TBA Law Blog


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Posted by: Azya Thornton on Aug 26, 2024
News Type: Legal News

Gov. Bill Lee has responded to news of a federal investigation at the Trousdale Turner Correctional Center, saying the facility operator, CoreCivic, is an important state partner and has made significant efforts to reduce staff turnover, according to The Tennessean. Lee also noted that Tennessee Department of Correction Commissioner Frank Strada has spent quite a bit of time at the facility to make sure "that if there are deficiencies that we work to meet them." The Tennessee Lookout also reports that the Lee touted the facility's reduction of the inmate population from 2,480 to 2,068 and increased pay for state correctional officers as gradual improvements, while acknowledging that substantial penalties have been assessed for not meeting contractual requirements.

Posted by: Laura Labenberg on Aug 26, 2024

The TBA Young Lawyers Division provided essential documents to 16 Sumner County firefighters today. Seven attorneys participated and provided approximately $7,500 of legal services free of charge. With the help of two Belmont Law students, these important community members received documents pertaining to powers of attorney, advanced healthcare directives and last wills and testaments. The clinic was organized by YLD District 8 Representative Grace Benitone Burnett.

Posted by: Azya Thornton on Aug 23, 2024
News Type: Legal News

Judge Joe D. Duncan, a retired presiding judge of the Tennessee Court of Criminal Appeals, died Aug. 20 at age 100. Duncan, who grew up in Scott County and received his law degree from the University of Tennessee College of Law, was known for his contributions to the legal profession and his strong family ties. He served in the military, practiced law with his brother, Congressman John James Duncan, and held various judicial positions. Duncan also was involved in community service and family gatherings throughout his life. While funeral arrangements are pending, Duncan will be buried at the family cemetery on S.R. 63 in Huntsville. The Independent Herald has this remembrance.

Posted by: Azya Thornton on Aug 23, 2024
News Type: Legal News

The Nashville School of Law (NSL) recently held its annual Recognition Dinner to honor Nashville lawyer Bill Harbison and its class of 1974. Harbison, an attorney with Sherrard Roe Voigt & Harbison and a former TBA president, was recognized for his community service and 15 years as a professor of contracts. The class of 1974 was honored for its 50th anniversary. Several members of the class attended the dinner and shared their experiences at NSL. A scholarship also was announced in honor of a deceased classmate, Kirk Scobey. Read more in the press release. See photos from the event.

Posted by: Azya Thornton on Aug 23, 2024
News Type: Legal News

The American Bar Association (ABA) has released its first guidance on how lawyers should assess potential clients under a revised ethics rule. The rule, adopted in 2023, requires lawyers to inquire into a client's situation to avoid unknowingly assisting in criminal activity. Formal Opinion 513 acknowledges the challenges lawyers may face in making these assessments and offers a step-by-step approach to help them navigate potentially risky situations. It includes questions to consider when undertaking an assessment of the representation and whether the lawyer would be assisting or furthering a crime or fraud.

Posted by: Azya Thornton on Aug 23, 2024
News Type: Legal News

Brittany Bartkowiak was recently honored by the Williamson County Bar Association for her leadership as its president for 2023-2024. The association also recently announced the members of its executive board for 2024-2025. They are President Charles Ferguson, President-elect Crystal Etue, Treasurer Amanda Bradley and Secretary Dylan Harper.

Posted by: Azya Thornton on Aug 23, 2024
News Type: Legal News

Butler Snow LLP has announced that attorney Melody McAnally will serve as chair of the Cybersecurity and Data Privacy Committee of the American Bar Association (ABA) Tort Trial & Insurance Practice Section (TIPS) for 2024-2025. McAnally is a partner at the firm and brings extensive experience in cybersecurity and data privacy law to the role, according to a press release from the firm. She will lead the committee's efforts to educate ABA members on these critical issues and promote awareness of cybersecurity, data privacy and AI-related risks. McAnally is actively involved in various professional associations, including the Tennessee Bar Association’s Construction Law Section Executive Council.

Posted by: Azya Thornton on Aug 23, 2024
News Type: Legal News

A lawsuit alleging that Tennessee's redistricting plans for the U.S. House of Representatives and state Senate amounted to unconstitutional racial gerrymandering has been dismissed by a federal judicial panel, according to WBIR News. While the panel ruled that the new maps are "consistent with a racial gerrymander,” it also found they are "consistent with a political gerrymander.” The judges found that the plaintiffs would need to provide stronger evidence that Tennessee's legislators knew the redistricting maps would harm Democratic voters, including minority voters. The court gave the plaintiffs 30 days to refile the case if they could provide stronger evidence of racial motivations. The complaint, filed in August 2023, alleged that the 2022 redistricting maps intentionally discriminated against Black voters and diluted the voting power of communities of color.

Posted by: Stacey Shrader Joslin on Aug 22, 2024
News Type: Legal News

The Tennessee Attorney General’s Office is warning consumers about a number of QR code scams. While evolving QR code technology may be convenient, the codes can be exploited by scammers through emails, text messages, mailers, packages, charitable appeals and cryptocurrency payments — all of which take users to fake websites designed to steal personal information. Scams like these can be reported to the Federal Trade Commission at www.ftc.gov/scams if encountered. Learn more about spotting suspicious QR codes.

Posted by: Stacey Shrader Joslin on Aug 22, 2024
News Type: Legal News

U.S. District Judge Samuel Mays Jr. has dismissed a lawsuit against Shelby County Sheriff Floyd Bonner Jr. and Chief Jailer Kirk Fields over the October 2023 death of an inmate. The Daily Memphian reports that the suit had been filed in January by the family of Deion Byrd, an inmate at the Shelby County Jail who died after being stabbed by another inmate, Donnie Clay, while waiting for a court hearing at the Shelby County Criminal Justice Center. Clay has been charged with first-degree murder for the death. Mays found that Byrd’s parents failed to show that Bonner and Fields violated Byrd’s constitutional rights by failing to protect him from harm.


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