the magazine of the Memphis Bar Association
Vol. 37, Issue 1
THIS ISSUE:
8 EIGHT DEGREES OF SEPARATION: MEET THE WOMEN MAGISTRATES OF JUVENILE COURT Harrison McIver’s Enduring Legacy
FRAUD SETTLEMENT OFFERS WARNING TO HEALTHCARE PROVIDERS
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Volume 37, Issue 1
FEATURES 8 8 Eight Degrees of Separation: Meet the Women
Magistrates of Juvenile Court
12 Fraud Settlement Offers Warning to
Healthcare Providers
BY CHARLES CRAWFORD AND KENDRA LYONS
14
Harrison McIver's Enduring Legacy BY JUSTICE JANICE M. HOLDER
16
Living From Your Strengths: From Survive to Thrive BY JUDGE STEVE HORNSBY
COLUMNS 6
President’s Column
13
MALS Corner: The Path Ahead
BY LUCIE BRACKIN
BY RITA GIBSON RAYFORD
18
Member Benefit Spotlight: Concern EAP
20 CLC: Community Legal Center Steps Up to Serve Refugees in Memphis BY EMILY STOTTS
21
Circuit Court Report
21
United States District Report
BY STEPHEN LEFFLER
BY DEAN DECANDIA
24
People in the News
26 Classifieds
3
MEMPHIS LAWYER
2020 MBA Officers
the magazine of the Memphis Bar Association
MBA Publications Committee Sean Hunt, Chair Jacob Strawn, Vice Chair Peter Gee, Executive Committee Liaison Preston Battle Karen Campbell Dean DeCandia Chasity Grice Nicole Grida Stephen Leffler Kendra Lyons Jared Renfroe Faith Sanford Andrew Shrack Jennie Silk Richard Vaughan Ellen Vergos Christy Washington
The Memphis Lawyer is a quarterly publication of the Memphis Bar Association, Inc. with a circulation of 2,000. If you are interested in submitting an article for publication or advertising in an upcoming issue, contact Kelly Swan, Communications Director, at 901.527.3573 or kswan@memphisbar.org. The MBA reserves the right to reject any advertisement or article submitted for publication.
The Memphis Bar Association 145 Court Ave. Suite 301 Memphis, TN 38103 Phone: (901) 527-3573 Fax: (901) 440-0426 www.memphisbar.org
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Lucie Brackin President
Peter Gee
Vice President
Tannera Gibson
Secretary/Treasurer
Annie Christoff Past President
2020 Board of Directors Dawn Campbell Hon. Frank Cantrell M. Ruthie Hagan Hon. JoeDae Jenkins Adam Johnson Andrea Malkin Matt May Patrick Morris Jennifer Nichols Will Perry Hon. Shayla Purifoy Terrence Reed Maggie Roney
Billy Ryan Jennifer Sink Lauran Stimac Laquita Stokes Josh Wallis Christy Washington Section Representatives Laurie Christensen Anne Davis Forrest Edwards Robbin Hutton Laura Mason Jill Shirley
ABA Delegate Lucian Pera AWA Representative April Bostick Law School Representative Donna Harkness NBA Representative Tiffany Webber YLD President Sarah Pazar Williams
MBA STAFF
Anne Fritz Executive Director
Lauren Gooch Membership & CLE Director
D’Onna James Project Coordinator
Kelly Swan
Communications Director
TENNESSEE CHAPTER Memphis Area Members recognized for Excellence in the field of Mediation or Arbitration
Allen BLAIR (901) 581-4100
George BROWN (901) 523-2930
John CANNON (901) 328-8227
Michael CODY (901) 524-5124
Fred COLLINS (731) 686-8355
David COOK (901) 525-8776
Trey JORDAN (901) 526-0606
Hayden LAIT (901) 527-1301
Jim LOCKARD (901) 523-2930
Minton MAYER (901) 312-1640
Jerry POTTER (901) 525-8776
Jocelyn WURZBURG (901) 684-1332
Check preferred available dates or schedule appointments online directly with the state’s top neutrals www.TennesseeMediators.org www.TennesseeMediators.org isis free, free, funded funded by by members members
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PRESIDENT'S COLUMN
By LUCIE BRACKIN, MBA President
M
y love of service started in the 8th grade, when a teacher encouraged me to run for President of the Beta Club. I was quite the nerd, walking around the halls of my junior high with my nose in a book. But Blaire Burton, the Beta Club sponsor, saw my potential for leadership, and encouraged me to serve. I am honored to begin my year of service as President of this organization. I joined the Memphis Bar Association in 2003, at the directive of David Caywood and Jim Causey, who was a former Bar President himself. If you knew these gentlemen, you know that they could be a bit domineering, but I loved them both dearly and they both encouraged me to get involved with my local bar associations. I am very excited for the upcoming year, and will continue to build on our accomplishments from this past year – strengthening our relationship with the University of Memphis Cecil C. Humphreys School of Law, thereby making it easier to recruit new lawyers to become more involved with the MBA. We are fortunate to have Dean Kate Schaffzin and Associate Dean Jodi Wilson in our corner. They have made themselves and their students available to us and they have great ideas for continuing to build these relationships. In the upcoming year, I’d like to partner more with our local bar associations, the Ben F. Jones Chapter of the National Bar Association, led by President Shayla Purifoy, and the Association for Women Attorneys led by President Megan Lane. In partnership with these associations, we hosted an event at the law school to celebrate Black History Month in February and will host an event later in March to celebrate Women’s History month. Last year, we worked hard to increase the benefits that we offer to members. Lauren Gooch, the MBA’s Membership & CLE Director, was vital in these efforts. Because of her work, we now offer discounts to our members from such places as The Peabody, Hotel Indigo, Ronnie Grisanti’s, the Grizzlies, Casetext. LawPay, and many others. A complete list of providers can be found 6
on our website at www.memphisbar.org. I am particularly excited about our partnership with Concern Employee Assistance Program (EAP), which is offered as an ‘add-on’ to your bar membership for the affordable cost of $40/year. Just make this selection when you renew your dues. Bank Tennessee will be our title sponsor again this year and we are so grateful for the support we have from former Shelby County Mayor and Bank Tennessee’s CEO Jim Rout. It will be a pleasure to work with Bank Tennessee’s Michelle McLaughlin and AJ Colton to build our membership and educate our members on the many benefits that Bank Tennessee offers to attorneys and legal professionals. We cannot thank Bank Tennessee enough for their enduring support of the MBA. We have also had strong support from Dixon Hughes Goodman, LP (DHG) and in particular from DHG’s Director of their Forensics, Valuation and Litigation Services group, Cindy MacAulay. DHG sponsored multiple events throughout the year, including our Bench Bar Conference hospitality suite, which was a highlight of the conference. I would encourage all of you to attend this year’s Conference, which will be held at the Hilton Sandestin Golf Resort and Spa from April 16-19. Going ‘Back to the Beach!’ has definitely been a draw for many, and we have a number of judges who have already committed to attend this year’s conference. In closing, I urge you to share the value of the MBA with others. Across the country, membership in organizations such as ours is either remaining flat or declining, and we must recruit new members to remain relevant in today’s society. Please help us to do this. I also urge you to become more involved with our organization. Reach out to me at lbrackin@landersfirm.com and I will help find a place where your talents will be cultivated and recognized by your peers.
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8 EIGHT DEGREES OF SEPARATION:
MEET THE WOMEN MAGISTRATES OF JUVENILE COURT • Two have been admitted to practice before the United States Supreme Court • Two are cancer survivors.
• Three were in pageants as teens. • Three were IV-D Child Support attorneys at the same time.
• Three worked at the DA’s office at the same time.
• Two are pianists.
• Two worked at the Public Defender’s office at the same time.
• Three became obsessed with Game of Thrones.
• Two worked for Memphis Area Legal Services, at different times.
W
• Two were once ballerinas.
• Two served on the Foster Care Review Board together.
hat they all have in common is that they are women who serve as Magistrates in the Juvenile Court of Memphis and Shelby County. Collectively, they have practiced law for over 166 years. But more than their gender or their years of experience, they bring a vast array of skills and a wide variety of backgrounds to the table. Or, in this case, to the bench.
CARLYN ADDISON grew up in Birmingham, AL and Memphis, TN. She graduated from Minor High School in Birmingham, then attended Xavier University of New Orleans where she majored in English and minored in Theology. She received her J.D. from Southern University Law Center in Baton Rouge, LA in 2002. Addison was an Assistant Shelby County Public Defender until joining Judge Larry Potter in Environmental Court, first as a staff attorney and then as a Referee. In 2014, Judge Dan Michael appointed her as a Juvenile Court staff attorney in the Office of Advocacy for Non-Custodial Parents, and then as a Magistrate in 2015. Addison serves on Joshua’s Learning Tree Parent Board. Addison has the distinction of being the first African-American Magistrate to serve in Environmental Court and the youngest magistrate to serve in Juvenile Court. Addison has recently been nominated to receive a Truancy Champion Award by the Shelby County Schools.
TRAILBLAZER AND PRANKSTER Addison is a notorious serial prankster both at home and at work. She is affectionately referred to as the “Shenanigator” by her Juvenile Court colleagues. As a child, she was a Girl Scout and was a soldier in the Alabama Ballet’s performance of The Nutcracker.
ALYCIA CHISM grew up in Indianapolis and Memphis and graduated from NOURISHING WISDOM Kirby High School. She attended Vanderbilt University where she graduated with honors, earning a Bachelor’s Degree in Human and Organizational Chism used to write a blog and Development. She received her J.D. from Duke Law School. She worked host seminars and events on in a labor and employment law firm in Memphis before joining the staff of nutrition, natural beauty and Congressman Steve Cohen as associate director and legal counsel. She served the healthy living. 9th Congressional District both as a policy advisor and in constituent relations. She joined the Shelby County District Attorney’s Office in 2008. Chism moved to Texas for a few years where she worked for Fidelity Investments as director of a global compliance and ethics program, where she monitored employee compliance with internal policies as well as local, state and federal regulations and laws. Family drew Chism back to Memphis in 2017, where she worked for Shelby County Schools until Judge Dan Michael appointed her as a magistrate in October 2018. 8
ELIZABETH GARLAND ERGUDEN graduated from Central ANIMAL LOVER High School in Memphis and earned her Bachelor’s Degree in History and Political Science, summa cum laude, from Kennesaw Growing up, Erguden was an accomplished State University. Her first career was as a database administrator for equestrian and remains an animal lover to Scientific Atlanta. Erguden and her husband of more than 40 years, this day. She is especially fond of cats and has Andy Bernstein, were competitive professional bridge players for many been known to adopt strays, at least one of years. They co-founded Devyn Press and Pando Publications, which which she named after a lawyer buddy who publish over 100 titles about the game of bridge. After receiving her shall remain unnamed. Erguden is a lover and J.D. from the Cecil C. Humphreys School of Law, Erguden served as collector of art, textiles, pottery and especially the Pro Bono Director for Memphis Area Legal Services and was also raku works by local artist Lester Jones, many a contract attorney for CASA. Erguden worked for the Shelby County of which are displayed in her office at juvenile Public Defender’s Office from 1997-2007. During most of her tenure court. She and Andy still enjoy playing bridge in the PD’s office she was assigned to the appellate division, where she together. handled over 250 appeals, including many involving complex capital litigation. From 2007-2014, Erguden was an Assistant District Attorney, where she was assigned to both the Special Prosecution Unit and the Grand Jury Division. Judge Dan Michael appointed her as Magistrate and Chief Legal Officer in 2014 shortly after his election. Erguden has served as a member of the Board of Directors for the Community Legal Center, Dismas House, Girl Scouts Council of Memphis, the Shelby County Drug Court, and the Shelby County Foster Care Review Board, and as a Volunteer Mediator. Magistrate Erguden has received the Elmore Holmes Award for Outstanding Service to the Community Legal Center. In 2002 she received the Tennessee Bar Association Public Service Attorney of the Year, and in 2006 was included in Mid-South “Super Lawyers” for appellate work. Between 2004-2007, the Tennessee Judicial Selection Committee submitted Erguden’s name to the governor for consideration for three separate Criminal Court judicial vacancies. She is a member of Inns of Court. TERRE FRATESI grew up in Arkansas and graduated from Bishop Byrne High School in Whitehaven. She attended the University of Mississippi where she majored in English and minored in Biology. In 1989, she received her J. D. from the Cecil C. Humphreys School of Law where she was an articles editor for the Law Review. She was in private law practice until 1993 when she accepted a job as the URESA child enforcement attorney at Juvenile Court, at the time a dual appointment from Judge Kenneth Turner and District Attorney General Hugh Pierotti. Shortly after Bill Gibbons became District Attorney, he appointed Fratesi as the Lead Prosecutor of the DA’s Juvenile Division where she served for 12 years. During that time, she received commendations for her work from the United States Secret Service, the Foster Care Review Board, the DA’s office and the Shelby County Commission. In 2010, Gibbons formed the DA office’s first Special Victims Unit, and asked Fratesi to serve on this unit. While in this position, Fratesi secured 30 jury convictions in cases involving severe child physical and sexual abuse, aggravated sex crimes, and elder and vulnerable adult abuse. She is a Fellow of the Memphis Bar Foundation. Judge Dan Michael appointed Fratesi as a Magistrate in February 2015.
PASSIONATE EXPLORER In 2004, Fratesi and her husband walked a portion of the Camino to Santiago de Compostela, an ancient pilgrimage in northwest Spain. A confirmed bookworm her entire life, no one could believe she could survive for three weeks with nothing but a backpack, a passport, and a pair of hiking boots. She has belonged to the same book club for nearly 30 years. To unwind after tough dockets she likes cooking, yoga, reading, writing and music. She has been given the nicknames, “Tombstone,” “TJ,” “T-Bone,” and “Debbie Downer” by current and former colleagues but declined to disclose why for purposes of this article.
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MITZI POLLARD grew up in Raleigh, NC and graduated from APPETITE FOR ADVENTURE North Carolina Central University with a Bachelor of Science Degree in Computer Science. She moved to Memphis in the early 90s, working as an To celebrate a recent birthday, Pollard engineer and computer programmer at AutoZone before pursuing a career decided to try skydiving. She is in law. She received her J.D. from the Cecil C. Humphreys School of Law the only Magistrate who can claim in 2001. Pollard was in private practice for 12 years and focused her practice jumping out of an airplane as part of on family law, juvenile law and mediation, though she also practiced in all her skill set. local courts including federal court. She also served for many years on the juvenile defender panel. In December 2013, Pollard and a colleague were successful in convincing the District Attorney’s Office to drop charges against a juvenile client in a high-profile homicide case after they presented compelling evidence that their client had given a false confession. Pollard considers this among her proudest moments of advocacy. Ironically, the presiding juvenile court magistrate in that case was Dan Michael. Judge Michael appointed Pollard as a Magistrate in February 2015. In 2018, the International Association for Truancy and Drop Out Prevention awarded Pollard a “Truancy Champion Award” in recognition of the work she did as a magistrate with the Shelby County Schools and the Shelby County District Attorney’s Office and their truancy prevention initiatives. DEBRA SANDERS graduated with honors from George Washington MUSICIAN ON THE MOVE Carver High School. She received a certificate in piano from Southwestern at Memphis (now Rhodes College) and represented the state of Tennessee Off the bench, Sanders relaxes either in the United States Collegiate Wind Band. Sanders continued her study of by “tickling the ivories” of her piano or music at the University of Southern California, where she received both a by donning a pair of boxing gloves and Bachelor’s Degree and a Master’s Degree in Music. Sanders has credentials hitting a punching bag. The activity she to teach music to grades K-12 and adults. Sanders received her J. D. from chooses depends on the way her day in St. Louis University School of Law. Following graduation, she clerked for court went. the 22nd Judicial Court of Missouri. She is licensed to practice law in Tennessee and has been admitted to practice law before the Supreme Court of the United States. Sanders is also an alumnus of the Executive Management Training Institute of Christian Brothers University School of Business, and received Disadvantaged Business Enterprise Certification Training through the US Department of Transportation, Office of Civil Rights, Washington, D.C. Sanders participated in Leadership Memphis, and served as a IV-D Child Support Attorney before former Judge Curtis Person appointed her as a Child Support Magistrate in 2009 and Judge Dan Michael reappointed her to the bench upon his election in 2014.
NANCY PERCER KESSLER r is a graduate of Treadwell High School. She graduated from Belmont University, summa cum laude, and received her Juris Doctorate from Cecil C. Humphreys School of Law where, among other commendations, she earned the Dean’s Award for Academic Excellence in Juvenile Law. Between college and law school, she worked as a legal assistant/litigation paralegal for Waller Lansden Dortch & Davis in Nashville and Columbia, TN. While in law school she returned to that firm as a summer associate and was a summer associate with the Tennessee Attorney General and Reporter in Nashville. She began her career as an attorney with Memphis Area Legal Services. While there, she argued several cases before the Tennessee Court of Appeals and the Tennessee Supreme Court. She came to Juvenile Court in 2004 as a child support attorney, eventually becoming the supervising attorney over 26 child support attorneys in the court’s child support bureau. Former Judge Curtis Person appointed Kessler as a Magistrate in 2009, and Judge Dan Michael reappointed her in 2014 and promoted her to Chief Child Support Magistrate. 10
PROUD SURVIVOR Kessler is a proud two-time breast cancer survivor. Her first diagnosis was in law school and her second was in 2007 while acting as the supervising child support attorney at juvenile court. She is a huge supporter and advocate for breast cancer research and participates in events, including fashion shows, to increase awareness about this disease that she twice defeated. Speaking of fashion...Magistrate Kessler is a huge stickler for professional and appropriate courtroom attire by women attorneys. Her one exception is her love of “fancy” shoes. As long as the outfit is professional and appropriate, fashion forward open toe shoes and sandals are “O.K.”
TONI CUNNINGHAM grew up in Memphis and San Diego because her father was in the Navy. She graduated from Whitehaven High School and attended college at Prairie View A & M in Texas on a full scholarship, majoring in Political Science and minoring in Sociology, and graduating with honors. Cunningham began law school at Drake in Des Moines but transferred to the University of Mississippi where she earned her J.D. in 1995. Cunningham was in private practice, focusing her work on family law and bankruptcy. She was also a frequent practitioner in Juvenile Court and eventually accepted a position as an IV-D Child Support Attorney. Former Judge Curtis Person appointed Cunningham as a Child Support Magistrate in 2009 and Judge Dan Michael reappointed her to the bench upon his election in 2014.
CHAMPION FOR CHANGE Cunningham remembers that her parents were in Memphis when King was assassinated. She recalls that this shaped her family deeply when growing up, and that her family always encouraged her to stay informed and involved and active. On a lighter note, in college, Cunningham alternated between heavy metal and Madonna. Cunningham’s colleagues say she has a wickedly funny sense of humor and is committed to a healthy, mostly vegetarian diet.
These women also have formidable predecessors: Veronica Coleman Davis was the first African-American female appointed as a Magistrate at Juvenile Court, where she served before her appointment as United States Attorney for the Western District of Tennessee. Claudia Swafford Haltom served as a Juvenile Court Magistrate for 17 years before founding the ground-breaking non-profit, A Step Ahead Foundation. Felicia Hogan was a Magistrate for nearly 20 years, and now serves as Legal Advisor to Juvenile Court Clerk Janis Fullilove. Marlinee Iverson served as Juvenile Court Magistrate until she became Shelby County Attorney in 2018. Thanks to Magistrate Terre Fratesi for supplying the information for this article.
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FRAUD SETTLEMENT OFFERS WARNING TO HEALTHCARE PROVIDERS By CHARLES CRAWFORD and KENDRA LYONS, BUTLER SNOW LLP
A
recent healthcare fraud investigation and settlement demonstrates three important reminders for healthcare providers:
1. The federal government is serious about its commitment to holding providers accountable under fraud and abuse laws. 2. The government’s enforcement efforts include not only large hospital chains but also physician groups. 3. Providers should expect that employees (past and present) may be the instigators of the government’s actions.
Baldwin Bone & Joint, P.C. (BB&J), an orthopedic surgery and physical therapy practice in Daphne, Alabama, has agreed to pay the federal government $1.2 million as the result of a settlement arising out of allegations that BB&J violated several laws, including the federal False Claims Act, the federal physician self-referral law (the Stark Law); and the federal Anti-Kickback Statute (the AKS). The case began as a qui tam, or whistleblower case, filed by a former exercise physiologist employee of BB&J. That suit initiated a federal investigation by the Office of Inspector General of the U.S. Department of Health and Human Services and, because of allegations involving TRICARE patients, the Defense Criminal Investigative Service. The lawsuit filed by the former employee alleged that BB&J billed Medicare and TRICARE for physical therapy services performed by unauthorized providers, including athletic trainers and an exercise physiologist. The complaint also alleged that the group’s internal compensation plan violated the Stark Law because physicians were compensated on the basis of the volume of patients they referred internally for designated health services such as physical therapy, X-rays and MRIs. Many health care providers are familiar with prohibitions against remuneration being paid to physicians for referrals to facilities such as hospital or nursing, but many physicians
are still not aware that the internal compensation plan of a medical practice is subject to the Stark Law. The lawsuit also alleged that BB&J violated the False Claims Act because it did not return improperly billed federal patient payments. Generally, providers are required to return improper Medicare payments within 90 days of receipt, or be subject to the penalties, including possible imprisonment, set forth in the False Claims Act.
Settlement by orthopedic group provides 1.2 million reasons for healthcare providers to ensure compliance with fraud and abuse laws It is important to remember that this was a settlement, and no determination of liability was made. Still, it cost the physician group $1.2 million. Investigations also typically require a significant expenditure for attorneys’ fees, as well as physician and administrative time, and employee distraction. An investigation and the attendant publicity can also be a serious public relations event, cause problems with patients, payers and referral services. How can you protect your business/practice? First, of course, know the rules and follow them. Some healthcare laws are fairly obvious, but most involve layers of complexity and often don’t seem to follow a logical pattern, particularly the Stark Law and its voluminous regulations. Second, adopt and implement a robust compliance plan. Your plan should also provide a mechanism for employees to raise concerns without fear of reprisal. If an employee feels he or she can raise a compliance concern with management and have it dealt with internally in an appropriate manner, the employee is less likely to become a whistleblower.
Butler Snow LLP is a full-service law firm with more than 360 attorneys and advisors collaborating across a network of 24 U.S. offices, including locations in Nashville and Memphis, and three international locations in London, Singapore and Hong Kong. For more information about the firm, visit www.butlersnow.com. Note: The facts regarding this settlement were published by the U.S. Attorney’s office: https://www.justice.gov/usao-sdal/pr/qui-tam-lawsuit-and-federal-investigation-results-settlement-and-12-million-payment 12
MALS
CORNER
The Path Ahead By RITA GIBSON RAYFORD
L
ast year, Memphis Area Legal Services (MALS) underwent great change. MALS focused its efforts on fulfilling the mandate of its most recent strategic plan, which is to become a community-based law firm. This means that the Board, volunteers and staff have made a commitment to West Tennessee to provide the best legal advocacy possible to the most vulnerable individuals and families that need assistance. The firm’s goals for 2020 are ambitious, but we welcome the opportunity to create new partnerships, strengthen existing ones, and develop innovative methods to address the systemic problems present in the communities that we serve. In the aftermath of Dr. Martin Luther King, Jr.’s death in 1968, 30 attorneys and law students founded MALS’ predecessor. Out of the devastation and turmoil that ensued from this horrific event, MALS’ founders created a path to address the needs of those who had been disenfranchised and marginalized. This organization evolved into what is now Memphis Area Legal Services. This year, MALS will celebrate its 50th Anniversary and to commemorate this momentous occasion, we are planning a number of events to engage the legal community that will be designed to celebrate past accomplishments and help MALS pave the path ahead. The work that was started by MALS’ founders continues. Poverty and injustice still exist and as long as these issues create barriers to residents of Shelby, Fayette, Lauderdale and Tipton Counties, MALS will
strive to achieve its vision of providing “justice for those in need”. Although we are focused on forging a new path, we are also thankful for the support that the legal community has provided throughout MALS’ existence. The private bar has worked tirelessly with MALS to meet the overwhelming need in our services areas. Through contributions to the Campaign for Equal Justice, volunteerism with pro bono initiatives, and service on our Board of Directors and volunteer committees, attorneys and legal professionals have always been our greatest advocates and we are appreciative. In addition, MALS is looking forward to the leadership that its new CEO, Cindy Ettingoff, will provide during our 50th year and beyond. As a former member of the MALS’ staff and an accomplished private attorney, she will bring a wealth of experience and ideas to the firm. After the retirement of Harrison D. McIver, III, who served as MALS’ CEO for 20 years and advocated throughout the state and nation to increase access to justice, the firm benefitted from the stewardship of Richard “Dick” Cullison, who served as Interim CEO and has more than 30 years of experience in leading legal aid programs. Because MALS has had great support, leadership and investment over the past 50 years, it is well-positioned to face the challenges ahead. We look forward to another great year of being a part of this incredible legal community. 13
Harrison McIver’s Enduring Legacy By JUSTICE JANICE M. HOLDER, Tennessee Supreme Court (ret.)
I
t is hard to remember when Harrison McIver III was not chief executive officer of Memphis Area Legal Services. His more-than-twenty-year service at MALS—from 1998 to 2019—ushered in the growth of an ever-widening array of services to the legal community. Harrison has dedicated his entire legal career to providing leadership in the delivery of legal services to low-income individuals. He arrived in Memphis from Washington, D.C., after serving as executive director of the Project Advisory Group, a nationwide group of legal services programs. Prior to his service on the national level, he was the executive director of the Mississippi Center for Legal Services—Jackson Office, the managing attorney of North Mississippi Rural Legal Services—Clarksdale Office, and the managing attorney at Southwest Mississippi Legal Services in McComb, Mississippi. His role at Memphis Area Legal Services brought Harrison back to the local level in a state with a reputation and demonstrated support of access to justice. His accomplishments at MALS have been many. Under his leadership, we watched while he and his dedicated staff raised the profile of MALS, making the law firm visible beyond the legal community. His staff grew to 50, including 20 attorneys, and specialty units were created to promote more efficient client services. MALS’s budget increased to $40 million, and the number of grants tripled to expand the reach and capacity of the services offered. The Campaign for Equal Justice grew to include the Mary L. Wolff Dining for Justice 14
and the Justice for All Ball events, and the campaign’s revenues increased from less than $100,000 in annual contributions to $400,000 per year. Harrison spearheaded the region’s first medical legal partnership, CHiLD, with Methodist LeBonheur Hosptial and the University of Memphis Cecil C. Humphreys School of Law, and programs addressing the legal needs of homeless veterans and domestic violence victims were launched. Harrison has worked tirelessly to improve the relationship between MALS and the organized Bar. His efforts promoted a better understanding of MALS’s work and ultimately increased the Bar’s participation in many pro bono activities, including the Second Saturday Legal Clinic (2SLAC) and the various Courthouse Clinics. Among his other prestigious awards, Harrison has received the Tennessee Alliance for Legal Services B. Riney Green Access to Justice Award for promoting inter-program cooperation and strengthening access to justice across the state. Last November, I was honored to present him with the Tennessee Alliance for Legal Services Founder’s Award, an honor it established to recognize his contributions to the access to justice community. When asked what his proudest moments were at MALS, Harrison cited the downsizing of MALS’s Board of Directors from 30 to a more efficient 21 members, its move to its new home in the Falls Building, the creation of the W. J. Michael Cody Access to Justice Award recognizing a private attorney who has furthered the vision of “Justice for Those in Need,” his support of
Memphis Area Legal Service’s mission of providing excellence in legal advocacy for those in need, and the impact of several successful legal actions in the Memphis community. Some of Harrison’s fondest memories, he says, include being asked to testify before the Committee on the Judiciary of the House of Representatives chaired by Congressman Steve Cohen, acceptance of the American Bar Association’s Dorsey Award recognizing exceptional work by a public defender or legal aid lawyer, and the Tennessee Bar Association’s reception in his honor during the American Bar Association’s Annual meeting. Harrison’s family figures prominently in his retirement plans. He and Lauryce plan to visit many of the places that are on their collective “bucket list.” They look forward to experiencing other cultures, reconnecting with friends and family, and returning to places they enjoyed in the past. Retirement has already enabled Harrison to begin traveling to see sporting events, plays, and academic recognition programs for his four grandchildren. Harrison is also planning to devote more time to his church and his fraternal and community organizations. Not content to limit himself to the organizations in which he is currently involved, he looks forward to invitations to serve on the boards of other organizations. Harrison’s professional associations will continue to benefit from his efforts. He currently serves in the Tennessee Bar Association’s House of Delegates and on its Long Range Planning Committee. His work for the Memphis Bar Association includes membership on the MBA’s Steering Committee for the Center of Excellence in Decision-Making. He will continue his work for the Ben F. Jones Chapter of the National Bar Association and looks forward to continued participation in the Dean’s Advisory Council of the Cecil C. Humphreys School of
Law. He also plans to continue in his leadership role in the Tennessee Human Rights Commission’s annual Fair Housing Act Month celebration. Harrison is redirecting his efforts, not retiring from the legal profession or from the work he has championed for so many years. He plans to continue working with equal justice organizations in Tennessee and throughout the nation to assist them in becoming more effective resources for consumers and the communities they serve. Life is always a little more interesting with Harrison in the room! Harrison has supported and mentored many of us in the Memphis Bar, and I thank him for his steadfast support and leadership in the access to justice arena. I have missed Harrison in our day-to-day work, but he and his accomplishments—past and future—will continue be an integral part of the Memphis community. Best wishes to Harrison and Lauryce for a happy retirement and many happy travels. 15
Living From Your Strengths: From Survive to Thrive By JUDGE STEVE HORNSBY
To define thrive, dictionaries use words like “flourish, prosper, to grow vigorously.” Those are helpful for sure, but in the context of personal and professional development, I prefer this:
To live in a state of being that facilitates maximum personal effectiveness in any environment.
I
n order to thrive, we want to show up as our best possible self in any set of external circumstances. To do that we have to first create the inner circumstances that allow us to show up the way we choose, no matter the outer circumstances. At first blush, this may seem like an impossible task, but it’s not as hard as it seems. In fact, with the right tools, information, and some practice, it can become a way of living…and living successfully.
In ancient Greece, people seeking guidance along life’s journey often found their way to the temple of Apollo at Delphi. There, the Delphic maxims – 147 pithy, powerful sayings of wisdom for living a successful, satisfied, and honorable life – were inscribed on the walls. Above the main doorway was the maxim “Know thyself ”, signifying that the quest for self-knowledge is the vehicle for negotiating the many thresholds of life. What the ancients knew 2,600 years ago about success in life is now confirmed by modern science. Scientific inquiry and solid research in the fields of positive psychology and neuroscience have revealed absolutely astounding facts about the body, the brain, the mind, emotions, what motivates us and what holds us back, the conscious mind and the unconscious mind, sleep, dreams, our social needs, how relationships affect longevity, epigenetic DNA cellular development, and much, much more. 16
As this amazing body of research develops, it reveals that humans are more complex beings that we ever realized. Each of us is an interwoven system of body, mind and emotions, all of which interact and influence the other. Our thoughts literally sculpt our brains based on conscious intention. Emotions influence the functioning of cells in different organs and positive emotions provide positive physical and mental benefits. Intentionally using our mind the right way can deactivate our stress and survival response system. And the list goes on and on. Today we now know more about who we are as human beings than ever before in history. Using the findings that science has provided, plus wisdom and practices that reach back into antiquity, we have the tools for a framework that can enhance selfawareness and advance personal development:
1.
comprehension, as well as lower blood pressure and improve cardiovascular and immune system functioning. Because MMP is such a powerful tool for personal effectiveness, it is being used by a variety of people and organizations, including the U.S. military, professional athletes, successful executives, businesses and entertainers. See the inset for a list of some MMP practitioners.
Meditation and mindfulness practices (MMP) allow us to slow down our brain waves and bring our attention inward to activate the parts of our brain where we reflect, make meaning, and gain insights into our thoughts, emotions, and behaviors. MMP have been shown to improve focus and mental clarity, reduce stress, improve memory and
• Navy SEALS and other military special forces are trained in meditation to improve focus and reduce life-threatening mistakes in critical combat situations.
2.
Psychological assessments of strengths and values are scientifically validated instruments that highlight aspects of our personality that we may not be aware of. Most of the time we lack visibility and objectivity about our own traits and characteristics simply because we are too close to it. Just like it takes two mirrors to see the back of our head, it is helpful to have a tool that can help us see more about this persona called “I.”
3.
Once we have visibility and understanding of our values and strengths, using MMP for reflection and intentional awareness brings them to the surface of our day-to-day consciousness where we can intentionally use them in daily life.
4.
Regular practice with MMP and reflection in real life situations builds strong neural pathways that create new habits for how we consciously interface with external circumstances, aka, Life. Like building a new muscle, the more we use MMP and reflection with awareness of our values and strengths in real-life situations, the more we can show up in the way we consciously choose.
• NBA Champions, the Golden State Warriors, have Mindfulness as one of their team core values. Steph Curry and Kevin Durant credit success to “being able to be in the moment.” • Oprah Winfrey meditates daily and promotes it across her entertainment platforms. • Ray Dalio, billionaire hedge fund developer and philanthropist, has been meditating for 40 years and credits meditation as the single most important key to his success. • Bill George, former CEO of Medtronic and author of Authentic Leadership and True North has been meditating since his early 20’s. “Meditation has been the single most important thing I have done to improve my leadership.” • Jennifer Aniston meditates daily and says, “It’s like a kick start for your day, it centers you, your stress levels are down and you find yourself interacting in the world much easier and better.” • Academy Award winner Halle Berry says, “It has not only enhanced by ability to face challenges throughout the day, meditation is food for my soul and brings clarity to my mind.”
Steve Hornsby has served for 37 years as a trial lawyer, judge, senior state government official, health care executive, consultant and coach. In 2017, he began a coaching practice for attorneys and judges, health care professionals and government executives. He also serves as a project consultant with emphasis on organizational and culture development; leadership development and mindfulness training/coaching; and, as a subjectmatter expert on juvenile justice programs.
• Former Beatle Paul McCartney began meditating in 1965 and says he still likes to “take a moment and just meditate.” 17
Member Benefit Spotlight
S
tress is inevitable. How well we effectively or ineffectively deal with that stress is up to each of us individually. At Concern, we know that it does not matter if your stress is of a positive or negative nature, if not controlled effectively, it can take over your wellbeing. Thanks to the Wellness Committee, Concern is a new benefit offered for you as a member of the Memphis Bar Association. We want to be your local, comprehensive, and cost effective mental health provider. Concern is a counseling office based in Midtown Memphis but covering the Shelby County area in Bartlett, Germantown, Southaven, and Tipton County. We are referred to as an Employee Assistance Program (EAP) but proudly serve employees and, students, along with associations. We are pleased to provide services for companies, schools, cities, and associations across the U.S. for over 30 years. Unlike many similar counseling services provided through insurance carriers, we are local providers that know and live in your community. We make the choice to schedule a counseling appointment easy and convenient. If elected into the benefit, to schedule with a counselor the member need only to call our office at
901-458-4000 to schedule at the office of their choosing. In our current phase of telehealth counseling, current clients can choose to have their HIPAA compliant visit from the location of their choice from their smartphone or computer. Since this benefit extends to anyone in your household, those individuals need only to do the same. Counseling can sometimes seem like a daunting choice to make especially if you are in the midst of a stressful event(s). This we know well because our seasoned counselors see a large range of life situations that cause an individual to elect to make this step. Our comprehensive team of Licensed Clinical Social Workers (LCSW) or Licensed Professional Counselors (LPC) are well versed is assisting with a varieties of stress ranging from relationships, anxiety, depression, and/or addiction. Our counselors work with each client, couple, and/or family unit to assisting in finding their strengths and areas of opportunity. At Concern we think of a visit to a counselor is just as important as your yearly physical. Tending to your mental health with counseling is a great way to get unbiased feedback on your current life situation. Along with counseling, Concern will also
MBA members can participate in Concern EAP by paying $40 in addition to their MBA dues. This covers the MBA member as well as anyone living in his/her household for the entirety of 2020; the number of counseling sessions is unlimited. If you have not renewed your membership yet, you can opt into Concern EAP when you renew and pay the additional $40. If you have already renewed your membership, you can still “add on� this benefit by contacting the MBA at 901.527.3573 or info@memphisbar.org. 18
assists in a variety of areas such as critical incident stress debriefings, trainings, drug free workplace assistance, and management referrals. Typical counseling in the Memphis area can cost an individual anywhere from $65-$200 per session for an hour. In partnership with the MBA Wellness Committee, Concern is excited to be able to provide those same counseling services for you and your household for only $40 for the entire year. Since we operate from those minor dues, you will not see any mental health claims to your insurance. Because of this model, we are able to see individuals that live in your household even if they are not on your insurance plan. Concern wants to be your local, comprehensive, and cost effective counseling provider. As you are selecting your benefits, we encourage each one of you to opt into selecting Concern not only for your wellbeing but also for those in your household. Concern would like to assist you in digging deeper into Judge Steven C. Hornsby’s advice from his article “Wellbeing: From Surviving to Thriving,” on developing your Six Dimensions of wellness. We know
that if we each focus on finding our own mental wellness, together we will be a stronger and more productive community. We hope to see you soon!
Melissa Wilkes Donahue is a Licensed Clinical Social Work who current serves in the role of Director at Concern EAP. Melissa received her Master’s degree in Social Work from Jackson State University and her Bachelor degree from Mississippi College. Prior to serving in her current role she was the Director of Mobile Crisis for Alliance Healthcare Services. She is an experienced Crisis Intervention Team Trainer and has a substantial amount of experience working in crisis settings and at mental health centers.
The New Standard In Mediation In the world of mediation, experience is vital. That’s why Memphis Mediation Group was established. John R.Cannon, Jr., Michael G. Derrick, and Frank S. Cantrell are each Tennessee Rule 31 Listed General Civil Mediators with decades of combined state and federal litigation and mediation experience. With their deep backgrounds and continual proven success, John, Mike and Frank are setting the new standard for mediation in Tennessee.
Schedule a case with Memphis Mediation Group at
901-259-5915
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Community Legal Center Steps Up to Serve Refugees in Memphis By EMILY STOTTS, Director of the Immigrant Justice Program
W
hen I started at CLC in January 2014, one of my first clients was Abraham*. A refugee from Eritrea, he had been resettled in the United States two years earlier but had been forced to leave his pregnant wife behind in Kenya. Now, he was trying to bring her and his baby boy, whom he had never met, to reunite with him in the United States. Fast forward to October 2018. Abraham’s wife and son, who finally arrived in the U.S. a few years earlier, and their new baby are seated in the auditorium of Kingsbury High School, watching as Abraham takes the oath of allegiance to officially become a U.S. citizen. I’m there, too, taking photos and celebrating with the family. The modern refugee resettlement program was enacted in the United States with the Refugee Act of 1980. Under the Act, potential refugees abroad are identified and referred to the U.S. Refugee Admissions Program by the United Nations High Commissioner for Refugees. Once the referral is made, the U.S. Department of State, Department of Homeland Security, and other security and intelligence agencies conduct security and medical clearances and interview each refugee to ensure he or she meets the legal definition of refugee and is not restricted from entry due to things like criminal history, security threats, or previous immigration violations. Applicants can expect to wait on average two years for the U.S. to complete its vetting procedure and, even once given the 20
all clear, face additional wait times – often years – for permission to travel and resettle in the United States due to annual caps imposed on refugees. Each fiscal year, the President in consultation with Congress sets the maximum number of refugees that are allowed to be resettled in the United States for the year. That number has steadily declined in recent years – from 85,000 in FY2016 to 30,000 in FY2019, a near-record low. It was announced on November 1st that the cap for FY2020 would be just 18,000, leaving countless of the world’s most vulnerable people in precarious positions as they continue to wait in the resettlement pipeline. Although a national policy, these caps have severe local consequences for those refugees already resettled in the U.S., even right here in Memphis. Agencies funded by the government to assist newly resettled refugees with the process of rebuilding their life in the United States, including assisting them with their legal needs, have seen their budgets cut due to the curtailing of the resettlement program, leaving a gap in the services refugees desperately need. Here in Memphis, cuts led to the closure of the entire legal services arm of our local resettlement agency, World Relief Memphis, which provided much needed legal representation to refugees as they sought work authorization, permanent residency, citizenship, and reunification with their loved ones who are still overseas.
Circuit Court Report by STEPHEN LEFFLER
Covers June 24, 2019 to October 17, 2019 DIV. 1: FELICIA CORBIN-JOHNSON 1. CT-000157-17: 10-17-19, Christy Hayes and Lee Hayes v. Tameka Brown-Hearns, Auto Accident, Jury, Bobby F. Martin, Jr., for Plaintiff, Craig B. Flood, II for Defendant. Defense verdict (50% fault for each party).
DIV. 2: JAMES F. RUSSELL 1. CT-2810-19: 9-9-19, United Credit Corporation of Southaven v. Dejona Shonte Lawrence, Breach of Contract (Consumer Debt), Non-Jury, George F. Higgs for Plaintiff, Dejona Shonte Lawrence, Pro Se. Plaintiff verdict for $4,615.69.
DIV. 3: VALERIE L. SMITH 1. CT-003456-16: 10-2-19, Pamela Edwards-Fort v. Moriah Kramer, Auto Accident, Jury, Shannon D. Elsea for Plaintiff, Lori D. Parish for Defendant. Plaintiff verdict for $15,000.00. 2. CT-1907-19: 10-9-19, Deborah Bistolfi Felker v. Rex Stephen Felker, Breach of Contract, Non-Jury, G. Hite McLean III for Plaintiff, David A. Lufkin, Sr. for Defendant. Plaintiff verdict: Defendant to procure life insurance for the benefit of the parties’ minor son and pay attorney fees of $16,176.66. 3. CT-1024-19: 9-27-19, Upchurch Services, LLC v. Roco Management, LLC, Roco Lakes, LLC, Roco-Woods, LLC and Roco Mt-Moriah, LLC, Breach of Contract (Construction), Non-Jury, William E. Cochran, Jr. and Christopher M. Williams for Plaintiff, Dennis G. Sadler and W. David Darnell for Defendant. Plaintiff verdict $24,014.02.
DIV. 4: GINA C. HIGGINS 1. CT-3021-19: 10-3-19, Chris Hudson v. Rachel Marmon, Breach of Contract (Landlord Tenant), NonJury, Ben G. Sissman for Plaintiff, Rachel Marmon Pro Se. Plaintiff Verdict for $2,325.00.
DIV. 5: RHYNETTE HURD No contested cases this reporting period. DIV. 6: JERRY STOKES 1. CT-001560-12: 6-24-19, Ulysses Jones and Victoria Jones v. Sandra Richards, Intentional Tort, Non-Jury, Brenda Oats-Williams for Plaintiff, Cornelius Bostick for Defendant. Plaintiff verdict for $80,000.00 ($30,000.00 for each plaintiff for intentional infliction of emotional injury and $10,000.00 for each plaintiff for punitive damages). The Court further ordered that if Defendant would return certain personal property to Plaintiffs, the Court would consider reducing the damages award. 2. CT-001439-17: 10-8-19, City of Memphis and County of Shelby v. Michael Simpson, Nuisance, Non-Jury, James A. Robinson, Jr. for Plaintiffs, Michael Simpson, Pro Se. Plaintiff Verdict for $50.00 fine and court costs and removal of all heavy trucks, trailers and equipment from the premises by October 1, 2019.
DIV. 7: MARY L. WAGNER 1. CT-003427-14: 9-4-19, Allen M. Toney and Daphaine A. Toney v. Nathan S. Bryan, Auto Accident, Jury, Thomas J. Kinsland for Plaintiff, Christopher L. Nearn for Defendant. Plaintiff verdict for $176,695.00 (Allen M. Toney: $16,085.00 Medical Expenses; $36,000.00 Past Pain and Suffering; $36,000.00 Past Enjoyment of Life. Daphaine Toney: $16,610.00 Medical Expenses; $36,000.00 Past Pain and Suffering; $36,000.00 Past Loss of Enjoyment of Life). 2. CT-000503-16: 9-25-19, Julius T. Malone and Margaret S. Malone v. ASF Intermodal, LLC, Auto Accident, Jury, Eric J. Lewellyn, Henry E. Reaves, III and Thomas R. Greer for Plaintiffs, Lori Keen for Defendant. Plaintiff Verdict for $1,529,772.00 (After reduction for tort damage caps) (Julius T. Malone: $375,000.00 Loss of Earning Capacity; $400,000.00 Future Medical Expenses; $100,000.00 21
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Past Pain and Suffering; $575,000.00 Future Pain and Suffering; $55,000.00 Permanent Injury; $175,000.00 Past Loss of Enjoyment of Life; $700,000.00 Future Loss of Enjoyment of Life; $4,772.00 Property Damage. Margaret S. Malone: $60,000.00 Loss of Services; $75,000.00 Loss of Companionship). 3. CT-003221-16: 9-26-19, Jack V. Delaney and Yvonne Delaney v. Martin R. Kriger, Administrator ad Litem of the Estate of Mary Jo Cochran, D.V.M., Deceased, and Carolyn A. McCutcheon, D.V.M. Individually and d/b/a Park Avenue Animal Hospital, LLC., Breach of Contract, Non-Jury, Jack V. Delaney for Plaintiffs, Edward U. Babb for Defendants. Plaintiff Verdict for $100.00 (Case on remand from Court of Appeals to determine the fair market value of a cat). 4. CT-004600-16: 9-18-19, Tammie Green v. Sabrina A. Cain a/k/a Sabrina E. Tate, Auto Accident, Jury, W. David Cheek for Plaintiff, Russell E. Reviere and Bailey L. Walden for Defendant. Defense Verdict.
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5. CT-004601-16: 9-18-19, Arnetta Lester v. Sabrina A. Cain a/k/a Sabrina E. Tate, Auto Accident, Jury, W. David Cheek for Plaintiff, Russell E. Reviere and Bailey L. Walden for Defendant. Defense Verdict. 6. CT-004603-16: 9-18-19, Tarina Washington v. Sabrina A. Cain a/k/a Sabrina E. Tate, Auto Accident, Jury, W. David Cheek for Plaintiff, Russell E. Reviere and Bailey L. Walden for Defendant. Defense Verdict. 7. CT-001255-18: 10-15-19, Jonathan White v. Erykah Onipede, Breach of Contract (Auto Repair), Non-Jury, Both parties Pro Se on appeal from General Sessions. Defense Verdict. 8. CT-000973-18: 10-15-19, Kyla Robinson, Individually and as Mother and Next Friend of Michael Robinson v. Andrew Hutson, Auto Accident, Jury, Lan Chen for Plaintiff, Melanie M. Stewart for Defendant. Plaintiff Verdict $421.00 (Medical Expenses only)
DIV. 8: ROBERT S. WEISS
M Chadwell Mediation P.O. Box 14446 Knoxville, TN 37914-9998 (615) 200-6163 cferguson@mchadwellmediation.com www.mchadwellmediation.com 22
1. CT-004866-16: 9-6-19, Karla Westbrooks and Steven Brown v. Maria Zhorne and Brent Zhorne, Auto Accident, Jury, Shannon D. Elsea for Plaintiff, Bradley W. Eskins for Defendant. Defense Verdict (Zero verdict on admitted fault).
DIV. 9: YOLANDA R. KIGHT 1. CT-002666-18: 10-3-19, Phillip Mahnken v. Andrew Bettis Aviation, LLC, Breach of Employment Contract, Non-Jury, William B. Ryan for Plaintiff, G. Coble Caperton for Defendant. Plaintiff Verdict for $7,331.88.
United States District Court
WESTERN DISTRICT OF TENNESSEE—WESTERN DIVISION by DEAN DECANDIA
Covers July to December 2019 FOWLKES 1. USA v. Shuntario Johnson: Trial from Sept 9 to 17. Indicted for Conspiracy to commit Robbery Affecting Interstate Commerce, Carjacking, 2 counts of Discharging a Firearm during and in relation to a Crime of Violence, robbery affecting interstate commerce, 3 counts of possessing a firearm while a convicted felon, robbery affecting interstate commerce, conspiracy to possess 5 kg or more of cocaine, possession of a firearm in furtherance of possessing 5 kg or more of cocaine. Verdict: Guilty of carjacking, one count of discharging firearm during and in relation to a crime of violence, one count of possessing a firearm while a convicted felon, conspiracy to possess 5 kg or more of cocaine. Prosecution: Jerry Kitchen, Greg Allen. Defense: Barry McWhirter. 2. USA v. James Jackson: Trial from Sept 23 to 27. Indicted for 7 counts of mail fraud, 2 counts of access device fraud, 3 counts of identity theft. Verdict: Guilty as indicted. Prosecution: Stephen Hall. Defense: Robert Thomas, Ned Germany.
LIPMAN 1. Vivian Umphress v. City of Memphis: Trial from Jul 8 to 11. Complaint for employment discrimination, retaliation, § 1983 violation, request for permanent injunction. Verdict: for Plaintiff. Request for permanent injunction denied. Attorneys for Plaintiff: Robert Spence, Jr., Andrew Mark Horvath, Jerrick Murrell. Attorneys for Defendant: Florence Johnson, Roane Waring, III. 2. USA v. Bryan Jackson: Trial from Jul 29 to Aug 2. Indicted for Robbery Affecting Interstate Commerce, Brandishing a Firearm During an in Relation to a Crime of Violence. Hung Jury. Prosecution: Karen Hartridge, Lauren Delery. Defense: Barry McWhirter, Genna Lutz. Re-trial of same indictment from Nov 8 to 20. Verdict: Not guilty. Same attorneys. 3. USA v. Herbert Graham: Trial from Sept 9 to 12. Indicted for Possessing a firearm while a convicted felon, possessing a firearm in a school zone. Verdict: Guilty as indicted. Prosecution: Marques Young, Raney Irwin. Defense: Mary Catherine Jermann-Robinson, Serena Gray.
4. Roy Robertson v. UT Methodist Physicians, LLC, and Barry Weksler, M.D.: Trial from Oct 15 to 18. Complaint for Negligence, Wrongful Death. Verdict: for Defendants. Attorneys for Plaintiff: William Raiford, III, Ralph Chapman. Attorneys for Defendant: Marcy Magee, Christopher Sullivan, Robert Reid
MCCALLA (SENIOR STATUS) 1. USA v. Keith Tate: Trial from Dec 2 to 6. Indicted for Possessing Ammunition while a Convicted Felon. Verdict: Not guilty. Prosecution: Annie Christoff, Wendy Cornejo. Defense: Mary Catherine Jermann-Robinson, Peter Oh.
NORRIS 1. USA v. Harry French: Trial from Jul 22 to 25. Indicted for 3 counts of Carjacking, 3 counts of Brandishing a Firearm During and in Relation to a Crime of Violence. Verdict: Guilty of 2 counts of Carjacking, 2 counts of Brandishing a Firearm. Prosecution: Libby Rogers, Neal Oldham. Defense: Dewun Settle. 2. USA v. Joshua Boyd: Trial from Aug 5 to 6. Indicted for Possessing Fentanyl, Cocaine, Crack Cocaine, Ecstasy, Oxycodone, Marijuana and Xanax with Intent to Distribute, Possessing a Firearm while a Convicted Felon, Possessing Ammunition while a Convicted Felon. Guilty Plea to Possessing Fentanyl, Cocaine, Crack Cocaine, Marijuana and Xanax with Intent to Distribute. Prosecution: Will Crow, Eileen Kuo. Defense: Robert Thomas, Ned Germany.
PARKER 1. Derek Rawlings, Jr., v. Officer Gary Arnold: Trial from Jul 20 to 24. Complaint for § 1983 Violation. Verdict: for Defendant. Pro Se Plaintiff. Attorneys for Defendant: Bruce Brooke, Megan Smith. 2. USA v. Teddy Carruthers: Trial from Nov 18 to 20. Indicted for Possessing Ammunition while a Convicted Felon. Verdict: Not guilty. Prosecution: Libby Rogers. Defense: Tyrone Paylor. 23
KAY ANDERSON Kay Anderson, of counsel in the Memphis office of Baker Donelson Bearman Caldwell & Berkowitz, has become a Rule 31 Listed General Civil Mediator for the state of Tennessee. She is a member of the firm’s Health Care Litigation Group, where she represents physicians, nurses, nurse practitioners and CRNAs in malpractice defense litigation. She is a member of the Defense Research Institute and the Tennessee Defense Lawyers Association and a Fellow of the Memphis Bar Foundation. CINDY ETTINGOFF The board of directors of Memphis Area Legal Services has named attorney Cindy Ettingoff as its Chief Executive Officer, replacing Harrison McIver who retired in March 2019. A graduate of The University of Memphis Cecil C. Humphreys School of Law, Ms. Ettingoff has been a practicing attorney in Memphis and the surrounding areas for over 25 years, primarily focused on labor & employment law and mediation. She also served as MALS’ Managing Attorney of the Pro Bono Unit. She has shown her spirit of volunteerism by helping those who are underserved through her involvement with the Midtown Legal Clinic, Saint Vincent de Paul Society, Catholic Charities, and the Tennessee Justice Center as well as a pro bono mediator through the MidSouth Community Justice and Mediation Center. RICKY HUTCHENS Glankler Brown, PLLC is pleased to announce that Ricky Hutchens has joined the firm as an associate, where he concentrates his practice in the areas of bankruptcy and litigation. He received his J.D. from Vanderbilt University Law School in 2015 where he was a member of the 24
Vanderbilt Law Revie. Along with his J.D., he received a Certificate of Specialization in Law and Business and then clerked for Bankruptcy Judges Shelley Rucker and David Kennedy. Mr. Hutchens, who once aspired to be a film editor, has a master’s degree in communications from The University of Memphis and an undergraduate degree in film production from Full Sail University in Winter Park, FL. DANIELLE IRVINE Danielle Irvine has begun a 6-month fellowship at the Tennessee Innocence Project (TIP) where she will launch TIP’s presence in West Tennessee, working on cases in Shelby County and the surrounding areas. Her fellowship with TIP is part of Bass Berry & Sims’ Pro Bono Program that allows the firm’s associates and staff attorneys to spend up to 6 months serving full-time in a pro bono capacity with the community. ANNE MATHES Anne Mathes, Executive Director of the Community Legal Center, has been named one of the 10 Change Makers for 2020 by Leadership Memphis. The change makers are movers and shakers in Memphis’ civic, business and nonprofit spheres who “changed the lives of others in a good way through their actions.” Mathes has served as CLC’s Executive Director since 2015, following a 30-year legal career, mostly with the firm of Baker Donelson Bearman Caldwell & Berkowitz. CLC provides civil legal services to those with limited means and those at risk.
HON. DIANE VESCOVO The Hon. Diane Vescovo, Chief Magistrate Judge for the Western District of Tennessee, was honored with the Marion Griffin-Frances Loring Award at the Association for Women Attorneys Annual Banquet in January. The award honors those who have made outstanding contributions to women in the legal profession. Judge Vescovo, the first female magistrate judge in the Western District of Tennessee, will retire in May after 25 years on the bench. During the banquet, Judge Vescovo inducted Megan Lane, an associate with Harris Shelton Hanover Walsh, as 2020 AWA President. SUBMIT YOUR NEWS AND UPDATES ONLINE AT: WWW.MEMPHISBAR.ORG/BLOG/SUBMIT-CONTENT
If you are an MBA member in good standing and you’ve moved, been promoted, hired an associate, taken on a partner, or received an award, we’d like to hear from you. Talks, speeches, CLE presentations and political announcements are not accepted. In addition, we will not print notices of honors determined by other publications (e.g., Super Lawyers, Best Lawyers). Notices are limited to 100 words; they are printed at no cost to members and are subject to editing. E-mail your notice and hi-resolution photo (300 dpi) to kswan@memphisbar.org.
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experience, Knowledge, integrity… George Brown and James Lockard are highly effective mediators who have helped parties resolve hundreds of civil matters through the mediation process. Both employ a combination of facilitative and evaluative mediation styles. Each has completed state certified 40-hour mediation and advanced mediation training courses, and are approved Rule 31 mediators. Their background, experience and skill make them very successful mediators with a proven track record for resolving cases. Hon. George H. Brown, Jr. (ret)
James O. Lockard, Esq.
Resolute Systems, LLC Mediation, aRbitRation & adR ConSuLting
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To schedule a case with Judge Brown or James Lockard, call Mike Weinzierl at 901-523-2930 (ext. 125) or email at mweinzierl@resolutesystems.com 1-901-523-2930 • Fax: 1-901-523-2931 707 adams avenue, Memphis, tn 38105 www. MemphisMediators.com
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AgileLaw® is an electronic exhibit and deposition management platform that allows attorneys to easily upload, review, and annotate exhibits prior to depositions. Exhibits are shared electronically during the deposition, reducing the wasteful time and expense associated with paper exhibits and exhibit binders. Memphis Bar Association members receive a 10% discount off any monthly plan.
Smith.ai is a superior virtual receptionist service for phone calls, chats, and texts. Our U.S.-based professionals answer calls and chats; screen and intake clients; schedule appointments; and take payments. Memphis Bar members get a FREE TRIAL, $100 off their first month(s) of calls or chats with code MEMPHIS100, 5% off bundled services, and 15% off annual plans paid upfront.
Members and affiliates can purchase business and office technology such as computers, printers, copiers, document solutions, and software at National Account pricing.
Over the past decade, Zola Creative Media has developed over a thousand attorney websites that not only look elegant and sophisticated, but also serve to generate new business, educate clients and increase firm visibility. Whatever your online marketing goals, Zola Creative has the experience, tools and knowledgeable team of experts to help you achieve them. Memphis Bar Association Members receive $400 off the design fee of a custom website or ongoing marketing plan.
casetext is a legal research tool that offers unique features resulting in better results in less time. Get 15% off with your Bar Association Membership.
CourtCall allows attorneys, probation officers, and other professionals to appear in court by phone or video. CourtCall does our best to replicate the courtroom experience while reducing the cost of litigation, transportation costs, and much more. MBA members receive their 10th appearance free!
Judge Steven C. Hornsby, 901.214.5130 steve@judgehornsby.com www.judgehornsby.com
