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Posted by: Azya Thornton on Feb 12, 2025

State employee Insured received radiation treatment for tongue cancer. Insurance Company denied authorization of the treatment as “investigational” and not “medically necessary” pursuant to the insurance plan and its medical policy. After two direct appeals of the denial to the insurance claim administrator, Insured appealed to the Tennessee Claims Commission. The Claims Commission found that the treatment was investigational under the plain language of both the plan and the policy and thus not a covered expense. As the denial of coverage did not amount to a breach of contract, the Claims Commission granted Insurance Company’s motion for summary judgment. Finding no reversible error, we affirm.

Posted by: Azya Thornton on Feb 12, 2025

A business sought a special use permit from the City of Memphis to operate a used car lot. At a meeting of the city council, the council voted to remand the business’s application back to the local land use control board. At the next meeting, the council reconsidered the application and denied it. The business filed a writ of certiorari challenging the denial, alleging due process violations and stating that the council failed to follow its rules of procedure. The trial court found that no due process right applied and that the council had properly followed its rules of procedure. We affirm.

Posted by: Stacey Shrader Joslin on Feb 12, 2025

The Tennessee Supreme Court has transferred the law license of Blount County lawyer Horace Maynard Brown III to disability inactive status after finding that he “is currently incapacitated from continuing the practice of law.” Brown will remain on inactive status until further order of the court. He may not practice law while on inactive status but may petition the court for reinstatement by showing the disability has been removed.

Posted by: Azya Thornton on Feb 12, 2025

Gilson Daub, a workers’ compensation defense, subrogation and civil litigation law firm, has announced its expansion into Tennessee with the opening of a Nashville office. Attorney Jeff Powell, who joins as managing partner, will lead the firm’s presence in the region. Powell brings over a decade of workers’ compensation litigation experience, having practiced in Illinois since 2010 and Tennessee since 2021, according to a press release. Powell will be responsible for establishing and expanding the firm's Tennessee operations, bringing on new attorneys and clients, and introducing the firm's culture to the region. “Many firms operate under outdated models, but Gilson Daub stands apart with its structured, strategic vision. The technology, teamwork, and culture ... are unmatched, so I’m excited to bring that same energy and commitment to Tennessee,” Powell said. The firm currently serves 20 cities across 10 different states.

Posted by: Azya Thornton on Feb 12, 2025

A federal judge in Delaware has ruled that Ross Intelligence violated copyright law when it copied content from Thomson Reuters to build a competing artificial intelligence-based legal platform. According to Reuters, U.S. Circuit Judge Stephanos Bibas' decision against the now defunct legal-research firm marks the first U.S. ruling on the closely watched question of fair use in AI-related copyright litigation. The "fair use" argument has become a key defense for tech companies, including OpenAI, Microsoft and Meta Platforms, fighting lawsuits brought by authors, record labels, visual artists and others over the use of their material to train AI systems. Tech companies argue that generative AI systems make fair use of copyrighted material by studying it to learn to create new content, while copyright owners say the companies use their work to generate competing content that threatens their livelihoods.

Posted by: Azya Thornton on Feb 12, 2025

The Bessie Smith Cultural Center in Chattanooga will celebrate Black History Month with a variety of events and activities. These include an art exhibit, screening of “The Six Triple Eight” movie, a panel discussion on Black excellence in sports and the Tennessee Songwriters Showcase Semifinals. The University of Tennessee at Chattanooga also has events planned, including a library exhibit, talks with the first Black McDonald's franchisee in Birmingham and a presentation from Temple University's professor of Africology Molefi Kete. Finally, Hamilton Place will hold a Black-owned business expo on Feb. 22 and The Chattery will hold a Black History Month Night Market on Feb. 28.

Posted by: Azya Thornton on Feb 12, 2025

The Elizabethton City Council is set to vote Thursday on whether to declare the municipal court judge’s seat vacant due to a temporary suspension of Judge Jason Holly’s law license. According to the Elizabethton Star, the Tennessee Supreme Court temporarily suspended Holly’s law license in October 2024 for failing to respond to three misconduct complaints. Since his suspension, Holly has not presided over court. In December, the council unanimously appointed 1st Judicial District Criminal Court Judge Stacy L. Street as acting municipal judge. In January, Holly filed a petition for reinstatement, asserting he had met all conditions set by the court by responding to the outstanding complaints. However, days later, the court issued a public censure against Holly for failing to formally respond to the complaints. A Jan. 17 order stated that proceedings on Holly’s petition to dissolve the suspension would begin with a hearing by the Board of Professional Responsibility.

Posted by: Azya Thornton on Feb 12, 2025

A four-count indictment was unsealed yesterday in the Middle District of Tennessee, charging eight defendants with various offenses related to their roles in a transnational commercial sex enterprise. According to the court's press release, the defendants operated an illegal commercial sex and sex trafficking ring out of Nashville motels from July 2022 through March 2024. The indictment alleges that after facilitating the victims’ arrival in the U.S., the defendants used online commercial sex websites to post advertisements and directed commercial sex buyers to meet the victims at the motels. Authorities identified the individuals as members of the Venezuelan Tren de Aragua gang. In November 2024, the Tennessee Bureau of Investigation warned that the gang was operating in major cities across the state. “This indictment demonstrates our commitment to stop human trafficking whenever and wherever we find it, and to hold those involved accountable,” said Acting U.S. Attorney Robert E. McGuire.

Posted by: Azya Thornton on Feb 12, 2025

Two Shelby County legislators have brought back a proposal to fund a new Shelby County jail by asking voters to hike the sales tax rate. Rep. John Gillespie, R-Memphis, and Sen. Raumesh Akbari, D-Memphis, proposed a bill that would allow Shelby County to ask voters whether to raise the local-option sales tax from 2.75% to 3.75%. According to The Daily Memphian, if the bill clears the Tennessee General Assembly, the tax increase would still require approval through a local referendum. While the bill does not explicitly name Shelby County, it applies to counties with populations exceeding 900,000, a threshold only Shelby County meets. Fiscal estimates attached to the bill project that the tax hike would generate more than $1.8 billion over nine fiscal years, with the revenue designated to retire debt from constructing a new jail. The bill was set to be heard by a Tennessee House committee today.

Posted by: Azya Thornton on Feb 12, 2025

The TBA will host three ethics webcasts on March 27, featuring the CLE Performer Stuart Teicher. The sessions will blend humor, pop culture and professional responsibility to provide insightful lessons on attorney ethics. Wedded Bliss and Attorney Ethics will explore how principles of a lasting marriage connect to legal ethics, covering topics like communication and conflicts of interest. Ted Lasso and Attorney Ethics will use moments from the hit show to illustrate integrity, leadership and key rules of professional conduct. The Perfect Pop Song and Attorney Ethics will reveal what makes a song timeless and relate it to legal competence, communication and ethical structure. Attorneys can register for these interactive webcasts through the TBA website.


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