TBA Law Blog


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Posted by: Stacey Shrader Joslin on Aug 1, 2024

State Rep. G.A. Hardaway, D-Memphis, Memphis City Council member Pearl Walker and Shelby County District Attorney General Steve Mulroy are calling for a pilot program that would use real-time GPS monitoring to track repeat criminal offenders. The Daily Memphian reports that the group says that such a program could provide another option to jail or bail. “We know that we do not have time to waste,” Hardaway said at a press conference yesterday. “Every minute, someone’s life is at risk. This will take repeat offenders and put them where we can guide them.” The pilot would be an extension of a law that took effect July 1 and authorizes a magistrate to mandate a defendant wear a GPS monitor for certain domestic assault charges. Hardaway also said he plans to offer legislation to expand the law to other charges when the legislature convenes next year.

Posted by: Stacey Shrader Joslin on Aug 1, 2024
News Type: Legal News

The TBA’s Reporters Workshop — a two-day event designed to educate journalists about the Tennessee legal system and issues related to media law — has received a Community & Educational Outreach Award from the National Association of Bar Executives (NABE) and LexisNexis. TBA Executive Director Sheree Wright was on hand to accept the award at a luncheon in Chicago as part of the NABE’s 2024 Annual Meeting. The program brings selected journalists to Nashville each April for sessions centered on investigative journalism, Tennessee's Open Meetings and open records laws, reporter's privilege, defamation, and covering courts and state and local governments. Produced jointly by the TBA and the Tennessee Association of Broadcasters, the program also is made possible by the generous support of the Tennessee Press Association and several Tennessee law firms. See a photo from the awards luncheon.

Posted by: Azya Thornton on Jul 31, 2024
News Type: Legal News

U.S. District Judge Annemarie Axon in Alabama upheld new anti-discrimination protections for LGBTQ students, rejecting arguments from Alabama, Florida, Georgia and South Carolina that regulations from President Joe Biden’s administration overstep legal boundaries. Axon ruled that these regulations, which extend Title IX protections to include gender identity and sexual orientation, were reasonable and aligned with the Bostock v. Clayton County Supreme Court decision. The ruling allows the rules to take effect in the four states on Aug. 1. Reuters reports that a total of 26 Republican-led states have sued over the rules. Six judges have blocked the rules from being enforced in 21 states pending the outcome of underlying lawsuits. Tennessee sued over the regulations in April. That led to an injunction on implementation of the rule, which recently was upheld by a three-judge panel of the 6th Circuit Court of Appeals. The administration last week asked the U.S. Supreme Court to set aside lower court decisions.

Posted by: Azya Thornton on Jul 31, 2024
News Type: Legal News

Madison County officials recently held a meeting to discuss plans for a new juvenile justice complex. According to Mayor AJ Massey, the county plans to negotiate with 10 out of 13 property owners to purchase their land for the complex. A commercial appraiser will determine a fair market value for the properties. The county will use eminent domain if necessary to acquire the remaining land. The new complex aims to provide necessary resources for juvenile offenders and prevent future crime. WBBJ News 7 has more on the plans, including comments from Madison County Juvenile Court Judge Christie Little.

Posted by: Azya Thornton on Jul 31, 2024
News Type: Legal News

State Sen. Jon Lundberg has filed a criminal warrant against Bob Harshbarger Sr. — the father of Lundberg's political opponent Bobby Harshbarger and the husband of Congresswoman Diana Harshbarger — accusing him of vandalizing and stealing campaign signs. The alleged incident was captured on video by a Lundberg campaign volunteer. Lundberg claims that numerous campaign signs have been damaged or stolen in recent weeks. The Tellico Village Connection has the story.

Posted by: Stacey Shrader Joslin on Jul 31, 2024
News Type: Legal News

A closely watched necrotizing enterocolitis (NEC) baby formula trial has culminated in a $495 million judgment against Abbott Laboratories. The suit was the first NEC case brought against Abbott and only the second trial alleging that cow’s milk-based baby formula given to premature infants can cause the life-threatening illness. The suit alleged that despite “scientific consensus” that cow’s milk products can lead to NEC in premature infants, Abbott made no changes to its products, packaging or guidelines, and that the company breached its duty through misrepresentations in its advertising and promotional materials. The suit, brought in Missouri, was handled by Nashville-based Stranch, Jennings & Garvey PLLC and TorHoerman Law, with offices in Illinois and Missouri. Read more in a release from the firm.

Posted by: Stacey Shrader Joslin on Jul 31, 2024
News Type: Legal News

An official autopsy has found that Shelby County Jail inmate Ramon McGhee died of severe anemia and dehydration, with contributing factors from insect infestation and schizophrenia, the Daily Memphian reports. McGhee died Jan. 12 in the hospital two days after he was found unresponsive in his cell at the Shelby County Criminal Justice Center. McGhee’s family hired national civil rights attorney Ben Crump, who commissioned an independent autopsy. That study found that McGhee died from severe neglect with malnutrition, dehydration, insect infestation and complications. Unlike the official autopsy report, it also ruled the death as a homicide. The Tennessee Bureau of Investigation previously indicated it is looking into the death.

Posted by: Stacey Shrader Joslin on Jul 31, 2024

Memphis nonprofit Just City, along with the American Civil Liberties Union of Tennessee, has sued officials in Shelby County's criminal justice system over a state law that prevents judges from considering a defendant’s financial condition when setting bail. The groups allege that the new law, enacted in May, unconstitutionally subjects arrestees to "discriminatory wealth-based detention" in violation of due process and equal protection guarantees. The filing argues that not considering someone’s ability to pay bail will result in widespread pretrial detention of people who do not need to be detained for the safety of the community. Prior to enactment of the law, Shelby County officials required judges to use an "ability-to-pay calculator" to determine affordable bail. The suit, filed in federal district court, seeks an injunction to block the law, effectively reinstating the previous practice, the Commercial Appeal reports. Read more and access the filing from the ACLU.

Posted by: Stacey Shrader Joslin on Jul 31, 2024
News Type: Legal News

Allegations of discrimination within the federal judiciary involving employees' race, gender or other characteristics rank as the top issue in complaints of wrongful workplace conduct from 2020 to 2022, according to a report by the Government Accountability Office (GAO). The study also found that race was the number one focus of discrimination and harassment complaints, followed by gender, disability and age. GAO notes that unlike other federal workers, judicial employees are not covered by federal anti-discrimination laws. Instead, claims of workplace misconduct are handled by the courts' internal employment dispute resolution systems. Retuers reports on the study.

Posted by: Julia Wilburn on Jul 30, 2024
News Type: Legal News

The Memphis City Council on Tuesday approved three ballot questions that could establish local gun control legislation. If it passes, the referendum would amend the city's charter. The Commercial Appeal reports that the first question is about handguns, carry permits and storage. Question two focuses on assault weapons and carry permits, and question three would create an extreme order of protection — often referred to as a red flag law — in the city charter.


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