TBA Law Blog


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Posted by: Azya Thornton on May 12, 2025
News Type: Legal News

Blount County District Attorney Ryan Desmond’s office has begun reviewing evidence in an ongoing investigation into the Knox County Trustee’s Office after Knox County District Attorney General Charme Allen formally recused her office from any future prosecutions, Knox News reports. Desmond confirmed his office is coordinating with the Tennessee Comptroller of the Treasury and does not need to wait for that agency's investigation to conclude to begin legal review. The probe centers on Trustee Justin Biggs and staff members, who are accused of misusing taxpayer funds on luxury hotel stays and personal use of county-leased vehicles. The investigation also recently expanded to include other county officials and possible misuse of public resources, according to the paper.

Posted by: Azya Thornton on May 12, 2025

Tennessee has renewed its contract with private prison operator CoreCivic to run the South Central Correctional Facility in Wayne County. The State Building Commission approved the three-year, $168 million contract during a meeting last Thursday. The contract will take effect July 1 and run through June 30, 2028, according to the Nashville Post. The South Central facility is one of four prisons in Tennessee operated by CoreCivic that have faced scrutiny in recent years over poor conditions and inmate deaths. The new contract comes as the state legislature recently passed HB1144/SB1115 as amended, increasing oversight of private prisons by requiring a facility’s inmate population to be reduced by 10% if its death rate is twice that of a comparable state-run prison. The legislation, signed by Gov. Lee on May 9, also requires population reductions to continue until the issues are resolved.

Posted by: Azya Thornton on May 12, 2025
News Type: Legal News

Former Kentucky county clerk Kim Davis plans to ask the U.S. Supreme Court to decide whether she was protected by the First Amendment when she refused to issue marriage licenses to same-sex couples nearly a decade ago, her attorney says. The News-Enterprise reports that the move follows the 6th U.S. Circuit Court of Appeals’ decision to deny a request to rehear her case, stating that the panel of judges who ruled against Davis in March had already fully considered it. Davis is challenging a federal jury’s decision that she must pay $100,000 to a couple she denied a marriage license in 2015. Davis, then the Rowan County clerk, made national headlines for refusing to issue marriage licenses to several same-sex couples, citing her religious beliefs. U.S. District Judge David Bunning jailed Davis for five days for contempt after she failed to comply with a court order. In 2024, Bunning ordered Davis to pay $260,104 in legal fees and expenses to attorneys who represented one of the couples.

Posted by: Azya Thornton on May 12, 2025
News Type: Legal News

The U.S. 9th Circuit Court of Appeals on Friday upheld a federal law banning nonviolent felons from owning firearms, ruling the ban does not violate the Second Amendment right to bear arms. In an en banc decision, the court said its ruling aligns with four other federal circuit courts that have reached similar conclusions, Bloomberg News reports. It is the latest federal appeals court decision to apply the U.S. Supreme Court’s constitutional test, which requires courts to examine whether a gun restriction has a historical analogue dating back to the nation’s founding. The ruling upholds the criminal conviction of Steven Duarte, who was caught with a pistol in Los Angeles while knowing he had previously been convicted of five nonviolent felonies. A three-judge panel of the 9th Circuit had found the law unconstitutional in 2024, but the court voted to rehear the case after the Supreme Court clarified the test in the U.S. v. Rahimi.

Posted by: Azya Thornton on May 12, 2025
News Type: Legal News

Gov. Bill Lee has appointed Jennifer Peck as the new 11th Judicial District Circuit Court judge effective immediately, the Chattanooga Times Free Press reports. Her appointment fills a vacancy created by the resignation of Judge Michael Dumitru, who recently took office as a new federal magistrate judge in East Tennessee. Peck has been serving as chief of staff and chief operating officer at the Tennessee Department of Commerce and Insurance. She previously owned and managed Peck Legal Group. She earned her law degree from Regent University School of Law. “Jennifer has faithfully served Tennesseans during her tenure at the Department of Commerce and Insurance, and I am confident she will continue to serve with integrity,” Lee said in a news release.

Posted by: Azya Thornton on May 12, 2025

Starting with the class of 2028, Tennessee high school students must take at least one computer science course to graduate. A new policy, unanimously approved by state lawmakers in 2022, is designed to prepare students for a growing number of jobs that require a deeper understanding of technology and artificial intelligence (AI). Tennessee is one of 12 states that already have a computer science mandate in place. According to Axios Nashville, more than 200 CEOs signed a letter this month urging state leaders nationwide to follow Tennessee’s lead by requiring AI and computer science courses for high school graduation. “To be a full participant in the economy and the world, you have to be able to understand the technology that’s driving the world,” state Sen. Jeff Yarbro, D-Nashville, told Axios. Yarbro helped lead efforts to draft Tennessee’s plan for computer science education.

Posted by: Stacey Shrader Joslin on May 12, 2025

Nashville lawyer Margaret Behm will be honored next month with the Judge Pamela L. Reeves Tennessee Professionalism Award from the Tennessee Bar Association (TBA) and Tennessee’s American Inns of Court. Behm, an attorney with Dodson Parker Behm & Capparella, is being recognized for her selfless contributions to the legal profession, which include a number of “firsts,” including serving as the first chair of the Tennessee Judicial Selection Commission and the Tennessee Supreme Court’s Access to Justice Commission. In announcing this year's recipient, TBA President Ed Lanquist Jr. said, “Margaret Behm has spent her career in service to the legal profession advancing the best things about our practice. While she has promoted the role of all lawyers, she has specifically promoted the role of women by serving as a mentor and an inspiration to many, including many serving on the bench today. She embodies the qualities envisioned in the Judge Pamela L. Reeves Tennessee Professionalism Award. A lawyer’s lawyer, we are grateful for her many contributions to the profession.”

The professionalism award honors a lawyer or judge whose life and practice display sterling character and unquestioned integrity, coupled with ongoing dedication to the highest standards of the rule of law and the legal profession in Tennessee. It is named in honor of the late Judge Pamela L. Reeves, former chief judge of the U.S. District Court for the Eastern District of Tennessee and the first recipient of the award. Reeves was an active leader in both the American Inns of Court and the TBA, where she was elected the first female president in 1988. The award will be presented at the 2025 Bench/Bar Luncheon set for June 12 as part of the TBA’s Annual Convention in Franklin. Read more in the TBA’s press release.

Posted by: Azya Thornton on May 9, 2025
News Type: Legal News

A Texas man was convicted by a federal jury for making violent threats to lynch and kill Nashville District Attorney (DA) Glenn Funk. David Aaron Bloyed of Frost, Texas, was found guilty of one count of communicating a threat in interstate commerce after posting a series of graphic threats targeting Funk following the arrest of a member of the antisemitic Goyim Defense League during a 2024 protest in Nashville, according to a press release from the Department of Justice (DOJ). The posts included a photo of Funk with the caption “Getting the rope” and other imagery referencing lynching and antisemitic violence. Officials from the DOJ and FBI emphasized that such threats against law enforcement and public servants undermine the justice system and will not be tolerated. Bloyed faces up to five years in federal prison. The FBI Nashville Field Office and the Metropolitan Nashville Police Department are investigating the case.

Posted by: Azya Thornton on May 9, 2025
News Type: Legal News

Tennessee Attorney General Jonathan Skrmetti on Tuesday announced the official opening of the claims process to provide limited restitution to former patients of HRC Medical Centers, which deceptively advertised hormone therapy treatments. The Attorney General’s Office sued HRC in 2012, alleging the company made numerous misleading claims about its bioidentical hormone replacement therapy treatments. In 2017, the state obtained an $18 million judgment against HRC, and the office is now distributing the $1.5 million it has been able to collect to consumers harmed by the deception. Individuals who purchased treatments from HRC’s Tennessee locations in Nashville, Knoxville and Memphis may be eligible for restitution. More information about eligibility is available at this website

Posted by: Azya Thornton on May 9, 2025
News Type: Legal News

Adams & Reese has announced the addition of attorneys Aubrey Harwell and Trey Harwell. They will be joined by two associates from the Neal & Harwell firm, which Aubrey co-founded in 1971. Trey will lead a new crisis management team at Adams & Reese, while Aubrey will lead the firm's white-collar criminal defense practice. Aubrey has practiced nationally in white-collar criminal defense for more than 50 years, while Trey has handled high-profile crisis management and major corporate matters for three decades. “The Harwell brand has been a staple in the Nashville legal community and beyond for over 50 years. We are honored to welcome Aubrey and Trey as they bring their practices to Adams & Reese,” Managing Partner Gif Thornton said in a press release. In an interview with the Nashville Business Journal, the Harwells discuss their decision to move firms and their excitement for the future and continuing to work together.


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