TBA Young Lawyers Division’s Rookie Series is back this week with a new installment. Join colleagues on Dec. 13 for Personal Injury Law Part 2. The live one-hour webcast will start at noon CST and provide insights into handling more difficult personal injury cases. Topics include complex liability scenarios, strategies for catastrophic injury claims, and advanced litigation techniques such as motions in limine, effective deposition strategies and expert witness challenges. The program will wrap up with a session on navigating difficult negotiations while maintaining professional integrity. Those who missed Personal Injury Law Part 1 can catch up here.

The TBA Young Lawyers Division has announced the opening of the 2025-2026 leadership appointment and election filing process. Those interested in an appointed position on the division's board should review available positions and complete the online application by Feb. 28, 2025. For positions subject to election, nominating positions should be filed with YLD Secretary Ross Smith no later than Feb. 15, 2025. Positions available include officers and district representatives in odd-numbered districts (1, 3, 5, 7, 9, 11 and 13). Check the website for additional openings. For more information or to download a nominating petition visit the YLD Election Guidelines webpage. Elections for any contested races will take place between March 1 and April 1, 2025, by electronic voting. The YLD is committed to being the "service arm of the bar" by providing pro bono clinics throughout the state, sponsoring the Tennessee State High School Mock Trial Competition and the Diversity Leadership Institute program for law students. It is also dedicated to serving the professional needs of young lawyers through the development of CLEs and special initiatives, and providing networking opportunities. The TBA YLD is comprised of lawyers in their first 10 years of practice or under 36 years of age, whichever occurs later. 

Being a lawyer is demanding and it is easy for young attorneys to get caught up in the hustle. Prioritizing wellness is essential for long-term success and to help mitigate burnout. Think of your career as a marathon, not a sprint. Pacing yourself and taking care of your physical and mental health will help you perform at your best.

Young attorneys may find it beneficial to join a gym, a local running club or some other wellness routine. TBA YLD Health and Wellness Coordinator Patrick Morrison ran the St. Jude Marathon in Memphis on Dec. 7. This was his first marathon! Training for and running a marathon and being a young attorney are similar — both share a need for endurance, mental toughness and pacing. Both require long-term commitment, resilience in the face of challenges and the support of a strong network. Just like a marathon, a successful legal career demands a balanced approach to work and personal life. Find activities that you enjoy and that help you relax, recharge and disconnect from work. Whether it is running a marathon, taking a yoga class, spending time with loved ones, or simply spending time in nature, make time for things outside of the office that bring you joy. See a photo of Morrison at the marathon.

The Tennessee Legal Diversity Coalition connects legal employers and candidates with a demonstrated commitment to diversity, equity, inclusion and belonging (DEIB) principles with meaningful opportunities in the Tennessee legal market, including supporting student summer programming. Check out current opportunities.

MURPHY, Circuit Judge. After the Environmental Protection Agency (EPA) changed its air-quality standard for ozone under the Clean Air Act, the States needed to amend their state plans to implement the new standard. To help the States with their plan revisions, the EPA issued two guidance memoranda. It told the States that they could use specific modeling to identify their emissions that cross state lines. And it told them that they presumptively need not worry about any interstate emissions that fall below a specific minimum threshold. This guidance led Kentucky to propose a plan that did not reduce its emissions further. But the EPA sat on Kentucky’s proposed plan for some two years—well past the Clean Air Act’s deadline for the agency to act. It then belatedly disapproved the plan. To Kentucky’s surprise, this disapproval rested on different modeling that came out after the EPA’s deadline and on a lower threshold than the one the EPA told Kentucky it could use. Kentucky petitioned our court to vacate the EPA’s disapproval. In response, the EPA sought to transfer Kentucky’s challenge to the D.C. Circuit because the EPA had disapproved Kentucky’s plan in a rule that also rejected 20 other state plans.

This appeal concerns custody and child support determinations regarding a minor child. Because the trial court failed to identify and employ the applicable legal standard, we vacate the judgment as to the limitation of Father’s parenting time, the imposition of supervised parenting time, and the suspension of Father’s parental rights. Additionally, we vacate the award of attorney’s fees to Mother because the trial court failed to determine their reasonableness. The judgment is otherwise affirmed as to the remaining issues and the case is remanded for further proceedings.

A county regional planning commission denied the petitioner’s application to place a quarry in an agricultural zone. The zoning laws included certain requirements for quarrying. None of the zones, however, permitted quarrying, and all the zones prohibited any unpermitted uses. The petitioner sought a writ of certiorari. The trial court granted summary judgment to the county respondents, concluding that the planning commission did not act illegally, capriciously, fraudulently, or without material evidence. Because the zoning laws for the agricultural zone did not permit quarrying and explicitly prohibited unpermitted uses, we affirm the grant of summary judgment.

This appeal concerns claims for nuisance, intentional infliction of emotional distress, and enforcement of a local zoning ordinance. The plaintiff, Howard Levy, alleged that his neighbor, James Franks, engaged in an intentional and malicious course of conduct that included paving over a corner of Levy’s property, building a wooden fence along Levy’s property line, and routing construction vehicles over the parties’ shared driveway. Levy also alleged that the fence violated the Zoning Ordinance of Franklin, Tennessee, and that Franks was operating a construction company on his property in violation of the same. The trial court dismissed Levy’s fence-zoning claim at the summary judgment stage because he had not produced evidence that he was “specially damaged” as required by Tennessee Code Annotated § 13-7-208(a)(2). At the close of Levy’s proof during the bench trial, the court dismissed the remaining claims pursuant to Tennessee Rule of Civil Procedure 41.02. The court also enjoined Levy from interfering with the installation of underground power lines under Tennessee Rule of Civil Procedure 65.04(2). This appeal followed. We conclude the trial court was without jurisdiction to enter the injunction, which was unrelated to any of the underlying claims, but we affirm the trial court’s judgment in all other respects.

Still looking for ethics credits before Dec. 31? The Tennessee Bar Association is bringing you "12 Days of Ethics," featuring innovative and engaging programs you won’t want to miss. Choose from courses with fun titles and unique themes, including True Crime Stories; Friends…An Ethical Sitcom?; From Bonnie and Clyde, to Bernie Madoff — What the Biggest Thieves in History Teach About Attorney Ethics; Taylor Swift is a Genius. Even About Legal Ethics; What Emojis Teach About Lawyer Legal Ethics; Cat Proverbs and Attorney Ethics; and What Overrated Rock Bands Teach About Attorney Ethics. Be sure to check TBA’s social media channels over the next 12 weekdays to see the available programs. Visit Instagram, Facebook or LinkedIn with the hashtag #TBA12Days, or browse the TBA CLE Course Catalog for a full preview of more than 200 CLE programs by Tennessee lawyers for Tennessee lawyers.

TBA is offering a CME and CLE Year End Package, which includes Mediation Ethics providing 4 dual credits and 4.75 general credits. Designed for Tennessee lawyers, the package offers quick, convenient and quality CLE opportunities to meet both CME and CLE requirements. Topics covered include dispute resolution updates, artificial intelligence, best practices in mediation and arbitration, ethics grievances and more. To learn more about this package and the courses included, visit TBA’s website.