TBA Law Blog


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Posted by: Azya Thornton on Dec 6, 2024
News Type: Legal News

A federal appeals court today upheld a law requiring TikTok’s Chinese parent company ByteDance to sell the app or face a U.S. ban. According to The Hill, a three-judge panel with the U.S. Court of Appeals for the D.C. Circuit found that the law does not violate the First Amendment, as TikTok has argued. At the time it was passed, the law gave ByteDance about nine months to divest TikTok or face a ban on U.S. networks and app stores. President Joe Biden could also opt to give the company a 90-day extension. TikTok is expected to appeal the decision to the Supreme Court, the paper reports.

Posted by: Julia Wilburn on Dec 5, 2024
News Type: Legal News

Rural Bledsoe County, with a population of 15,060 and a poverty rate of 26% — one of the highest in the state — received about $69,000 in opioid settlement money last year from Tennessee's Opioid Abatement Council. County Mayor Greg Ridley felt that the money would be most impactful in funding an opioid prevention program in the school district. Director of Schools Selina Sparkman and School Health Director Michelle Rains developed a program based on grant guidelines to deliver opioid prevention classes within already-required health courses for high school freshmen. Bledsoe County is the only system in the state to hire a teacher focused entirely on opioid prevention education. The Tennessean has the story.

Posted by: Julia Wilburn on Dec 5, 2024
News Type: Legal News

After a 16-monthlong investigation, the Justice Department (DOJ) released a report finding that the Memphis Police Department (MPD) and the city of Memphis engage in a pattern or practice of conduct that violates the U.S. Constitution and federal law. According to a press release, the DOJ found that MPD uses excessive force; conducts unlawful stops, searches and arrests; unlawfully discriminates against Black people when enforcing the law; and the city and MPD unlawfully discriminate in their response to people with behavioral health disabilities. The DOJ also identified serious concerns about MPD’s treatment of children, as well as deficiencies in policy, training, supervision and accountability that contribute to MPD’s and the city’s unlawful conduct. This morning, the city of Memphis published letters from Mayor Paul Young and Interim Police Chief C.J. Davis that acknowledged some of the DOJ's findings but also noted progress has been made on some of the issues. The city has notified the DOJ that it will not enter into negotiations for, or sign, a consent decree, reports the Daily Memphian. The DOJ said it could possibly sue the city and file an injunction, forcing negotiations, but did not commit to taking that step yet, according to the Commercial Appeal.

Posted by: Azya Thornton on Dec 5, 2024
News Type: Legal News

The third annual "Raising the Bar" program, produced by the TBA Women in the Profession Committee, took place yesterday at Baker Donelson's Nashville offices. Keynote speaker Megan Barry, former mayor of Nashville, discussed her new book “It's What You Do Next: The Fall and Rise of Nashville's First Female Mayor.” Following her address, a series of panels focused on personal and professional transitions for attorneys, with notable speakers including Chancellor Anne Martin, retired Judge Bernice Donald, retired Chancellor Ellen Lyle, Casey Duhart, Paul Ney, Judge Khadija Babb and Kisha Cheeks. The program concluded with a session on career development and a one-hour attorney well-being session. The day also provided ample networking opportunities, including a breakfast and reception. Thanks to sponsor Lewis Thomason and to Baker Donelson for hosting the event. See photos from the day.

Posted by: Julia Wilburn on Dec 5, 2024
News Type: Legal News

Vanderbilt Law School has received a $10 million commitment from Sara J. Finley, a 1985 graduate, to advance the school’s leadership in the study of how law, regulation and policy impact equality, equity and opportunity for women. The gift will be used to establish a chair and to endow a program for research, education and advocacy relating to equal rights, equal opportunity and nondiscrimination. “This is an extraordinary gift that will advance our understanding of the ways in which law and policy shape our experiences in leadership, in the workplace and across so many other spheres,” Provost C. Cybele Raver said. Read more in a press release from the law school.

Posted by: Azya Thornton on Dec 4, 2024
News Type: Legal News

A legal battle over the expansion of Murfreesboro-based Middle Point Landfill, which is expected to reach capacity by 2028, went before the Tennessee Court of Appeals for oral arguments on Tuesday. According to the Nashville Banner, the case stems from a 2021 decision by the Murfreesboro Regional Planning Board to deny BFI Waste Systems Services' request to expand the landfill by 100 acres. A chancery court later ruled that errors made by the board in following proper procedure for rejecting the plan were "harmless." Court of Appeals Judge Neal McBrayer, one member of the three-judge panel, challenged both sides during the proceedings. The panel did not indicate when a decision would be made.

Posted by: Azya Thornton on Dec 4, 2024

The U.S. Supreme Court appeared to lean toward upholding Tennessee’s ban on gender-affirming care for minors during a hearing on the law, The Hill reports. The court heard more than 2 1/2 hours of oral arguments, with several justices questioning the Biden administration’s claim that the benefits of administering puberty blockers and hormone treatments to some adolescents with gender dysphoria outweigh the risks. The Tennessee Attorney's General Office argued the law is necessary to protect children from "irreversible and unproven gender transition procedures." In a statement, Tennessee Attorney General Jonathan Skrmetti said, "Tennessee’s General Assembly reviewed the medical evidence, as well as the evidence-based decisions of European countries that restricted these procedures, and ultimately passed this bipartisan law prohibiting irreversible medical interventions." The ACLU of Tennessee also issued a statement on the proceeding. A decision in the case, United States v. Skrmetti, is expected by summer. Listen to the proceeding or read a transcript from the court.

Posted by: Azya Thornton on Dec 4, 2024
News Type: Legal News

The Nashville Metro Council on Tuesday narrowly voted against a resolution to approve Fusus, a software program that would have allowed the Metro Nashville Police Department to access security camera footage from willing private business owners. The vote was 20-18, falling one vote short of the 21 needed for approval. According to the Nashville Banner, opponents of the legislation raised concerns about privacy and the potential misuse of footage by federal or state authorities. Business groups and Mayor Freddie O’Connell were among those advocating for the contract, urging council members to approve the technology.

Posted by: Azya Thornton on Dec 4, 2024
News Type: Legal News

A federal judge in Texas has issued a nationwide injunction blocking enforcement of the 2021 Corporate Transparency Act, which requires corporate entities to disclose the identities of their real beneficial owners to the U.S. Treasury Department's Financial Crimes Enforcement Network. According to Reuters, U.S. District Judge Amos Mazzant sided with the National Federation of Independent Business and several small businesses and nonprofits in concluding that the act was likely unconstitutional. Mazzant called it an "unprecedented" attempt by the federal government to legislate in an area traditionally left to the states. The law, which is touted as an anti-money laundering tool law, directs the Treasury Department to collect and analyze submitted data to combat crime.

Posted by: Azya Thornton on Dec 4, 2024
News Type: Legal News

The Memphis-Shelby County Schools Board on Tuesday approved a six-month contract for virtual instruction amid ongoing struggles to fill teacher vacancies, Chalkbeat Tennessee reports. The board unanimously approved a $4.6 million contract with the Texas-based program Proximity Learning to provide 100 teachers for live online classes for middle and high school students. Superintendent Marie Feagins told the board the district had 312 vacant teaching positions as of Tuesday’s meeting. A report released this fall by the Tennessee Department of Education showed that Southwest Tennessee, which includes Memphis, had the highest vacancy rate in the state for the 2023-2024 school year, the paper reports. Feagins told the board the contract would not resolve the underlying issue of vacancies but would help fill some gaps until positions are filled.


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