TBA Law Blog


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Posted by: Stacey Shrader Joslin on May 6, 2024
News Type: Legal News

A former Tennessee state representative is challenging the dismissal of his open records case dealing with an investigation into his alleged workplace harassment, Tennessee Lookout reports. Scotty Campbell, a Johnson City Republican, resigned from the legislature in April 2023 amid accusations he harassed two legislative interns. He has denied the harassment allegations and sued the director of legislative staff seeking access to documents related to his resignation. The case was dismissed in March on the grounds it was essentially the same as a separate public records suit filed by another party. Campbell argues that he is not acquainted with the other filer, and thus, the cases should be handled separately. A hearing is set for June 21.

Posted by: Stacey Shrader Joslin on May 6, 2024
News Type: Legal News

Former Johnson County Judge Perry Stout was sentenced to a year in jail after pleading guilty to moneylaundering and possession of marijuana with intent to distribute, WJHL reports. Stout, who waived his right to a trial in January, also was sentenced to seven years of probation. While serving his jail sentence, Stout will not be eligible for work release. Stout previously admitted to helping fund a marijuana trafficking operation, and to using profits to fund his 2022 judicial campaign. He resigned as a general sessions and juvenile court judge in June 2023.

Posted by: Stacey Shrader Joslin on May 6, 2024
News Type: Legal News

A bill requiring social media companies to verify the age of their account holders and force minors to get parental permission has been signed by Gov. Bill Lee, Fox Chattanooga reports. HB1891/SB2097, known as the “Protecting Children from Social Media Act,” requires anyone under the age of 18 to get consent from a parent or guardian to create a social media account. For those who have already created accounts, the companies will have to verify parental consent or block access to the accounts.

Posted by: Stacey Shrader Joslin on May 6, 2024
News Type: Legal News

A Texas federal judge has stayed a lawsuit by the U.S. Chamber of Commerce and other business groups that are challenging the Federal Trade Commission’s (FTC) near-total ban on employee noncompete agreements. U.S. District Judge J. Campbell Barker said that under the "first to file rule," a nearly identical lawsuit filed by tax service firm Ryan a day earlier should proceed first. Reuters reports on the decision.

Posted by: Stacey Shrader Joslin on May 6, 2024
News Type: Legal News

Law firms are off to a strong start in 2024 after a lackluster 2023, Reuters reports. New data shows that demand for legal services was up 1.9% in the first quarter of this year over the first three months of 2023. Billing rates also continued to rise with a 6.6% increase in the first quarter compared with a year ago. Get these and other trends in Thomson Reuters Institute’s Law Firm Financial Index, which tracks key financial metrics across 186 large and midsize law firms.

Posted by: Julia Wilburn on May 3, 2024
News Type: Legal News

The 150th Kentucky Derby, running this weekend in Louisville, will take place without the participation of Muth, a horse that many contend is the fastest in this year's field of three-year-olds. Muth's trainer is Bob Baffert, who also worked with 2021 Kentucky Derby winner Medina Spirit, who failed a post-race drug test for steroids. Baffert was subsequently disqualified and given a two year suspension, which was later extended through the end of 2024, from competing at Churchill Downs. The ABA Journal reports that Zedan Racing Stables, which owns Muth, sued Churchill Downs seeking emergency injunctive relief to let Muth race in Saturday's contest. A local court rejected the bid. Churchill Downs applauded the decision, saying the court stopped Zedan from litigating its way into the Derby "at the expense of other owners and trainers who played by the rules."

Posted by: Julia Wilburn on May 3, 2024
News Type: Legal News

Tennessee Attorney General Jonathan Skrmetti has joined a coalition of 21 states in a lawsuit opposing a new rule from The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) that would prevent the private sale of firearms. Under the rule, hobbyists who sell firearms to family members, or a hunter who trades a firearm with a friend, could be convicted of a felony, the lawsuit claims.

Posted by: Julia Wilburn on May 3, 2024
News Type: Legal News

A three-judge panel of the 6th Circuit Court of Appeals heard arguments on Thursday over a decades-old Tennessee policy that does not allow transgender people to change the sex designation on their birth certificates, reports the Associated Press. Four transgender Tennesseans first filed the lawsuit in 2019, claiming that the policy is unconstitutional and "subjects transgender people to discrimination, harassment and even violence when they have to produce a birth certificate for identification that clashes with their gender identity." U.S. District Judge Eli Richardson had dismissed the case last year, saying that the term "sex" has a very narrow and specific meaning for the purpose of birth certificates in Tennessee: "external genitalia at the time of birth."

Posted by: Julia Wilburn on May 3, 2024
News Type: Legal News

According to a state report released in February, just 67% of public elementary schools and 75% of public middle and high schools in Tennessee have taken advantage of the $140 million provided by the state last summer to put an armed school resource officer (SRO) in every school. Only $98.4 million has been used, and Sen. Paul Bailey, R-Sparta, says that is mainly due to staffing problems. Bailey told WKRN that “There’s currently 500 public schools within the state of Tennessee that are still not equipped with a school resource officer. There just aren’t those individuals available with POST certification to be able to work in those schools.”

Posted by: Stacey Shrader Joslin on May 3, 2024

Cookeville attorney Laura Dykes will be honored next month with the Tennessee Bar Association’s Fifth Annual Claudia Jack Award. Named for the late Claudia Jack, a long-time champion of the poor and underprivileged and a public defender in Maury County, the award is presented to an outstanding public defender or court-appointed private practitioner who serves the legal community and clients in an exemplary fashion. Dykes has served as an assistant public defender for the past 35 years, working first in the Metro Davidson County office, then joining the 13th Judicial Office in Cookeville after her retirement in Nashville. In both of those positions, Dykes has been recognized for ethically and zealously defending clients. The award will be presented at the TBA Annual Convention in Memphis on June 14 during the Lawyers’ Luncheon. Read more in the TBA’s press release.


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