TBA Law Blog


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Posted by: Azya Thornton on Aug 19, 2024
News Type: Legal News

Six criminal court judges in Nashville recently held a hearing to examine the circumstances surrounding Bricen Rivers' release on bond. Rivers is accused of killing his girlfriend, Lauren Johansen, in Mississippi. A clerical error prevented the full implementation of Rivers' bond conditions, which included restrictions on traveling outside of Davidson County. According to The Tennessean, a bondsman testified that Nashville magistrates often do not accept the surrender of defendants who violate bond conditions. A representative from Brooke's Bail Bonding explained that this was why the company did not return Rivers to court after he violated his court order by leaving the county. The judges are considering potential changes to bond procedures to prevent similar incidents in the future, the paper reports.

Posted by: Azya Thornton on Aug 16, 2024
News Type: Legal News

Missouri woman Lisa Findley has been arrested for an alleged scheme to defraud Elvis Presley's family out of millions of dollars and the ownership of Graceland through a foreclosure sale, the Daily Memphian reports. The ongoing investigation was turned over to federal law enforcement after the state Attorney General's office determined the matter was best suited for federal review. According to a press release from the U.S Attorney General's Office, Findley used multiple aliases, fabricated documents claiming Elvis Presley's daughter had pledged Graceland as collateral for a loan and “used a brazen scheme to try to defraud the Presley family of their interest in this singularly important landmark.”

Posted by: Azya Thornton on Aug 16, 2024
News Type: Legal News

Attorney General Jonathan Skrmetti has joined a coalition of states challenging a federal court ruling that protects the rights of individuals to compete in sports that align with their gender. The coalition, led by the Alabama attorney general, filed an amicus brief with the U.S 9th Circuit Court of Appeals after that court ruled Idaho’s Fairness in Women’s Sports Act likely violates the Equal Protection Clause of the 14th Amendment, Tennessee Lookout reports. The coalition argues that biological differences between males and females necessitate separate sports teams. In 2021, Tennessee enacted a similar law, which has been challenged by the ACLU and Lambda Legal. In related news, late today the U.S. Supreme Court denied the Biden administration's request to reinstate portions of a federal rule that would extend Title IX protections to sexual orientation and gender identity. The Hill has more on the decision.

Posted by: Azya Thornton on Aug 16, 2024
News Type: Legal News

TikTok is challenging the U.S. government's efforts to force a sale of the platform, arguing that it is protected by the First Amendment. The company has drawn comparisons to other foreign-owned media outlets in the U.S., contending that its ownership structure does not negate its constitutional rights. The Justice Department previously argued in a legal brief "neither TikTok's China-based parent company ByteDance, nor the platform's global and U.S. arms, TikTok Ltd. and TikTok Inc., were entitled to First Amendment protections because they are foreign organizations operating abroad” or owned by one, as reported by ABC News. While the government cites national security concerns, TikTok maintains that it has made significant efforts to address these issues and that the proposed sale is an overreach. Oral arguments in the case are scheduled to begin in September.

Posted by: Azya Thornton on Aug 16, 2024
News Type: Legal News

A federal judge in Florida has temporarily blocked the Federal Trade Commission's (FTC) rule prohibiting agreements signed by workers not to join their employers' rivals or launch competing businesses. The decision comes after a similar ruling from a Texas judge earlier this year. The FTC maintains the ban will take effect for most Americans on Sept. 4 despite these rulings, Reuters reports. Supporters of the ban argue it protects worker mobility, while opponents claim it hinders businesses' ability to protect confidential information.

Posted by: Azya Thornton on Aug 16, 2024
News Type: Legal News

Shelby County Commissioners advanced a referendum proposed for the Nov. 5 election that would potentially allow the commission to hire its own legal counsel independent of the county attorney’s office if approved by voters. The ballot question advanced in the first and second reading with four aye votes. According to the Daily Memphian, the proposal comes amid ongoing tensions between the commission and the county administration. Despite concerns that the measure would result in “duplicative” services, a number of commissioners say that having their own legal counsel would provide greater autonomy and oversight in county affairs.

Posted by: Azya Thornton on Aug 16, 2024
News Type: Legal News

Former Shelby County Judge A. Melissa Boyd was booked back in jail after a judge ordered that diversion be terminated in a harassment case against her. Details on why the warrant was issued were not made available, according to ABC 24, but she was released on her own recognizance. She now will serve one year of probation. Boyd resigned from the bench in April amidst allegations of substance abuse and failure to adhere to court-ordered conditions, including a no-contact order and completion of treatment programs.

Posted by: Azya Thornton on Aug 16, 2024
News Type: Legal News

Derek Scott, a law school graduate with a history of opioid use disorder, spent three years trying to obtain his law license in Tennessee but faced opposition due to his use of buprenorphine to maintain sobriety. He ultimately was licensed, but his story has received national attention and the U.S. Justice Department now reportedly is investigating his case. According to NBC News, despite protections offered by the Americans with Disabilities Act (ADA) for individuals with substance use disorders, Scott encountered discrimination when the Tennessee Board of Law Examiners demanded he cease use of the medication as a condition for licensure. In related reporting, the news source looks at the issues and stigma surrounding medication-assisted treatment (MAT) and the barriers many individuals in recovery face.

Posted by: Julia Wilburn on Aug 15, 2024

A new state law will take effect Jan. 1, 2025, which will mandate that all alcohol servers licensed with the Tennessee Alcoholic Beverage Commission must receive training on the role of alcohol and drugs in sexual assault and best strategies to prevent drugging in establishments, reports the Tennessean. Servers also will be required to have more training on sexual assault, date rape drug awareness and human trafficking. Dozens of downtown bars have signed on to the Safe Bar TN program, a network of bars, restaurants and community organizations working together to prevent alcohol-involved sexual violence and create safe nightlife venues.

Posted by: Julia Wilburn on Aug 15, 2024
News Type: Legal News

The Our State, Our Languages Coalition, comprised of five Tennessee-based immigrant rights groups, has filed a federal complaint against the state alleging that the Tennessee Department of Safety and Homeland Security and Driver Services Division fail to provide sufficient language access to the driver’s exam in violation of civil rights law. Currently, Tennessee's written driving test is only available in English, Spanish, German, Japanese and Korean, and the road test is only offered in English. Nashville Public Radio reports that federal guidance states agencies should provide translation or interpretation if at least 1,000 people or 5% of the population have limited English proficiency. In Tennessee, that would include Arabic, Chinese, Somali, Kurdish and more, according to the coalition.


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