TBA Law Blog


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Posted by: Stacey Shrader Joslin on Jun 26, 2025

The U.S. Senate Judiciary Committee voted along party lines to advance to the full Senate President Trump's nomination of Whitney Hermandorfer to the 6th Circuit Court of Appeals. During the committee hearing earlier this month, Hermandorfer faced questions about her experience and the president’s interpretation of the birthright citizenship issue but won praise from Tennessee's congressional delegation and state Attorney General Jonathan Skrmetti. Most recently serving as director of the Strategic Litigation Unit in Skrmetti’s office, Hermandorfer would replace Judge Jane Branstetter Stranch if confirmed. The committee also approved four other trial court nominees today, the first of Trump’s second term. Reuters has more on the action.

Posted by: Julia Wilburn on Jun 26, 2025

Several new state laws will take effect on July 1 that cover public safety, youth protections, health care, consumer rights and transportation, with several designed to address evolving concerns around substance abuse, road safety and emerging technologies. House Bill 995 expands Tennessee’s good Samaritan Law to offer legal immunity from certain alcohol-related misdemeanors — including underage drinking and public intoxication — for those who call 911 or assist someone in need. House Bill 72 imposes mandatory jail time and fines on anyone convicted of selling hemp-derived cannabinoid products — like THC gummies — to individuals under 21. Similarly, House Bill 751 increases penalties for exposing children to fentanyl, creating a felony offense for endangering a child in such a way. If the child is younger than 8 years old, the offense is upgraded to a Class B felony. The Tennessee Ledger looks at all the upcoming changes.

Posted by: Julia Wilburn on Jun 26, 2025
News Type: Legal News

Tennessee’s Flex Loan law, passed in 2014, has allowed high-interest lenders to trap borrowers in cycles of debt through repeated reborrowing, despite earlier state laws banning such practices for payday loans, a new report concludes. In a joint reporting project between Tennessee Lookout and ProPublica, borrowers described being encouraged through frequent emails and mailers to borrow back almost all of their loan payments, leading to ballooning debts and eventual lawsuits, even after paying far more than they initially borrowed. Critics argue the Flex Loan law’s structure enables predatory lending with interest rates effectively reaching over 279% while avoiding federal oversight. The reporting also found that despite complaints, regulatory responses have been minimal and lenders have continued aggressive collection tactics.

Posted by: Julia Wilburn on Jun 26, 2025
News Type: Legal News

The U.S. Justice Department (DOJ) has announced it will try Kilmar Abrego Garcia on federal human smuggling charges in Tennessee before pursuing deportation to a third country, not his native El Salvador, according to the Associated Press. Abrego Garcia's attorneys, concerned he could be swiftly deported before trial, have asked U.S. District Judge Paula Xinis in Maryland to intervene and have him transferred there while awaiting court proceedings. Abrego Garcia — who has lived in Maryland for more than a decade, was deported to El Salvador in March and brought back to the states in June — has denied gang ties and pleaded not guilty to charges stemming from a 2022 traffic stop in Tennessee. Nashville-based U.S. Magistrate Judge Barbara Holmes has ruled for his conditional release pending trial, but yesterday delayed release due to concerns that Immigration and Customs Enforcement (ICE) would deport him before trial.

Posted by: Julia Wilburn on Jun 26, 2025
News Type: Legal News

California legal scholar Eugene Volokh has filed a lawsuit in federal court challenging Tennessee’s law that limits public records access to state residents. After being denied court records by the Williamson County Archives due to his California residency, Volokh argues the restriction violates his rights under the First Amendment and the Privileges and Immunities Clause. His suit contends that court records are essential for his academic research and that denying access based on residency is an unjust barrier. Although the U.S. Supreme Court upheld a similar Virginia law, Volokh asserts his case is different because it involves constitutional, not merely statutory, rights. The Nashville Banner has the story.

Posted by: Azya Thornton on Jun 25, 2025
News Type: Legal News

A Tennessee man whose conviction was overturned after spending 17 years in prison now faces the possibility of being reincarcerated, WSMV reports. Thomas Clardy was convicted in 2007 for a 2005 murder at an auto body shop in Madison based on a delayed, cross-racial eyewitness identification. A federal judge overturned his conviction in 2023, leading to his release. However, this month, the state filed a motion to return him to prison after the U.S. Supreme Court declined to review a 6th Circuit Court of Appeals decision reversing the lower court’s ruling. Clardy’s case has been remanded to federal district court for further consideration. His attorneys have filed petitions for exoneration and commutation, both of which would have to be granted by Gov. Bill Lee.

Posted by: Azya Thornton on Jun 25, 2025
News Type: Legal News

Judges, lawyers, friends and supporters gathered last week to honor Judge Cheryl Blackburn, who recently retired from Division III of the Davidson County Criminal Court. More than 100 people attended a reception at the Nashville School of Law to celebrate her nearly 30 years on the bench. The program featured remarks from former District Attorney Torry Johnson, Nashville School of Law Dean Bill Koch and Criminal Court Judges Angelita Dalton and Steve Dozier, all of whom praised Blackburn as a judge who strived to give both defendants and victims a fair hearing. Tennessee Supreme Court Justice Jeff Bivins presented Blackburn with a plaque from the Tennessee Judicial Conference recognizing her years of public service. Blackburn closed the program by thanking those in attendance.

Posted by: Azya Thornton on Jun 25, 2025
News Type: Legal News

Robert Taswell “Tas” Gardner has been elected by fellow public defenders to serve as president of the Tennessee District Public Defenders Conference. The conference is a statewide network of publicly elected district public defenders representing each of Tennessee’s 32 judicial districts. As president, Gardner will lead the conference’s Executive Committee, which supports public defenders across the state and works with lawmakers on policies and procedures that impact the justice system. He also will serve on the TBA Board of Governors as the conference's representative. Gardner currently serves as public defender for Tennessee’s 24th Judicial District, which includes Benton, Carroll, Decatur, Hardin and Henry counties. Read more in a press release from the group.

Posted by: Azya Thornton on Jun 25, 2025
News Type: Legal News

Tennessee Gov. Bill Lee on Tuesday announced the appointment of Josh Walker to the Tennessee Claims Commission for the Eastern Division. Walker, who currently serves as associate general counsel for the University of Tennessee, earned his law degree from the University of Tennessee College of Law (now Winston College of Law). He will fill a vacancy created by the retirement of Commissioner William A. Young. The appointment is effective July 1 and is subject to legislative confirmation. “I am proud to announce Josh Walker’s appointment to the Claims Commission and value the significant experience he will bring to this role,” Lee said in a press release. “I appreciate his leadership and am confident that Josh will serve Tennesseans with integrity.”

Posted by: Azya Thornton on Jun 25, 2025
News Type: Legal News

The ACLU of Tennessee has filed a lawsuit challenging a new Tennessee law that makes it a felony for local officials to vote in favor of sanctuary city policies. The law, passed earlier this year as part of a broad immigration package, also created a new state immigration enforcement division, a separate driver’s license design for noncitizens and a grant program for local law enforcement agencies, WPLN reports. The ACLU filed the suit on behalf of seven members of Nashville’s Metro Council, arguing that it violates the First Amendment. The group called the measure "an unprecedented effort to criminalize legislative speech, debate and deliberation." The challenged provision makes it a Class E felony — punishable by up to six years in prison and a $3,000 fine — for local officials to support or enact sanctuary city measures. Officials also could be removed from office under the statute. Plaintiffs in the lawsuit include council members Clay Capp, Brenda Gadd, Delishia D. Porterfield, Sandra Sepulveda, Zulfat Suara, Terry Vo and Ginny Welsch. The case was filed in Davidson County Chancery Court.


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