TBA Law Blog


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Posted by: Azya Thornton on Nov 22, 2024

Tennessee legislators are increasing pressure on the Tennessee Secondary School Athletic Association (TSSAA) to revise its restrictive transfer rule. According to the Tennessean, several state lawmakers have expressed interest in the issue and requested a meeting with TSSAA executive director Mark Reeves, who expects the meeting to occur before the new year. Reeves anticipates potential legislation addressing the transfer rule could be introduced in the upcoming legislative session. Some lawmakers argue that the TSSAA's current policy may be unlawful, and that the association is violating the law by enforcing the rule. TSSAA seeks to maintain autonomy in governing high school athletics and TSSAA member schools have said they don’t want to loosen the association’s current transfer rule, as it's viewed as a way to curtail recruiting among high schools, the newspaper reports.

Posted by: Stacey Shrader Joslin on Nov 21, 2024

State Rep. Gino Bulso, R-Brentwood, has introduced legislation that would raise the current cap on noneconomic damages for most civil lawsuits from $750,000 to $1.5 million. HB0005, filed on Nov. 6, also would increase the cap for noneconomic damages in catastrophic cases from $1 million to $2 million. Supporters of increasing the limits have said that inflation has eaten away at the buying power of the award. The Tennessee Journal has more.

Posted by: Azya Thornton on Nov 20, 2024

Former Tennessee State Sen. Katrina Robinson, who represented parts of Memphis, has been resentenced for misrepresentations made to the Health Resources and Services Administration, according to a press release from the U.S. Attorney's Office for the Western District of Tennessee. Robinson was resentenced to time served and fined $48,600. Her original sentencing in 2022 was for time served and one year of supervised release. Robinson was founder and director of The Healthcare Institute, a for-profit organization that provided educational and training programs for jobs in the health care field. The institute received $2.2 million in federal grants between 2015 and 2019. In 2021, a jury found Robinson guilty of two counts of wire fraud in connection with transfers she made from the institute's operating account for personal expenditures.

Posted by: Azya Thornton on Nov 15, 2024

Immigration is poised to be a key issue in Tennessee’s legislature this year, with several bills already proposed ahead of the upcoming session. State Rep. Todd Warner, R-Chapel Hill, has proposed a bill that would require law enforcement to transport undocumented individuals to “sanctuary cities,” which offer protections to undocumented immigrants. Another bill, introduced by Rep. Scott Cepicky, R-Culleoka, would direct the state to redesign drivers licenses, permits and other state-issued IDs to clearly distinguish between U.S. citizens and noncitizens. The Nashville Banner reports on both proposals.

Posted by: Liz Slagle Todaro on Nov 14, 2024

Tennessee's 114th General Assembly will convene on Jan. 14, 2025, and TBA’s Government Affairs team is committed to affecting positive change on behalf of Tennessee attorneys. The best way for TBA members to connect with these efforts is through our Grassroots Advocacy Initiative, a network of engaged lawyers, interested in and informed about issues relevant to the practice of law in our state. Please complete this form if you are interested in learning more about TBA's grassroots efforts, including opportunities to advocate, like TBA's 2025 Day on the Hill and Big Shrimp Legislative Reception. Both events will be held March 19, 2025 in Nashville, providing an opportunity to meet with legislators and talk to them about issues important to the profession. Increased resources for indigent representation remains a priority for TBA. Look for another article in our Indigent Representation Primer in Friday's TBA Today.

Posted by: Stacey Shrader Joslin on Nov 14, 2024

Tennessee Republican senators today nominated Randy McNally of Oak Ridge to a fifth two-year term as speaker and lieutenant governor, Tennessee Journal reports. McNally was unopposed in a caucus election after serving for eight years in the role. Other Republican leaders nominated today included Majority Leader Jack Johnson of Franklin and Caucus Chair Ken Yager of Kingston.

Posted by: Azya Thornton on Nov 13, 2024

A panel of Tennessee lawmakers is examining the state's bail bond system and GPS monitoring. According to Action News 5, it was a key topic in the Senate on Tuesday, as it is an issue in all 95 counties in Tennessee. A group of criminal court judges submitted nine areas of concern to the Senate Bail Task Force regarding the bail system and GPS monitoring. Lawmakers on the task force are seeking ways to streamline communication and share information to ensure offenders follow bond conditions and law enforcement is aware of them. This action comes after a Mississippi woman was killed allegedly by her ex-boyfriend while he was out on bond with strict conditions to stay in Davidson County, though those conditions were not followed. The task force is expected to issue a report on its findings from this hearing by January.

Posted by: Stacey Shrader Joslin on Nov 7, 2024

The first bill filed ahead of Tennessee's 2025 legislative session is a revival of Gov. Bill Lee's plan for a statewide expansion of school vouchers, Axios reports. House Majority Leader William Lamberth, R-Portland, and Senate Majority Leader Jack Johnson, R-Franklin, introduced HB1/SB1 respectively yesterday. This year’s version of the bill also includes teacher bonuses and a funding guarantee for public schools, according to the Nashville Banner. "This bill empowers parents — not the government — to make decisions about the unique needs and diverse interests of their children," Lamberth said in a statement. On the other side, state Sen. London Lamar, D-Memphis, said the plan would divert "public dollars away from underfunded public schools."

Posted by: Liz Slagle Todaro on Nov 6, 2024

All 99 seats in the Tennessee House of Representatives were decided, including in 31 districts with unopposed candidates, yesterday. The state legislature will remain a Republican supermajority, with that party maintaining its 75-24 seat advantage. The Secretary of State has the unofficial results. Among the state House races that were especially close was District 97, where incumbent Rep. John Gillespie, R-Memphis, defeated former Shelby County Democratic Party Chair Jesse Huseth by just over 1,000 votes, and District 18, with Rep. Elaine Davis, R-Knoxville, retaining her seat over Democratic opponent Bryan Goldberg with a margin of 2,600 votes, WBIR reports.. In District 67, Rep. Ronnie Glynn, D-Clarksville, won re-election by 131 votes, narrowly defeating Republican challenger Jamie Dean Pelz, and in District 74, incumbent Rep. Jeff Burkhart, R-Clarksville, secured a victory over Democratic candidate Allie Phillips by just under 2,000 votes. Clarksville Now has more on both races. The Democratic party was able to retain two seats, as Shaundelle Brooks defeated Republican Chad Bobo in the race to replace retiring Nashville Democrat Darren Jernigan in District 60, and Nashville Rep. Bo Mitchell kept his District 50 seat in the race against Metro Councilmember Jennifer Frensley Webb, Tennessee Lookout reports.

Posted by: Azya Thornton on Nov 6, 2024

Following yesterday's election, the Tennessee state Senate will gain three new Republican members when it convenes in January. The Tennessean reports that Tom Hatcher will fill the open District 2 seat, previously held by retiring Sen. Art Swann, R-Maryville. In District 4, newcomer Bobby Harshbarger defeated independent Dalia Price. He had previously defeated incumbent Sen. Jon Lundberg in the August Republican primary. In District 8, Jessie Seal — who ousted Sen. Frank Niceley in the Republican primary with support from a pro-voucher political action committee — won that seat. The Tennessean looks at the even-numbered Senate seats that were up for grabs in this year's election.


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