TBA Law Blog


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Posted by: Azya Thornton on Sep 9, 2024
News Type: Legal News

The Tennessee Ethics Commission has dismissed a complaint against Education Commissioner Lizzette Reynolds. The complaint, initially filed by Rep. Caleb Hemmer, D-Nashville, alleged that Reynolds accepted travel reimbursements from a national advocacy group that also lobbies to expand education choice policies. The commission considered the complaint last week behind closed doors and ultimately voted not to refer the matter to the attorney general’s office for further investigation. The Tennessean reports that Reynolds’ repayment of the funds was the deciding factor in the decision to dismiss the complaint. Hemmer this week announced plans to file legislation next year to clarify state ethics laws that prohibit officials from accepting travel paid by groups that lobby the legislature.

Posted by: Azya Thornton on Sep 9, 2024
News Type: Legal News

There is now a vacancy for a TBA delegate to the ABA House of Delegates (Position 1) due to Jonathan Cole’s selection to serve as chair of the ABA House of Delegates. In accordance with Articles 47 and 49 of the TBA Bylaws, the TBA Board of Governors will fill this vacancy at its Sept. 28 board meeting. The selected candidate will fill this vacancy for the remainder of the current term. To be considered for this position, email TBA Executive Director Sheree Wright with your interest by Sept. 19. Please include a resume as well as any other information you would like the Board of Governors to consider.

Posted by: Azya Thornton on Sep 9, 2024
News Type: Legal News, Politics

The Shelby County Attorney's Office has filed a motion for default judgement against Shelby County Clerk Wanda Halbert, seeking to have her removed from office immediately, the Commercial Appeal reports. The motion, filed Friday, argues that Halbert did not file an answer to the original ouster petition in time. She did, however, file a motion to dismiss the ouster on Aug. 26. The government's latest motion argues that the dismissal motion did not qualify as an answer. The next hearing in the case is set for Sept. 13.

Posted by: Julia Wilburn on Sep 9, 2024
News Type: Legal News

The Tennessee Lawyers Assistance Program (TLAP) announces that Clinical Case Manager Erin Lynch has received licensure by the state of Tennessee as a professional counselor, temporary (LPC-temp) and she now will complete her remaining LPC supervision hours as a licensed therapist. Lynch joined TLAP in October 2023. Her experience includes providing comprehensive clinical services to clients struggling with mood disorders and substance use disorders. Lynch has also worked in the realms of public policy, criminal prosecution and domestic violence litigation, and she understands the mental health challenges of working in the legal profession.

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

Amazon filed a lawsuit against the National Labor Relations Board (NLRB) on Thursday, challenging the agency's structure and its handling of a union election at a Staten Island warehouse in 2022. Reuters reports the lawsuit alleges that the NLRB violated the U.S. Constitution by interfering with the election and acting as prosecutor, judge and jury in the case. Amazon claims that the board's five presidential appointees lack proper oversight and that the company is denied the right to a jury trial. The report states the lawsuit echoes similar claims made by other companies against the NLRB, which maintains that its structure is legal and defends its actions as protecting workers' rights. 

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

Tennessee is working to acquire 5,500 acres of land near Memphis to establish a new state forest. The purchase, facilitated by The Conservation Fund, aims to protect the property from development and preserve the Wolf River watershed, a vital source of drinking water for the city, according to the Tennessee Lookout. The land is part of the historic Ames Plantation, known for its diverse wildlife, historical significance and ongoing research by the University of Tennessee. The state is using a combination of state and federal funds to finance the purchase, and the land will be subject to legal restrictions as a state forest.

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

In response to recent rallies by extremist groups in Nashville, the Metro Council is considering a series of measures to discourage hate-motivated behavior, WPLN News reports. Last month, Mayor Freddie O'Connell proposed several bills, including restrictions on flier distribution, masks, public building access and highway signs. Now two council members also are proposing changes. Jeff Preptit is seeking to prohibit Metro employees from joining extremist groups, while Zulfat Suara would require public commenters to be Tennessee residents. The council began consideration of these ideas this week.

Posted by: Julia Wilburn on Sep 6, 2024
News Type: Legal News

The Knoxville Bar Association (KBA) on Thursday hosted its annual Bench & Bar Celebration. The KBA’s Diversity in the Profession Committee presented the 2024 Diversity, Equity & Inclusion Award to Legal Aid of East Tennessee, and attendees heard about the organization's innovative efforts to be accessible to clients and provide a meaningful and welcoming workplace for all employees. See photos from the event.

Posted by: Stacey Shrader Joslin on Sep 5, 2024
News Type: Legal News

Tennessee Gov. Bill Lee says the state is working to resume executions, after an effective pause on the death penalty has continued for more than two years. Lee’s comments came during a session with reporters in Knoxville last week, WBIR reports. Among his comments, Lee said, "I think it's important that we move as quickly as we can, but take as long as we need to, to make sure we get it right. I've tasked our team with getting a protocol in place. This has to be done, it's the law of our state. We need to be in a position to fulfill that law. But as you know, if you don't have the correct protocols in place, then the outcomes are not what any of us want in this state. I suspect that we are closer than further from having a protocol in place and will be allowed then to continue that process." In April 2022, Lee paused executions moments before an inmate was scheduled to die citing issues with protocols. He then launched an independent review of the lethal injection preparation process. According to reports, the state struggled to follow its own lethal injection rules at several steps, including the chemicals' testing and storage prior to the pause. WKRN also has details of Lee's recent remarks.

Posted by: Stacey Shrader Joslin on Sep 5, 2024
News Type: Legal News

The Tennessee Worker’s Compensation Appeals Board will hear three cases on Oct. 1 in Knoxville. Oral arguments will start at 9 a.m. EDT. The cases are: Gary Dingus v. Grand Piano and Furniture Co., in which the trial court denied a defense of willful failure to wear a safety device; John Oldham v. Freeman Webb Realtors, in which the trial court awarded permanent total disability after applying the direct and natural consequences rule; and Bibiane Francoeur v. Amerimed Medical Solutions LLC, in which the trial court awarded temporary disability benefits for an employee who was under a “no-driving” restriction but was not provided with transportation to work.


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