TBA Law Blog


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Posted by: Azya Thornton on Mar 26, 2025

Tennessee Attorney General Jonathan Skrmetti on Tuesday led a bipartisan coalition of 30 attorneys general urging the U.S. Congress to pass federal legislation that would allow states to deploy cell phone jamming systems in prisons. The proposed bill seeks to prevent inmates from using smuggled cell phones to orchestrate crimes from behind bars. Currently, federal law prohibits the use of cell phone jamming technology. The legislation is designed to avoid interfering with emergency signals while granting states the authority to implement targeted jamming systems within prisons. “Contraband cell phones pose a serious risk to public safety when criminals reach beyond prison walls and continue terrorizing our communities,” Skrmetti said in a press release. “This legislation finally gives states the tools they need to stop this illegal and dangerous activity.”

Posted by: Azya Thornton on Mar 26, 2025
News Type: Legal News

The state Senate State and Local Government Committee has unanimously voted in favor of legislation that would financially penalize private prison operators for increasing death rates. The bill, SB1115, would allow the state Department of Correction to remove 10% of the prison population from any private prison once the death rate reaches twice the average death rate in state-run prisons. The legislation specifies that the population reduction would continue "until the department determines that the conditions leading to the reduction have been corrected." The House State & Local Government Committee passed its version (HB1144) today and forwarded it to the Finance, Ways, and Means Subcommittee. Action is scheduled next for April 2. According to The Tennessean, one private prison operator — CoreCivic — is paid based on its daily inmate population so a reduction would impact its bottom line. A Tennessean review in January of death data from 2020 to 2023 found that deaths occurred disproportionately in CoreCivic facilities, with more than 50% of prison deaths during that period occurring in company's four facilities.

Posted by: Julia Wilburn on Mar 25, 2025
News Type: Legal News

After an initial attempt in February to cancel a contract for legal services for immigrant children, the U.S. Department of Health and Human Services (HHS) has now fully canceled its contract with the Acacia Center for Justice, which provided federal funding for lawyers who represent unaccompanied immigrant children. The Daily Memphian reports that the decision will affect hundreds of children across the state who have legal representation through groups such as Latino Memphis, Advocates for Immigrant Rights (AIR) and Mid-South Immigration Advocates (MIA). “It’s an existential threat to our organization as it represents the vast majority of our budget for both our Memphis and Nashville offices,” said MIA legal director Sally Joyner. According to Joyner, last year’s federal contract was $902,346 or around 80% of MIA's budget. That money is going to have to be replaced somehow, she says, because groups still have ethical obligations to represent these children. The American Bar Association (ABA) also weighed in on the issue, saying, "Without specialized children’s programs and attorneys, many of these kids — some as young as toddlers — will be forced to navigate adversarial immigration proceedings alone. Legal services providers help ensure that children’s immigration proceedings are fair and efficient, alleviating undue burdens on judges and prosecutors, while protecting children’s due process rights." The Associated Press has more.

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

A coalition running Nashville’s Eviction Right to Counsel program released a fiscal impact study Friday, showing that the pilot initiative helped residents avoid evictions and homelessness while reducing the financial burden on the city’s social safety net. According to the Nashville Banner, the report by financial firm Stout Risius Ross found that attorneys from Legal Aid of Middle Tennessee and the Cumberlands and the Nashville Hispanic Bar Association helped residents avoid eviction in 95% of cases, with a $2.2 million investment generating $5.7 million in direct financial benefits. The report recommended expanding the program, estimating a $9.3 million annual cost for full-scale implementation, which could result in savings of up to $43.9 million. Metro Councilmember Zulfat Suara, a key advocate for the program, is pushing for continued funding and expansion, arguing that the program not only provides financial savings but also improves residents' mental and physical health.

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

A three-judge panel from the D.C. Circuit Court of Appeals on Wednesday denied the White House's attempt to restart deportations under wartime authority. By a 2-1 vote, the panel upheld a lower court order that temporarily blocked the Trump administration from quickly deporting alleged Venezuelan gang members under the Alien Enemies Act of 1798, National Public Radio reports. The White House said it plans to appeal to the Supreme Court. The ruling keeps in place a temporary restraining order from District Court Judge James Boasberg, who on March 15 blocked deportations under the act. The Department of Justice argued that Boasberg had overstepped his authority by intervening in foreign policy matters. The order will expire Saturday, and further proceedings on whether to issue a longer injunction are expected to return to Boasberg.

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

Chambliss, Bahner and Stophel has announced that shareholder Cal Marshall is the new chair of its Health Care Practice Group. He succeeds Doug Griswold. Marshall advises health care and business clients on regulatory compliance and transactional matters. A former aide to several U.S. House of Representatives members, he has a background in health care policy and government oversight, offering strategic guidance to clients nationwide, according to Chattanoogan.com. Marshall earned his law degree from the University of Virginia School of Law. He is a fellow of the American Bar Foundation and a member of the Chattanooga, Tennessee and American Bar Associations. "I am honored to step into this leadership position and build upon our team's strong foundation," Marshall said. "I look forward to facilitating the continued growth of our practice and the exceptional service our clients expect."

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

A Memphis physician has been indicted for theft and insurance fraud, marking the second time the doctor has faced similar charges in the last two decades. Dr. Rande Lazar, an ear, nose and throat specialist, has been charged with one count each of TennCare fraud and theft of property. Lazar was indicted March 6, taken into custody March 13 and released on a $35,000 bond. He is due back in court in May. Legal trouble began for Lazar in 2004, when he was federally indicted on 115 counts of insurance fraud after allegedly filing false insurance claims for surgeries he did not perform, the Daily Memphian reports. Lazar was accused of falsely billing for frontal sinus surgery for more than 100 children. The indictment accused Lazar of requiring others in his practice to falsify both TennCare and Medicaid records to indicate that he had performed the surgeries. Those charges were later dropped after a judge found the search warrant served in the case was problematic.

Posted by: Azya Thornton on Mar 25, 2025

The Tennessee General Assembly has confirmed Judge Valerie L. Smith and Judge Steven W. Sword to their respective appellate courts. Both were appointed by Gov. Bill Lee on Feb. 28. Smith will join the Tennessee Court of Appeals, Western Division, to fill a vacancy left by the retirement of Judge Arnold B. Goldin. She previously served as a circuit court judge for the 30th Judicial District and worked as an attorney at Nahon, Saharovich & Trotz and the Shelby County District Attorney’s Office. She received her law degree from the University of Memphis. Sword was confirmed to the Court of Criminal Appeals, Eastern Division, to fill a vacancy created by the death of Judge James C. Witt Jr. Sword served as a Knox County criminal court judge since 2011, and was an assistant district attorney for 15 years. He is also a judge advocate general in the U.S. Army Reserves. Sword received his law degree from the University of Tennessee School of Law.

Posted by: Azya Thornton on Mar 24, 2025
News Type: Legal News

The TBA Board of Governors has filled several key positions that had been vacant after the filing period closed. Cookeville attorney Henry "Hank" D. Fincher was named 4th District governor. Knoxville lawyer Kelly Street with McAfee Armistead & Davis was appointed the East Tennessee grand division governor. And Alexandra "Alix" Rogers with Belmont University College of Law in Nashville was selected as Tennessee's young lawyer delegate to the ABA House of Delegates. The TBA is still seeking to fill vacancies in its House of Delegates for Districts 9, 14, 15, 24, 26, 28 and 31. Interested candidates are encouraged to visit the TBA’s election page for additional information and contact BarED@tnbar.org to be considered for any of the openings.

Posted by: Azya Thornton on Mar 24, 2025
News Type: Legal News

The Tennessee Attorney General’s Office Division of Consumer Affairs and the Tennessee Board for Licensing Contractors warned consumers last week about home improvement fraud and provided tips in a press release to help recognize and avoid fraudulent contractors. "Home improvement scams top the list of consumer complaints received by our Division of Consumer Affairs," said Tennessee Attorney General Jonathan Skrmetti. "If you’re planning to renovate this spring, make sure your contractor really is licensed and bonded — don’t take their word for it. Do your due diligence before you trust anyone with your money."


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