TBA Law Blog


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Posted by: Brittany Sims on Feb 28, 2013

Gov. Bill Haslam’s reform proposal to take workers' compensation cases almost entirely out of the court system has set off alarms across the state. Under Haslam’s plan, a new state agency would handle all claim disputes. The Tennessee Bar Association recently published a letter by attorney Dave Dunaway arguing the reforms will cost taxpayers thousands of dollars, not contain premium costs and game the system in favor of the insurance industry. “It’s going to become a lot more formulaic, and there’s no consideration for pain," TBA Executive Director Allan Ramsaur told the Tennessean. "The whole process will be more cut and dried. Their goal seems to be to reduce litigation, but what it really means is fewer opportunities for clients to have individual circumstances brought to bear.”

Posted by: Brittany Sims on Feb 27, 2013

Vehicles less than three years old would be exempt from Tennessee’s mandatory emissions testing under a bill working its way through the General Assembly, the Chattanooga Times Free Press reports. House Transportation Committee Chairman Vince Dean, R-East Ridge, calls the proposal a “common sense bill," saying that there is no need to test newer cars. There are only six counties in the state that, because of their air quality, require emissions testing: Hamilton, Davidson, Rutherford, Sumner, Williamson and Wilson.

Posted by: Stacey Shrader Joslin on Feb 26, 2013

Tennessee Attorney General Robert Cooper has found that legislative attempts to block the enforcement of federal gun laws in the state are unconstitutional. The opinion says the U.S. Constitution’s Supremacy Clause trumps state statutes, making it unlawful to nullify firearms laws made on the national level. He goes on to say the state legislature also can’t take a backdoor route and criminalize the enforcement of gun laws in Tennessee. Nashville Public Radio has the story.

Posted by: Stacey Shrader Joslin on Feb 26, 2013

State Rep. Timothy Hill, R-Blountville has introduced legislation that he says will help “avoid abuse of the judicial system by making it tougher to get orders of protection,” the Elizabethton Star, reports. But the director of a domestic violence prevention group says it could put more women in danger. HB 1128 would raise the level of proof needed for a one-year order of protection from “preponderance of the evidence” to “clear and convincing evidence.” Hill said he introduced the bill to begin a conversation on the issue, leaving the door open to further revision.

Posted by: Stacey Shrader Joslin on Feb 26, 2013

A proposal to allow cities and counties to hold referendums on expanded wine sales scored its first legislative victory today when the Senate State and Local Government Committee voted 5-4 to advance SB 0837. The measure still must be approved by the Senate Finance Committee before heading to the floor, the Memphis Daily News reports. The House began its hearings on the issue today, but has not yet scheduled a vote.

Posted by: Stacey Shrader Joslin on Feb 22, 2013

The Haslam Administration's proposal for workers’ compensation overhaul may see its first legislative test next week when it comes before the Workers' Compensation Advisory Council on Thursday at 1 p.m. The council is set up to review and comment on bills but it cannot stop legislation. A TBA Workers’ Comp Working Group has been closely following the developments and is presently reviewing the latest draft of the legislation. The long-standing policy of the TBA is to oppose moving workers’ comp claims from the courts to a purely administrative process. The TBA hopes to continue playing a constructive role in whatever legislation emerges. The administration’s amendment would replace SB 200/HB 194. TBA members have voiced their views to many lawmakers. Among those commenting was LaFollette lawyer David H. Dunaway, who wrote this letter to the editor of the Tennessee Bar Journal.

Posted by: Brittany Sims on Feb 21, 2013

The state Senate voted 29-2 in favor of a constitutional amendment that would end the current merit selection process and let the governor select appeals court judges with legislative confirmation. “The people of Tennessee have never been asked whether they favor the judicial selection plan that our founding fathers in the U.S. Constitution came up with,” the measure’s sponsor, state Sen. Brian Kelsey, R-Germantown, told the Tennessean. If approved by the House, the measure will appear on the ballot during the general election in November 2014.

Posted by: Brittany Sims on Feb 21, 2013

The Senate Education committee passed legislation that would require schools and other organizations conducting youth athletic programs in Tennessee to adopt concussion policies. The proposal, sponsored by Sen. Jim Tracy, R-Shelbyville, was approved 8-0 and will head to the floor of the Senate. News Channel 5 also reports a proposal to eliminate affirmative action initiatives in higher education institutions in Tennessee has been delayed another week in order to work out language of the bill. As written, the legislation would prohibit colleges and universities from granting preference “based on race, gender or ethnicity.” The main issue is the interpretation of the term “preference.”

Posted by: Brittany Sims on Feb 20, 2013

Senate Judiciary Committee Chairman Brian Kelsey delayed a vote on legislation that declares Tennessee has a right to nullify federal gun laws and charge federal agents who enforces them with committing a felony. The bill, sponsored by Sen. Mae Beavers, R-Mount Juliet, is presented as an amendment to the Tennessee Firearms Freedom Act of 2009. In a wrap-up of recent legislative news, Knoxnews also reported on a proposal to tighten enrollment requirements for online-only schools, which was approved in the House Education Committee. The proposal would allow online schools to start with an enrollment of 1,500 and expand so long as they meet performance requirements.

Posted by: Brittany Sims on Feb 20, 2013

A measure that would allow Tennessee to approach Congress about forming the state’s own health care system has failed a second consecutive year, the Memphis Daily News reports. The proposal, sponsored by Rep. Mark Pody, R-Lebanon, failed 9-9 in the House Insurance and Banking Committee. The bill would have allowed Tennessee to join an interstate health care compact in seeking other options. Opponents said it is unnecessary and could hurt the state’s other health initiatives such as Tennessee’s federal match for TennCare and the expanded Medicaid program


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