The Bankruptcy Venue Reform Act of 2011: Hearing Update
I previously posted on the Bankruptcy Venue Reform Act of 2011 (H.R. 2533), available here, which attempts to prevent Chapter 11 debtors from filing bankruptcy in a debtor-friendly forum where they have no real presence. On September 8, 2011, the Judiciary Committee conducted a hearing and gathered evidence. I previously assumed this bill was dead-on-arrival once the big business lobby sunk its teeth in, but it appears that the legislation is growing bi-partisan support.
By Senate Confirms Donald to Sixth Circuit Court of Appeals
On September 6, the U.S. Senate confirmed Judge Bernice Bouie Donald, U.S. District Court for the Western District of Tennessee, to the Sixth Circuit Court of Appeals. The vote was 96-2; Senators David Vitter and Jim DeMint voted against the nomination. Here are some quick facts relating to the newest member of the Sixth Circuit:
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Age 59.
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Continuously served as a judge in Tennessee since 1982.
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Attended law school at the University of Memphis Cecil C. Humphreys School of Law (1975-1979).
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Attended Memphis State University (1969-1974).
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First African-American woman to be elected as a judge in Tennessee (1982-1988), serve as a bankruptcy court judge (Western District of Tennessee, 1988-1995), and sit as a U.S. district judge in her state.
Once Judge Donald is sworn in sometime during the next four to six weeks, the Sixth Circuit will be up to its capacity of 16 judges, comprised of nine nominated by Republican presidents and seven nominated by Democrat presidents.
Summary Judgment Is Revived in Tennessee
Last month, Governor Haslam signed into law two bills that have returned Tennessee summary judgment jurisprudence back to the federal standard. These laws overruled two landmark decisions by the Tennessee Supreme Court - Hannan v. Alltel Publishing Co., 270 S.W.3d 1 (Tenn. 2008), and Gossett v. Tractor Supply Co., Inc., 320 S.W.3d 777 (Tenn. 2010) - which created a significantly different standard for summary judgment motions in Tennessee.
Legislative Update: Tennessee Workers Compensation Law
Last month, I reported on a bill passed by the Tennessee legislature that temporarily suspends the requirement that independent contractors in the construction industry obtain workers’ compensation coverage on themselves. The requirement had been in effect for less than a month before being suspended due to its “unintended” financial consequences on small construction contractors. Now, lawmakers are considering another bill, one that would amend the requirement permanently. See SB 3591 by Ketron/HB 3163 by Curtiss, Pitts.
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