court Judge Zack Walden for implementation of the YLD's first Rural Judicial Fellows Program. Six board members also were recognized with Star of the Quarter Awards. Read more about these recognitions. Law student members of the 2025 Diversity Leadership Institute class also attended the dinner and were recognized for completing the program. Earlier in the day, law student members of the Rural Judicial Fellows met with justices of the Tennessee Supreme Court. See photos from that gathering.

A news item in Wednesday’s issue of TBA Today about the Environmental Law Section’s 2025 Jon E. Hastings Memorial Award Writing Competition incorrectly identified the law school of one submission. Logan Hawkins attends the University of Memphis Cecil C. Humphreys School of Law.

Petitioner, G’Andre Fields, appeals the denial of his post-conviction petition, arguing that the post-conviction court erred in denying his claim that he received the ineffective assistance of counsel because trial counsel failed to file a motion to suppress Petitioner’s DNA. Following our review of the entire record and the briefs of the parties, we affirm the judgment of the post-conviction court.

Question 1: If the directors of a mutual benefit nonprofit corporation without members breach their fiduciary duties or engage in unlawful actions, how—and by whom—can they be held accountable?

Opinion 1: A court may hold accountable the memberless corporation’s director or directors in a derivative action brought by another director on behalf of the corporation. Additionally, the Attorney General may ask a court in a direct action to dissolve the corporation or to provide other remedies in connection with claims that the corporation lacks or lacked the power to act.

Question 2: If affected individuals do not have standing to bring legal action, how are the fiduciary duties of good faith, loyalty, and care imposed upon directors under Tennessee law enforced in practice?

Opinion 2: See response to Question 1.

Question 3: Can the Attorney General and Reporter intervene in cases involving alleged illegal actions or abuse of authority by a mutual benefit nonprofit corporation without members?

Opinion 3: Yes, the Attorney General may intervene as of right in any proceeding brought by others under the Nonprofit Corporation Act if he was required to be provided notice of the proceeding or if he was statutorily authorized to commence the proceeding.