TBA Law Blog


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Posted by: Amelia Ferrell Knisely on Jan 27, 2016

A proposed judicial confirmation plan jumped another hurdle today. The Senate unanimously adopted the Conference Committee on Judicial Confirmation’s report for SB1, HB142. The House will take it up on its message calendar during tomorrow morning's floor session. 

Posted by: Amelia Ferrell Knisely on Jan 27, 2016

Republican House members admitted today that they knew about the allegations of inappropriate behavior by State Rep. Jeremy Durham for months, The Tennessean reports. “I was approached separately by two different women that work around the Legislature in some capacity who alleged to have had inappropriate communications from Rep. Durham,” House Majority Leader Gerald McCormick said. Durham, R-Franklin, today announced that he will resign from the House GOP caucus.  

Posted by: Amelia Ferrell Knisely on Jan 25, 2016

House Speaker Beth Harwell is creating an independent committee to review the legislature’s 19-year-old sexual harassment policy. Harwell, R-Nashville, also announced that as a precautionary measure, interns will not be permitted to attend receptions or events related to the legislature. The announcement comes on the heels of The Tennessean investigation that revealed Rep. Jeremy Durham, R-Franklin, sent inappropriate text messages to women who worked in the statehouse. GOP leaders have come under fire from Tennessee Democratic Party Chair Mary Mancini, who today called for Harwell and House GOP Caucus Chairman Glen Casada, R-Frankin, to resign from their leadership positions. The Tennessean reports Mancini claims the pair created a “toxic workplace."

Posted by: Amelia Ferrell Knisely on Jan 25, 2016

A bill (HB2143) proposed by House Republican Caucus Chair Glen Casada would allow the General Assembly to appoint the state’s solicitor general. The position, currently held by Andrée Blumstein, is appointed by the state attorney general. “My concern is the judiciary interjects itself too much into the doings of the legislature,” Casada, R-Franklin, said. “And having a legislature-appointed solicitor general would provide more balance." Read more from Humphrey on the Hill

Posted by: Amelia Ferrell Knisely on Jan 25, 2016

Tennessee House Republican Chair Ryan Haynes and House Speaker Beth Harwell are asking Rep. Jeremy Durham to resign from the state legislature, The Tennessean reports. Durham, R-Franklin, resigned from his House leadership position Sunday afternoon, amidst a growing controversy over sexual harassment charges related to inappropriate text messages.

Posted by: Amelia Ferrell Knisely on Jan 22, 2016

Republican lawmakers and the Tennessee Medical Association proposed a bill that would halt public release of compensation given to experts who testify, The Tennessean reports. "If attorneys are able to continue accessing and disclosing doctors’ personal financial information, which has no relevance on a trial, it will dissuade more physicians from testifying in important issues," said Dave Chaney, a spokesman for the TMA. The TBA opposes the bill because rules that deal with court procedure should be handled by an existing rulemaking commission, TBA Executive Director Allan Ramsaur told The Tennessean.

Posted by: Amelia Ferrell Knisely on Jan 22, 2016

Gov. Bill Haslam’s 2016 legislative agenda includes public safety and issues related to handguns and abortion. The Republican governor also will introduce the Fetal Remains Act, which would require more reporting of the disposition of fetal remains and establish a mandatory assessment process for surgical treatment centers that annually perform more than 50 abortions. “The Fetal Remains Act strengthens accountability and transparency for surgery centers performing abortions,” Haslam said. The Tennessean also reports Haslam will also attempt to lower the cost of obtaining a handgun permit.

Posted by: Brenda Gadd on Jan 20, 2016

The Conference Committee on Judicial Confirmation for SB1/HB 142 today adopted a report supporting a newly developed proposal that embodies a confirmation process that the TBA supports. The report will go before the House and Senate next week. Under the proposal, the House and Senate will meet in a joint session and a majority yes vote of the combined House and Senate is needed to confirm an appointee. An appointee may be rejected if there is a majority of no votes cast or if one body votes to reject the appointee by a two-thirds vote. Read more from the Nashville Post

Posted by: Barry Kolar on Jan 19, 2016

Parents who want to rely on spiritual means to treat a sick child in lieu of medical or surgical treatment would lose a legal shield under a bill filed today by Sen. Richard Briggs, R-Knoxville. SB 1761 removes the exemption, known as the Spiritual Treatment Exemption Act, the Tennessean reports.

Posted by: Amelia Ferrell Knisely on Jan 19, 2016

The Tennessee Medical Association is asking for a constitutional amendment that protects the General Assembly's ability to set caps on noneconomic damages in medical malpractice lawsuits, The Commercial Appeal reports. The proposed legislation comes after a Chattanooga judge last year ruled Tennessee’s cap is unconstitutional. TMA argues that the cap is necessary to keep good doctors in the state, but some attorneys argue the caps “infringe on the right of trial by jury.”


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