TBA Law Blog


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Posted by: Julia Wilburn on Mar 12, 2024
News Type: Legal News

A federal judge on Friday rejected a challenge by Republican-led states to a Biden administration program that allows hundreds of thousands of migrants from Cuba, Haiti, Nicaragua and Venezuela to apply for emergency entry into the United States, reports Reuters. The states argued that the federak government's authority to use parole is "exceptionally limited" and can only be applied on a case-by-case basis. They also claimed they faced irreparable harm because arriving migrants increase the cost of public services. U.S. District Court Judge Drew Tipton said the 21 states, led by Texas and including Tennessee, lacked standing to pursue the suit because they could not show that the "parole" program, which allows up to 30,000 people per month to enter the U.S., caused them any injury. "The court has before it a case in which plaintiffs claim that they have been injured by a program that has actually lowered their out-of-pocket costs," he wrote.

Posted by: Julia Wilburn on Mar 12, 2024
News Type: Legal News

The American Bar Association (ABA) online pro bono program ABA Free Legal Answers has released a nationwide list of lawyers, law firms, corporate law departments, law schools and other legal organizations that handled the most online questions in 2023. The list includes 10 Tennessee attorneys: Kevin D. Balkwill, Richard B. Gossett, Bryan C. Hathorn, Mary Jo Middlebrooks, Bruce A. Ralston, Caraline E. Rickard, Moriah C. Rue, Carl E. Seely, Yasmin K. Stiggons and Alissa N. Watson. The nationwide program was originally developed by the ABA and the law firm of Baker, Donelson, which worked to consolidate web programs in Tennessee and other states. Free Legal Answers has emerged as a no-cost way for income-eligible participants to obtain basic civil legal guidance. Since 2019, pro bono lawyers have fielded more than 40,000 inquiries annually for a total of 330,221 answered legal questions since the program's inception.

Posted by: Julia Wilburn on Mar 12, 2024
News Type: Legal News

A federal judge has ruled that a class action lawsuit against Johnson City and its police force can move forward, Tennessee Lookout reports. The suit alleges police took bribes and looked the other way while a serial rapist assaulted scores of women and at least two children. The ruling from U.S. District Judge Travis McDonough opens the door to not only the initial 10 Jane Doe plaintiffs, but potentially hundreds of Johnson City victims who were sexually assaulted over a more than five-year period — from Jan. 1, 2018, to April 25, 2023 — regardless of the perpetrator or whether assaults were reported.

Posted by: Julia Wilburn on Mar 12, 2024
News Type: Legal News

After almost two decades of working with the Tennessee Bar Association, initially as a contractor and currently as an employee, Technical Systems Administrator Dave Bevis is retiring from the organization. "I have enjoyed working at TBA and wish the organization, and especially the staff, much success going forward," he said. Bevis plans to stay busy building furniture and other items (and keeping all his fingers) as well as working on some technology projects centered around accessibility for people with disabilities. Executive Director Sheree Wright said of his departure, “We are grateful to Dave for all he has done for the TBA, from developing the online CLE system to his patient way of solving our IT problems. We wish him well in this next chapter!” Applications are now being accepted for the position of technical systems administrator. Visit www.tba.org/careers to view the job description and apply.

Posted by: Julia Wilburn on Mar 12, 2024
News Type: Legal News

The Tennessee Court of Appeals has set aside a lower court’s decision that would have kept records related to a Shelby County child’s death from being released to the public, reports the Tennessee Lookout. The Department of Children’s Services (DCS) denied Memphis reporter Stacy Jacobson with WREG-TV access to complete case files as she sought to report on what the agency did or not do to protect a 14-year-old boy before he died from starvation in 2020. The public records lawsuit returns to Davidson County Chancery Court.

Posted by: Julia Wilburn on Mar 12, 2024
News Type: Legal News

State Rep. Robert Stevens, R-Smyrna, has requested a campaign finance audit and investigation into Murfreesboro Mayor Shane McFarland and Smyrna Mayor Mary Esther Reed. According to the Daily News Journal, Stevens wrote the Tennessee Registry of Election Finance a Jan. 25 letter pertaining to a $7,500 donation from McFarland on Nov. 23, 2022, to Tennesseans For Greater Accountability, a political action committee (PAC). The PAC then "on the exact same day" donated $7,500 to the campaign account of Reed. The Registry is scheduled to review the audit request on March 26.

Posted by: Stacey Shrader Joslin on Mar 11, 2024
News Type: Legal News

A new six-part series titled “Justice USA” from HBO Max will feature former Nashville Public Defender Dawn Deaner as well as stories from Nashville's criminal courts. The series, which begins Thursday, is being promoted as providing a real look at what happens when someone is arrested and subjected to the criminal justice system. The project began more than six years ago when Deaner was public defender. She worked with the producer Marshall Goldberg, who filmed much of the show inside Nashville’s jails and courtrooms. Deaner, who is now with Choosing Justice Initiative, writes in a recent email message that she hopes the series motivates the legal community to “work on creating different systems of justice rooted in restorative practices instead of punishment.” Watch a trailer for the show.

Posted by: Laura Labenberg on Mar 11, 2024
News Type: Legal News

The TBA Young Lawyers Division (YLD) has launched its inaugural Diversity Law Week with activities planned this week in Chattanooga, Nashville, Memphis and Knoxville. Under the leadership of YLD President Quinton Thompson and Diversity Law Week Co-Chairs Ariel Anthony, Kevin Christopher and Erin Shackelford, the program is set to provide more than 100 students from across the state an invaluable educational journey into the legal profession. This week's programming includes shadowing legal experts, immersive experiences at law school campuses and observations of local court proceedings. Special thanks is extended to the more than 50 volunteer lawyers and judges who are dedicating their time to provide high school students with this unique opportunity and to the venues that are hosting students in each city. Read more about the program and see photos from Chattanooga's first session.

Posted by: Stacey Shrader Joslin on Mar 11, 2024
News Type: Legal News

The American Bar Association (ABA) has released a comprehensive set of data on bar passage outcomes for ABA-approved law schools. The new data shows that in the aggregate, 90.40% of 2021 law graduates who sat for a bar exam passed it within two years of graduation. That percentage is down from the 91.85% figure for 2020 graduates. The data also shows that first-time takers in 2023 achieved an aggregate 79.18% pass rate, an increase from the 78.15% pass rate for 2022. Additional data shows aggregate results by ethnicity and gender. The information is available on the Section of Legal Education and Admissions to the Bar’s website under “Legal Education Statistics.”

Posted by: Stacey Shrader Joslin on Mar 11, 2024
News Type: Legal News

The Lawyers Association for Women (LAW) Marion Griffin Chapter has announced its 2024 award recipients. The Nashville-based group will present its 2024 Martha Craig Daughtrey Award to Davidson County General Sessions Judge Robin Kimbrough Hayes, while Rachel H. Berg will receive the 2024 Rising Star Award. Hayes was elected to the bench in 2022. She previously served as an associate general counsel for the Tennessee Department of Children's Services and legal counsel for the Tennessee Coalition to End Domestic and Sexual Violence. She is a past co-chair of LAW’s Litigation and Legislation Committee and was instrumental in reinstating the group’s Diversity Essay Scholarship Contest. Berg is a staff attorney at the National Center for Lesbian Rights. She previously was in private practice in New York and Nashville, focusing on class action litigation. She also serves on the LAW Board as treasurer and has been co-chair of the group’s Mentoring/Member Development Committee.


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