TBA Law Blog


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Posted by: Mindy Thomas on Apr 18, 2025

Renew your TBA membership online today to avoid receiving a print membership dues statement. Attorneys not participating in the TBA's firm billing program can log in and renew through their MyTBA dashboard. Questions about member benefits? Reach out to membership@tnbar.org.

Posted by: Stacey Shrader Joslin on Apr 17, 2025
News Type: Legal News

The American Civil Liberties Union of Tennessee (ACLU-TN), this week filed a lawsuit on behalf of three Rutherford County families and PEN America against the Rutherford County Board of Education. The suit challenges the school board’s ban of more than 145 books from school libraries in the county. The three families, who are anonymous, include two rising freshmen and a rising senior who will attend Rutherford County schools next year. PEN America, a national free expression organization, joined the lawsuit on behalf of its author members, 32 of whom have had a total of 53 books banned or restricted by the Rutherford County school board. Read more in a release from the group.

Posted by: Stacey Shrader Joslin on Apr 17, 2025
News Type: Legal News

Five international students at the University of Memphis are in limbo after ICE terminated their student visas this week, the Daily Memphian reports. The university confirmed the students’ Student Exchange Visa Information System records were terminated. “Our division of International Affairs is actively working with the impacted students in addition to advising all U of M international students on how to navigate and maintain their status,” said university spokesman Trent Shadid. The move comes after students at the University of Tennessee in Knoxville also were notified their student visas had been revoked.

Posted by: Stacey Shrader Joslin on Apr 17, 2025
News Type: Legal News

Adams & Reese recently announced a “comprehensive rebrand and website refresh.” According to the firm, the redesign caps off a quarter century of growth and commitment to building collaborative partnerships with clients. Managing Partner Gif Thornton explains: “This is a refreshed identity, reflecting an even deeper understanding of our clients’ evolving needs, as we continue to collaborate as their business and legal partners across our footprint and beyond.” Founded in 1951, Adams & Reese has more than 320 attorneys and advisors in 18 offices across 10 states and the District of Columbia. Offices in Tennessee are located in Chattanooga, Memphis and Nashville. The rebrand was handled by New York-based communications firm Starfish. The website redesign was handled by New York-based technology firm Reflexions. Read more about the rebrand and the significance of the new color palette and styling of the firm name.

Posted by: Stacey Shrader Joslin on Apr 17, 2025
News Type: Legal News

A U.S. judicial panel has voted to abandon a core part of a proposed rule aimed at increasing disclosure of who funds friend-of-the-court briefs by outside groups, Reuters reports. The proposal would have required non-profits, charities or trade associations that file amicus briefs to disclose when a party in a case contributed 25% or more of the organization's annual revenue. The rule had drawn criticism from associations, some judges and the U.S. Department of Justice. However, the panel did approve a proposal requiring an amicus brief filer to name any donor who earmarked money for preparation of the brief if that person or entity had been a member of the organization for less than 12 months. That proposed rule now goes to the Judicial Conference's Committee on Rules of Practice and Procedure for its consideration.

Posted by: Berkley Schwarz on Apr 16, 2025

The Tennessee General Assembly passed the budget for FY2025-2026 which includes an additional $17 million to fund the new Plan for Indigent Representation in Tennessee. TBA President Ed Lanquist Jr. reacted to the development saying, “The TBA thanks the General Assembly and Gov. Lee for making indigent representation funding a priority, and is especially grateful to Chief Justice Holly Kirby, the Tennessee Supreme Court and the Administrative Office of the Courts for their leadership and development of the Indigent Representation plan, which will result in better solutions to improve the system of indigent representation in Tennessee.” The budget is the one piece of legislation that lawmakers constitutionally are required to pass before adjournment. Once the budget is approved, lawmakers will consider matters “behind the budget” that received funding, as well as other priority items. The legislature is expected to adjourn early next week.

Posted by: Azya Thornton on Apr 16, 2025
News Type: Legal News

The Tennessee Court of Appeals ruled Tuesday that while Nashville Mayor Freddie O’Connell’s transit referendum can largely proceed as approved by voters, funds raised through the surcharge cannot be used to purchase land for housing and parks. In a unanimous opinion, Judge Andy Bennett wrote that such purchases fall outside the scope of the state’s IMPROVE Act, which governs transit funding, the Nashville Banner reports. The court noted, however, that the ineligible expenses make up only about 1% of the plan and do not invalidate the overall proposal. The Committee to Stop an Unfair Tax, which filed a lawsuit to block the plan, responded to the decision, with an organization spokesperson calling parts of the ruling “murky” and suggesting a potential appeal to the Tennessee Supreme Court. Metro Legal Director Wally Dietz and O’Connell called the decision an “overwhelming victory” that upholds the will of voters.

Posted by: Azya Thornton on Apr 16, 2025
News Type: Legal News

Car booting will remain largely prohibited in Tennessee after a judge ruled in favor of the state, saying the law restricting the practice benefits the public, WVLT-TV reports. In recent years, multiple booting companies in Middle Tennessee have been accused of operating without licenses and failing to remove boots from vehicles in a timely manner. Concerns about predatory practices prompted the Tennessee General Assembly to pass a law last year making car booting illegal in most situations. One company, Nashville Booting, then sued the state, arguing the law destroyed its business. The judge said that while the law may harm booting companies, it protects the public from reported industry abuses. Current law allows booting only under specific circumstances. New legislation pending this session could ban the practice outright statewide.

Posted by: Azya Thornton on Apr 16, 2025
News Type: Legal News

The University of Memphis School of Law has launched the Transformative Justice Initiative, a new student organization dedicated to "reimagining justice beyond incarceration, punishment and surveillance." According to the school, the group will serve students interested in movement lawyering, public defense, decarceral legal strategies and building alternatives to the criminal legal system. Through events, panels, workshops and collaborations with advocates and impacted communities, the initiative aims to engage law students, attorneys and others who want to promote a legal system focused on healing, accountability and liberation. Attorneys who want to get involved or learn more can contact Tyler.Foster@memphis.edu or visit the school's website.

Posted by: Azya Thornton on Apr 16, 2025
News Type: Legal News

Gerald Powers, a Tennessee man sentenced to death 26 years ago, died Saturday while on death row, the Tennessean reports. The official cause of death is pending a medical examiner’s report, but the Tennessee Department of Correction confirmed Powers had advanced metastatic cancer at the time of his death. He was one of 45 male death row inmates housed at Riverbend Maximum Security Institution in Nashville. Attorneys with the Federal Public Defender for the Middle District of Tennessee allege that the state failed to provide adequate treatment for Powers' illness. His death comes as Tennessee resumes executions following a five-year pause, with four executions scheduled this year. Powers was not among that group.


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