TBA Law Blog


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Posted by: Azya Thornton on Oct 21, 2024
News Type: Legal News

Germantown Municipal Court Judge Rhea Clift has been sworn in after winning the election in August, assuming the seat her father, Ray Clift, held for 40 years. He retired two years ago. The younger Clift worked at the district attorney’s office for nine years and later served as assistant prosecutor in Bartlett. She then became the city's chief prosecutor in 2020. Clift won the election in August capturing 63% of the vote over Justin Gee. During the swearing in ceremony, she said, “Thank you, Mom and Dad. You gave me a great name.” The Daily Memphian has more on the story.

Posted by: Azya Thornton on Oct 21, 2024
News Type: Legal News

Memphis faces a surge of gun thefts from cars, with more than 2,100 stolen in 2023, an increase of 641% during the past decade, the Daily Memphian reports. By contrast, in 2011, 287 guns were stolen from cars in Memphis. The increase follows passage of Tennessee's 2014 "guns in cars" law, which allows gun owners to store firearms in their cars if the weapons are properly secured. The law does not impose penalties for non-compliance and does not require owners to report thefts. In addition to the guns in cars law, Tennessee allows gun owners to carry openly in public without a permit. Gun safety advocates tell the paper that repealing permitless carry would have an “overnight” effect on gun thefts from cars. State Rep. Jeremy Faison, R-Cosby, an original sponsor of the guns in cars law, says gun owners need to properly secure their guns.

Posted by: Azya Thornton on Oct 21, 2024
News Type: Legal News

Middle Tennessee residents are joining environmental groups in calling for stronger state protections for the Duck River, one of the most biodiverse freshwater rivers in North America, Tennessee Lookout reports. The Southern Environmental Law Center is representing the Tennessee Wildlife Federation in an appeal against several state permits including one that would allow Columbia Power and Water Systems to develop a second water withdrawal site without additional restrictions during low water flows. Opponents of the permits argue that two factors — drought and utility companies’ plans to withdraw millions more gallons of water from the river to keep up with development and growth — are putting the river and the species that call it home in peril. The Duck River Conservancy, a preservation advocacy group, is advocating for a comprehensive water conservation and drought management plan for the region.

Posted by: Azya Thornton on Oct 21, 2024
News Type: Legal News

Despite the blockbuster job market for new law graduates in 2023, racial and ethnicity disparities in employment rates remained, according to recent data released by the National Association for Law Placement. Disparities were seen in legal jobs that require bar admission with 84% of those going to white graduates, as well as all legal jobs with 94% of those going to white law graduates, Reuters reports. Even as gaps narrowed for most minority groups, the employment disparity between white and Latino law graduates increased from last year. Those disparities are widest when looking at legal jobs that require bar admission. The new figures came amid an unusually robust job market for 2023 law graduates. Overall 92.6% of them landed jobs within 10 months of graduation — up half a percentage point from 2022.

Posted by: Stacey Shrader Joslin on Oct 21, 2024
News Type: Legal News, TBA CLE

The TBA’s 36th Annual Health Law Forum took place in the Nashville area last week. Close to 300 attendees heard updates on digital health, cybersecurity, regulatory fraud and abuse and using AI in a health care context. Speakers also provided legislative, case review and ethics updates. The keynote address was delivered by David Higginson, executive vice president of Phoenix Children's Hospital. Section Chair Ian Hennessey, general counsel for Alliance for Multispecialty Research in Knoxville, produced and moderated the two-day event. At the section’s annual meeting and luncheon on Friday, he passed the Section Cup to incoming chair Imad Abdullah, senior vice president and chief legal officer with Regional One Health in Memphis. Members of the section also voted on leadership for the 2024–2025 bar year at the luncheon. Thanks to all who helped plan or speak at the event, which remains the TBA’s highest attended in-person CLE program.

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

The Tennessee Department of Corrections 2024 Annual Report shows the state’s prisons are more understaffed and violent than before the pandemic. According to The Tennessean, the report shows the number of guard posts left unfilled increased last year after falling from a high in 2021. Parole and probation officer positions had a much lower vacancy rate in Fiscal Year 2024, but now is the highest it has been since 2014, the earliest year statistic are available. Employment data from Tennessee’s four privately managed prisons are not included in the department’s reporting. In addition, the report found that in all Tennessee prisons, including those privately managed, there were more assaults reported last fiscal year than in any year since 2015.

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

Judge S. Curtis Rose recently won a special election to fill the bench of the 2nd Judicial District Circuit Court and was sworn in on Aug. 29 with his family attending the ceremony. "I enjoyed the opportunity to have my family there with me for that moment," Rose said. "One of the special moments that occurred was that my 94-year-old grandmother was able to attend and was also able to vote for her grandson in an election." His grandmother expressed her joy and pride, reminiscing about Judge Rose's grandfather and father, both of whom she said would have been proud of this milestone. Previously, Rose served as a municipal judge in Kingsport. Read more from the Administrative Office of the Courts.

Posted by: Stacey Shrader Joslin on Oct 18, 2024

The TBA’s 36th Annual Health Law Forum kicked off yesterday in Franklin with a welcome from TBA President Ed Lanquist Jr. The two-day event is the premier health law program in the state, providing essential insights from health law providers, practitioners and regulators. Watch for a full report from the forum in Monday's issue of TBA Today. Lanquist spoke to the group about the opportunity to engage around policy issues that are important to the practice of law in Tennessee. He encouraged those in attendance to connect with TBA's Grassroots Advocacy efforts. One of the primary government affairs issues TBA remains committed to is improving delivery of legal services for indigent clients. The TBA is focused both on securing adequate resources to compensate the lawyers who do this important work and investing in new approaches to improve the indigent representation system in a way that benefits attorneys, the larger justice system and the public.

Posted by: Julia Wilburn on Oct 18, 2024
News Type: Legal News

A three-judge panel, made up of Nashville Chancellor Patricia Head Moskal, 10th Judicial District Judge Sandra Donaghy and 25th Judicial District Chancellor Kasey Culbreath, on Thursday issued a ruling specifying certain conditions that fall under an exception for medical emergencies in Tennessee's law prohibiting abortion, reports the Tennessean. The ruling also blocks the state from taking disciplinary action against physicians for performing medically necessary abortions covered by the exceptions, which include previable preterm premature rupture of membranes and fatal fetal diagnoses that lead to maternal health conditions. The panel heard arguments in April on whether to issue the temporary injunction blocking the state's abortion ban for women who are suffering severe pregnancy complications or facing cases of lethal fetal conditions.

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

Buck Orrison from TBA's Member Insurance Solutions sat down with TBA’s Communications Coordinator Azya Thornton and answered members' questions regarding group health insurance in a recorded webinar. Enrollment for TBA's group health insurance is open now through Dec. 13.


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