TBA Law Blog


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Posted by: Stacey Shrader Joslin on Jul 17, 2024

The American Bar Association (ABA) 2024 Annual Meeting in Chicago will feature the group’s first-ever Democracy Summit on Aug. 2. The program will be led by former U.S. Secretary of Homeland Security Jeh Johnson and former federal Judge J. Michael Luttig, co-chairs of the ABA Task Force for American Democracy. The task force will present its findings on the state of U.S. democracy as well as concrete steps for those in the legal profession to defend the rule of law in their local areas. Other elements of the meeting, which will run from July 31 through Aug. 6, include remarks by U.S. Deputy Attorney General Lisa Monaco, the second ranking official at the U.S. Department of Justice, awards presentations and programs on a range of legal topics. Get details in this release.

Posted by: Stacey Shrader Joslin on Jul 17, 2024

As of July 1, youth aged 15 and older in Tennessee may be tried in adult court for two nonviolent offenses: shoplifting of items valued over $1,000 with the intent to sell or fraudulently return the merchandise, or for stealing a firearm or attempting to do so. In the past, judges could decide to try a young person in adult court for violent or otherwise extreme offenses, the Nashville Banner reports. Davidson County Juvenile Court Judge Sheila Calloway is questioning whether the law is necessary. “Organized retail crime was not on our radar as an issue for the youth that we serve.” The bill’s lead sponsor Sen. Brent Taylor, R-Memphis, says he backed the legislation because “smash and grabs in Memphis have reached a crisis point.”

Posted by: Stacey Shrader Joslin on Jul 17, 2024
News Type: Legal News

The federal judiciary is considering whether new ethical guidance on the hiring of law clerks is needed after two judges hired a clerk who was accused of racist conduct and a number of judges threatened to not hire clerks from certain law schools. Reuters reports that the U.S. Judicial Conference revealed last week that it referred the question to its Committee on Codes of Conduct and asked its Committee on Judicial Conduct and Disability to examine whether any rules should be modified to address the potential incompatibility of current policies governing judicial misconduct cases.

Posted by: Stacey Shrader Joslin on Jul 17, 2024

According to multiple media reports, President Joe Biden is seriously considering calling for major changes to the U.S. Supreme Court, including term limits for justices and imposition of an ethics code. The proposals also could include a constitutional amendment to eliminate the broad immunity for presidents and other federal officeholders — something the court recently upheld — according to the Washington Post, which was the first to report the news based on a transcript of a call between Biden and members of the U.S. House Progressive Caucus. Biden reportedly told the group that he has been working with constitutional scholars for the last three months to develop a plan. Any changes would need to be approved by Congress. The Tennessean has more on the story.

Posted by: Stacey Shrader Joslin on Jul 17, 2024
News Type: Legal News

Mark R. Allen, executive vice president, general counsel and secretary at FedEx Corp., is retiring after 42 years, the Daily Memphian reports. He will remain in his current role until Sept. 23 and then serve as a senior adviser through Dec. 31. Allen joined FedEx in 1982 and served in a variety of leadership roles before taking on his current responsibilities in 2017. During his tenure, Allen directed international commercial and aviation negotiations, managed government relations and handled a broad range of corporate governance, regulatory, security and operations matters. The company has not yet named his successor.

Posted by: Julia Wilburn on Jul 16, 2024
News Type: Legal News

A lawsuit filed in federal court on July 9 alleges that Cheekwood Botanical Gardens orchestrated a “coup” over the past year to take over operations of the annual Swan Ball. The complaint says that when it became clear that Cheekwood was attempting to “assert control over the operations of the [planning] committee,” the board unanimously voted to formalize itself as a separate and autonomous nonprofit in May, reports the Nashville Banner. It also filed a federal trademark application for “Swan Ball,” which it argues should prevent Cheekwood from continuing to control it. With the exception of a two-year hiatus due to the pandemic, the Swan Ball has been put on every year since 1963 as a fundraiser for the Nashville nonprofit.

Posted by: Julia Wilburn on Jul 16, 2024
News Type: Legal News

Johnson City attorneys Brad Griffith and Solange McDaniel announce the formation of the firm Griffith McDaniel PLLC, located at 926 W. Oakland Ave., #206, Johnson City, TN 37604. Griffith focuses his practice on personal injury, general civil litigation and mediation; McDaniel's practice centers on social security disability, family law and conservatorships.

Posted by: Julia Wilburn on Jul 16, 2024
News Type: Legal News

A second employee complaint against Rutherford County Property Assessor Rob Mitchell has been filed, accusing him of ignoring conflict of interest issues involving real estate. According to the Daily News Journal, John Key, a residential appraiser in Mitchell's office, claims that Mitchell allowed another employee to work "as a licensed real estate professional for the past five years," which he considers a conflict of interest. Another appraiser, Robert Kincade, filed a complaint in June, accusing management of "directing staff to unlawfully withhold updates on improvements to properties." Mitchell responded to the first complaint, saying, "Any and all of the recent ethics complaints filed against our office are categorically false and untrue."

Posted by: Julia Wilburn on Jul 16, 2024
News Type: Legal News

A new state law will allow developers to hire their own inspectors to check for environmental, safety and building violations on construction sites, bypassing codes departments and fire marshals. They also will be able to hire their own wetlands consultants to conduct reviews of permits, if delays by the Tennessee Department of Environment and Conservation (TDEC) exceed 30 days. Gov. Bill Lee, who made the measure a key policy priority this year, said it is intended to streamline the building process and cut down on delays in obtaining permits, particularly in rapidly growing Tennessee communities. The Tennessee Lookout reports that a review of the processes in Memphis, Nashville and Knoxville show that the average wait time for inspections ranges from the same day to six days for complex or large commercial projects, and TDEC’s average review and issuance of a general permit takes approximately four and a half days.

Posted by: Julia Wilburn on Jul 16, 2024
News Type: Legal News

The Knoxville Bar Association (KBA) is accepting nominations for its Diversity, Equity and Inclusion Award now through 5 p.m. EDT on July 31. The award recognizes a legal organization that best demonstrates outstanding leadership to promote diversity, equity and inclusion in furtherance of the KBA Strategic Inclusion Plan. Applications must be submitted online through the association's website. Learn more and access the submission form here.


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