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Posted by: Azya Thornton on Jan 30, 2025

Because the order from which the appellant has filed an appeal does not constitute a final appealable judgment, this Court lacks jurisdiction to consider this appeal.

Posted by: Azya Thornton on Jan 30, 2025

This compensation appeal arises from the trial court’s dismissal of the employee’s claim for benefits. The employee alleged he suffered multiple injuries when he fell several feet at work while repairing a garage door. The employer provided medical treatment and temporary disability benefits; however, the employee continuously expressed dissatisfaction with his authorized physicians and frequently failed to attend appointments. The employer filed a motion to dismiss based in part on the missed appointments and the employee’s conduct throughout the litigation, including inappropriate, often profane, and occasionally threatening language in communications directed to the employer’s attorney, the court clerk, the trial court, and other individuals involved with the case. The employee also failed to appear for his deposition despite a court order to do so. As a result, the trial court granted the employer’s motion and dismissed the case, and the employee has appealed. After careful review of the record, we affirm the trial court’s decision to dismiss the employee’s case and certify the trial court’s order as final.

Posted by: Stacey Shrader Joslin on Jan 30, 2025

Grundy County lawyer Russell Shane Mainord received a public censure from the Tennessee Supreme Court on Jan. 29. Mainord represented three separate clients in immigration cases. Complaints against him included that he failed to provide a client with a copy of his files after being terminated, failed to take proper action on behalf of his clients when he failed to file court documents, and failed to exercise managerial and supervisory authority over his nonlawyer staff, which caused a delay in the proceedings. The court determined that these actions violated Rules of Professional Conduct 1.1, 1.3, 1.4, 1.15, 1.16, 3.2, 5.1 and 5.3. In addition to the censure, the court directed Mainord to refund $1,700 in attorney fees to the first client, $4,000 in attorney fees to the second client and $3,500 in attorney fees to the third client.

Posted by: Stacey Shrader Joslin on Jan 30, 2025

The links in yesterday's TBA Today news item about the 2025 Reporters Workshop have been updated to go to the current year application form. This year’s event will take place April 25-26 in Nashville. Journalists interested in attending should apply before 5 p.m. CDT on March 11. Learn more about the program.

Posted by: Stacey Shrader Joslin on Jan 30, 2025

The Legal Aid Society of Middle Tennessee and the Cumberland (LAS) will hold a free legal clinic in Antioch Saturday from 11 a.m. to 1 p.m. CST. The clinic will take place at the southeast branch of the Nashville Public Library, 5260 Hickory Hollow Pkwy, Ste. 202, Antioch 37013. The general civil clinic will assist clients with issues such as landlord/tenant disputes, family law, estate planning and debt collection. Those in need of assistance should register online. Contact Kendra Cheek at 800-238-1443 or kcheek@las.org to volunteer.

Posted by: Stacey Shrader Joslin on Jan 30, 2025
Posted by: Stacey Shrader Joslin on Jan 29, 2025

Applications are now being accepted for the 2025 Reporters Workshop. Sponsored by TBA’s Communications Law Section, the program will be held in person April 25-26 in Nashville. Organizers will select 15 print, online, television and/or radio journalists who want to develop a deeper understanding of media law issues that may affect their everyday work, including access to government information, defamation and privacy concerns in reporting. Journalists interested in attending should apply before 5 p.m. CDT on March 11. Read more about the program and the application process. Tennessee lawyers are encouraged to share this opportunity with members of the media with whom they have relationships.

Posted by: Azya Thornton on Jan 29, 2025

SUTTON, Chief Judge. Kevin Lavery invented a vision screening device and contracted with Pursuant Health, a company that makes vision screening kiosks, to sell it. He transferred his patent to the company in exchange for royalties on its kiosk sales. When Lavery’s patent expired and Pursuant Health stopped paying him, he sued. The district court ruled that the expiration of his patent made the royalty unenforceable and granted summary judgment to Pursuant Health. We affirm.

Posted by: Azya Thornton on Jan 29, 2025

THAPAR, Circuit Judge. Prisoners often have complaints about prison life. When these complaints arise, prisoners can’t go straight to federal court. The Prison Litigation Reform Act (“PLRA”) requires prisoners to seek relief from state prison officials before filing a federal lawsuit. This is called an “exhaustion” requirement since prisoners must exhaust their administrative remedies before suing. “We are not insensitive to the challenges faced by the lower federal courts in managing their dockets and attempting to separate, when it comes to prisoner suits, not so much wheat from chaff as needles from haystacks.” Jones, 549 U.S. at 224. But policy concerns about the strength of the PLRA’s exhaustion requirement don’t justify displacing Michigan’s valid tolling rule and departing from the federal courts’ usual practice of borrowing state tolling rules. Finding an inconsistency here “cannot fairly be viewed as an interpretation of the PLRA.” Id. at 216. We reverse.

Posted by: Azya Thornton on Jan 29, 2025

The Defendant, Marlos LeKeith Tipton, appeals from his convictions for vehicular homicide and speeding following a bench trial. Specifically, the Defendant contends that he was deprived of a fair trial based on the trial court’s denial of funding for a defense expert in vehicle collisions. He further argues that the proof was insufficient to support his conviction of vehicular homicide based upon reckless conduct predicated on excessive speed alone. After review, we affirm the judgments of the trial court.


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