TBA Law Blog


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Posted by: Julia Wilburn on Nov 19, 2024
News Type: Legal News

Four people have been arrested and charged in a drug smuggling scheme at the Shelby County Jail. Two corrections deputies, an inmate and the inmate's girlfriend were charged with bribery of a public servant, possession of contraband in a penal facility and possessing marijuana with the intent to distribute. The deputies were further charged with official misconduct. The Daily Memphian reports that Sheriff Floyd Bonner estimated that during the scheme, those involved made “thousands of dollars.” He also noted that smuggling occurs at prisons and jails around the country, requiring continual vigilance on the part of law enforcement.

Posted by: Julia Wilburn on Nov 19, 2024
News Type: Legal News

The company Walton Tennessee and three of its investors have filed a lawsuit challenging a new state law set to go into effect Jan. 1, 2025, that will prohibit people living in China, Iran, North Korea and other countries subject to the International Traffic in Arms Regulations from owning land in Tennessee. The Tennessean reports that the law states that foreign owners have to divest their property by the start of the year or face criminal prosecution and civil penalties, including eventually losing their land without compensation. The plaintiffs are a U.S. citizen living in Shanghai, an Italian citizen living in Hong Kong and a U.S. citizen in South Carolina who say that they, along with other investors living in the U.S., will lose more than $100 million if the state takes their properties.

Posted by: Julia Wilburn on Nov 19, 2024
News Type: Legal News

Four Tennessee attorneys were inducted as fellows in the American College of Trial Lawyers (ACTL) at the group's annual meeting in Nashville in September. Charles Malone, a partner in K&L Gates' Nashville office; Donna Mikel, founding partner of Mikel & Hamill in Chattanooga; Christopher Poole, of counsel to Chambliss, Bahner & Stophel in Chattanooga; and Christopher Vescovo, managing partner of Lewis Thomason's Memphis office, were among the 88 inductees from the U.S., Canada and Puerto Rico. Fellowship in the ACTL, which was founded in 1950, is extended by invitation only to experienced trial lawyers of diverse backgrounds, who have mastered the art of advocacy and whose professional careers have been marked by the highest standards of ethical conduct, professionalism, civility and collegiality. Lawyers must have a minimum of 15 years trial experience before being eligible. Membership also is limited to no more than one percent of the total lawyer population of any state or province.

Posted by: Azya Thornton on Nov 18, 2024
News Type: Legal News

The Governor’s Council for Judicial Appointments met in Jackson to interview and select nominees for a vacancy on the Tennessee Court of Appeals, Western Section. After holding a public hearing and conducting public interviews, the council selected three nominees to forward to Gov. Bill Lee for his consideration. They are: Steven W. Maroney, James R. Newsom III and Valerie L. Smith. Read more about the three from the Administrative Office of the Court.

Posted by: Azya Thornton on Nov 18, 2024
News Type: Legal News

At a forum sponsored by the Memphis Shelby Crime Commission on Saturday, local officials expressed support for a change to state law that would allow judges and judicial commissioners access to juvenile records for purposes of setting bail. According to the Daily Memphian, judges in Tennessee currently have access to a defendant’s juvenile record for sentencing but not setting bail. Several officials at the forum said they favored a new state law that would extend such access to judges and judicial commissioners who set bail. State Rep. G.A. Hardaway, D-Memphis, said after the forum that he plans to introduce such a bill in the upcoming session.

Posted by: Azya Thornton on Nov 18, 2024
News Type: Legal News

The family of Malcolm X, a civil-rights leader who was assassinated almost 60 years ago, filed a $100-million wrongful death lawsuit on Friday that accuses the FBI, CIA and New York Police Department of allowing his murder to be carried out, Reuters reports. The federal lawsuit brought by Malcolm X's daughter and other family members alleges the law-enforcement agencies concealed evidence that they knew of the plot to kill Malcom X but did nothing to stop it. According to the attorney representing the family, the lawsuit seeks to answer questions surrounding the assassination, paint an accurate history of the events and financially compensate the family.

Posted by: Azya Thornton on Nov 18, 2024
News Type: Legal News

The American Bar Association (ABA) has released its annual Profile of the Legal Profession with a new chapter focused on women in the law. The report shows that women are increasingly dominating the legal field, particularly in law school enrollment and associate positions. According to a press release, 41% of all U.S. lawyers are women while 56.2% of law school students are women. The report also shows that men still hold a majority of leadership roles in law firms and on the bench. Finally, the report highlights the growing diversity of the legal profession with a significant increase in lawyers of color over the past decade.

Posted by: Azya Thornton on Nov 18, 2024
News Type: Legal News

The National Labor Relations Board’s (NLRB) enforcement power is being challenged in lawsuits by a range of companies. Suits from SpaceX and Amazon.com were before the U.S. 5th Circuit Court of Appeals this week. The suits allege that NLRB members appointed by the president are improperly shielded from being removed at will by the White House, and that the agency's administrative process violates constitutional guarantees of separation of powers and the right to a jury trial. SpaceX also argues that the president should be able to fire administrative judges who hear board cases at will. According to Reuters, rulings in these cases could potentially set up review by the U.S. Supreme Court.

Posted by: Azya Thornton on Nov 18, 2024

U.S. Sens. Marsha Blackburn and Bill Hagerty are accepting applications from candidates interested in an appointment as U.S. district judge for the Western District of Tennessee, or U.S. attorney for each of Tennessee's three grand divisions. Those interested in any of the positions should download and complete the appropriate application, all of which are available from both senators' websites. Access the district judge application or U.S. attorney application from Blackburn's site or all applications from Hagerty's website. Completed applications and a current resume should be submitted by email to both offices at appointments@blackburn.senate.gov and appointments@hagerty.senate.gov. Questions about the process also may be sent to both email addresses.

Posted by: Azya Thornton on Nov 15, 2024
News Type: Legal News

The Office of Gov. Bill Lee is accepting applications to fill an upcoming vacancy in the position of public defender for the First Judicial District. The vacancy is due to the retirement of Jeffery C. Kelly, which will occur on Feb. 28, 2025. To qualify for the office, applicants must be licensed Tennessee attorneys and be residents of the state for at least five years and of the judicial district for at least one year. The district includes Carter, Johnson, Unicoi and Washington counties. Attorneys interested in being considered should submit a resume and cover letter by mail to Erin Merrick, chief counsel to the governor, State Capitol, First Floor, 600 Dr. Martin Luther King Jr. Blvd., Nashville, TN 37243, or by email to Katelin.Brown@tn.gov by 5 p.m. CST on Dec. 2. The individual selected will serve until the next biennial election in August 2026.


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