TBA Law Blog


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Posted by: Stacey Shrader Joslin on Jan 2, 2025

A new state law that was set to go into effect on Jan. 1 has been blocked by a federal judge, the Tennessean reports. Chief U.S. District Court Judge Sheryl Lipman in Memphis said the law — which requires websites with content deemed "harmful to minors" to verify the age of each user — was an unconstitutional "scorched earth" approach to free speech rights. Tennessee Attorney General Jonathan Skrmetti, who has defended the law, argues it is a common-sense approach to “stop kids from accessing explicit obscene content while protecting the privacy of adults who choose to do so.” According to the paper, Skrmetti has filed an appeal with the 6th Circuit Court of Appeals.

Posted by: Stacey Shrader Joslin on Jan 2, 2025
News Type: Legal News

Shelby County General Sessions Criminal Court Judge Bill Anderson, who was first elected to the bench in 2010 and was not up for reelection until 2030, will retire as of March 1, the Daily Memphian reports. In a letter to Shelby County Mayor Lee Harris, Anderson says he planned to retire in 2025 since being reelected in 2022. Of his 51-year career in the legal system, he says that opening a veteran’s court 12 years ago was one of the best things he did. Anderson has come under fire for decisions to release suspected criminals without bail, including from elected members of the General Assembly. In February 2024, he was reprimanded for stating in a Shelby County Commission meeting that he "detest[s] the bail bond system in Shelby County." The Board of Judicial Conduct expressed concern that the statement could "undermine public perception and confidence" that a judge would approach cases "fairly and impartially."

Posted by: Julia Wilburn on Dec 31, 2024
News Type: Legal News

After more than 60 years, the historic Highlander Research and Education Center in Grundy County, once known as the Highlander Folk School, has reacquired 8.5 acres of its original land. Highlander hosted pivotal civil rights leaders like Martin Luther King Jr., who spoke in the library that is on the reacquired land. The purchase follows years of tension and disputes with the Tennessee Preservation Trust (TPT), including a controversial sale to a third party. Highlander now plans an inclusive design process involving community and civil rights stakeholders to develop a vision for the site, ensuring it benefits the region and honors its legacy. The Tennessee Lookout has the story.

Posted by: Julia Wilburn on Dec 31, 2024
News Type: Legal News

U.S. Magistrate Judge Alistair Newbern of the U.S. District Court for the Middle District of Tennessee recently sat down with the Nashville Business Journal for the paper's "Women of Influence" series. The court hears all criminal and civil cases falling within Article III federal jurisdiction and in the 32 counties that comprise the district. Newbern praises attorneys who take court-appointed cases, and shares her views on the importance of civic education and her next personal goal: learning to play the banjo.

Posted by: Julia Wilburn on Dec 31, 2024
News Type: Legal News

The American Bar Association (ABA) Comission on Immigration in June partnered with Microsoft to launch a new virtual clinic to help pro se asylum-seekers complete their asylum applications. During this clinic, which included four sessions, nearly 30 volunteers from Microsoft worked with asylum-seekers to gather necessary information and prepare their applications for submission, according to the ABA Journal. “In an ideal world, we would get everyone an in-person attorney to represent them for the full length of their case,” says Stephanie Baez, the commission's director of pro bono. “But in the reality we live in ... we are trying to be thoughtful and innovative on how we engage the most volunteers to help the most people who would otherwise not be able to access any legal assistance.” For more information or to volunteer, fill out the volunteer interest survey on the Commission on Immigration’s website.

Posted by: Julia Wilburn on Dec 31, 2024
News Type: Legal News

Despite a 20% drop in homicides mid-year, and the fact that overall violent crime is down, Nashville will end the year with at least one more homicide than 2023. The Nashville Banner reports that more than 50% of the year’s homicide victims were between the ages of 18 and 34, according to Metro Nashville Police Department data, and 14 were between the ages of 13 and 17. The overwhelming majority of the cases — 92 as of Dec. 28 — involved a gun. Violent offenses are down 5%, aggravated assaults are down more than 6%, and robberies — including those involving businesses as well as individuals on the street — are down more than 10%. Rapes reported to police, however, have risen nearly 20% — 627 as of Dec. 23. Mayor Freddie O'Connell said in a statement to the paper that Nashville had more people die while homeless than died from homicide this year, “so we’re still working on housing as a critical safety issue.”

Posted by: Julia Wilburn on Dec 31, 2024
News Type: Legal News

The TBA will be closed Wednesday in observance of New Year’s Day and will reopen at 8 a.m. CST on Thursday. Visit the TBA website to access CLE offerings for your year-end needs and contact information for individual staff members. Happy New Year!

Posted by: Julia Wilburn on Dec 31, 2024
News Type: Legal News

John P. Williams, currently of counsel with Tune, Entrekin & White, has recently published his first book, "Montgomery Bell: Tennessee Frontier Capitalist" (2024, Acclaim Press). It is the first-ever biography of Bell, Tennessee’s most successful ironmaster in the first half of the 19th century — a time when iron was the essential ingredient in products for the kitchen, the farm and the military. Williams’ biography of Bell traces his odyssey from his Pennsylvania roots during the American Revolution, through his 12 years as a Kentucky hatter, to his 50-year career in the iron business in Tennessee. Many Tennessee attorneys received their high school education at Montgomery Bell Academy, founded in 1867 with a bequest from Bell. The Bells Bend section of Davidson County is named for Montgomery Bell as a result of his ownership of 6,000 acres in that area for more than 30 years and his construction of a home, grist mill and sawmill in Bells Bend. Montgomery Bell State Park in Dickson County is also named for Bell because several of his iron furnaces were located in that county.

Posted by: Azya Thornton on Dec 30, 2024
News Type: Legal News

On Dec. 26, the U.S. 5th Circuit Court of Appeals issued an order vacating the government’s motion to stay a district court's preliminary injunction against the Corporate Transparency Act (CTA), stating the action was necessary to "preserve the constitutional status quo while the merits panel considers the parties' weighty substantive arguments." This order follows a series of legal actions regarding the CTA. Earlier this month, a Texas district court issued a nationwide preliminary injunction, halting all reporting requirements under the CTA. The 5th Circuit had initially stayed the injunction, reinstating the mandatory reporting requirements. However, after the Dec. 26 order, the court lifted the stay, again halting the reporting requirements until the appeal is resolved. As a result, the original nationwide preliminary injunction is now in force. The New York Times has more on this decision.

Posted by: Azya Thornton on Dec 30, 2024
News Type: Legal News

The Federal Trade Commission (FTC) earlier this month announced a final Junk Fees Rule to prohibit bait-and-switch pricing and other tactics used to hide total prices and bury junk fees in the live-event ticketing and short-term lodging industries. According to a press release from the FTC, the final rule does not prohibit any type or amount of fee, nor does it prohibit any specific pricing strategies. It simply requires that businesses that advertise their pricing be transparent about prices and fees with consumers up front. The FTC estimates the rule will save consumers up to 53 million hours per year that would otherwise be spent searching for the total price of live-event tickets and short-term lodging.


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