TBA Law Blog


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Posted by: Stacey Shrader Joslin on Feb 13, 2024
News Type: Legal News

Former Tennessee Department of Corrections officer Sebron Hollands has been sentenced to 15 months in prison and two years of supervised release for writing a false report in an effort to cover up another officer’s use of excessive force on an inmate. Hollands pled guilty to the offense on Oct. 2, 2023. The case was brought by the U.S. Attorney’s Office for the Western District of Tennessee, which says that Hollands was present when fellow officer Javian Griffin, without justification, punched an inmate in the head, breaking the inmate’s jaw. After the incident, Hollands provided false information in his official use of force report in order to obstruct an investigation of the incident. Read more in a news release from the office.

Posted by: Stacey Shrader Joslin on Feb 13, 2024

U.S. District Judge Eli Richardson last Thursday rejected motions to dismiss a federal bribery and kickback case against former House Speaker Glen Casada and his onetime chief aide Cade Cothren. The trial was rescheduled for Nov. 6, more than two years after the indictments were handed down, Tennessee Journal reports. It was last scheduled to begin on March 5.

Posted by: Stacey Shrader Joslin on Feb 13, 2024
News Type: Legal News

Following a hearing on the state’s request for a preliminary injunction against the NCAA’s illegal name, image and likeness (NIL)-recruitment rules, Attorney General Jonathan Skrmetti spoke to the media and released a prepared statement. Among his comments, Skrmetti said, “Due to the NCAA’s arbitrary and illegal rules, student-athletes are being harmed and prevented from making important decisions concerning their name, image and likeness rights — which may have a big impact on their academic and financial futures. Antitrust law in this area is clear, and as the court has previously said, our case is likely to succeed on the merits. We are happy with the case’s progression and look forward to litigating it fully if necessary.” Read the full statement. The UT Daily Beacon reports on the hearing while Knox News has photos from the day.

Posted by: Stacey Shrader Joslin on Feb 13, 2024

Administrative Office of the Courts (AOC) Director Michelle Long testified before the House Finance Committee last week, telling lawmakers it has been nearly 27 years since Tennessee boosted pay for court-appointed attorneys, who often handle difficult cases involving children and families. The current situation, she said, is approaching a crisis point, the Tennessee Journal reports. Long asked the committee to restore at least some of the funds needed. She also asked the committee to fund a new human resources staff member and a full-time staff member to manage the Supreme Court’s “Justice Bus” program. The committee is conducting hearings on Gov. Bill Lee’s proposed 2024-2025 budget, which did not include funding requested by the AOC for these expenses. The TBA continues to support the AOC’s request to increase the reimbursement rate for indigent representation. Watch her tesimony beginning at 1:40:50. Please visit the TBA Government Affairs webpage for more information and to get involved with its grassroots efforts.

Posted by: Stacey Shrader Joslin on Feb 13, 2024
News Type: Legal News

The TBA Young Lawyers Division will hold its Diversity Law Week next month and attorney volunteers are needed in Chattanooga. The program, a special project of YLD President Quinton Thompson, provides high school students the opportunity to visit a local courthouse, shadow and engage with practicing attorneys or judges, visit a college or law school campus, and participate in programming designed to expose them to the theory and practice of law. The week will offer a one-of-a-kind experience and an invaluable road map for those interested in pursuing a career in the law. Volunteers specifically are needed on March 11 and 12. Learn more about volunteering and sign up here.

Posted by: Paul Burch on Feb 12, 2024
News Type: Legal News

The Tennessee Attorney General’s Office Division of Consumer Affairs notified the public today of a new law impacting the recording of service contracts with registers of deeds. The new law prohibits the recording of service agreements and makes a service contract void and unenforceable if the agreement (1) purports to run with the land or be binding on future owners of interest in the real property, (2) allows for assignment of the right to provide services without notice to and consent of the residential real estate owner or (3) purports to create a lien, encumbrance or other real property security interest. The office also lays out warning signs consumers should look for when approached by companies offering a cash payment in exchange for agreeing to use their services in the future. Learn more about the law.

Posted by: Paul Burch on Feb 12, 2024
News Type: Legal News

A federal judge preliminarily has approved more than $104 million in settlements between major U.S. universities and a proposed class of students, who accused the schools of favoring wealthy applicants for admission, reports Reuters. U.S. District Judge Matthew Kennelly in Chicago said the students’ previously disclosed agreements with Brown, Columbia, Yale and other schools were reasonable and could move forward. The students’ case is continuing against 10 other schools. The lawsuit, brought in 2022, seeks billions of dollars in damages on behalf of a proposed class of hundreds of thousands of current and former students who accuse the schools of unlawfully considering applicants' financial backgrounds in admission decisions.

Posted by: Paul Burch on Feb 12, 2024
News Type: Legal News

The Thomson Reuters Law Firm Financial Index reports that law firms ended 2023 on strong financial footing after a sluggish start. According to Reuters, the index tracks key financial metrics across 173 large and midsize law firms. Fueled largely by rate growth and increased demand for countercyclical work, profits rose year-over-year among both large and midsize law firms in the fourth quarter. Profits-per-equity partner jumped 6% among Am Law 100 firms, 2.5% among Am Law 200 firms and 0.3% for midsize firms. Overall, law firm demand was up nearly 2% year-over-year, but varies significantly by practice area. Lawyer productivity, however, continued its recent slide, with lawyers billing an average 115 hours per month in the fourth quarter of 2023. That is the lowest figure since at least 2005, according to the index.

Posted by: Paul Burch on Feb 9, 2024
News Type: Legal News

The Tennessee Department of Revenue has released its FY 2023 Annual Report & Informal Conference Summaries. The department's Administrative Hearing Office conducts informal conferences with taxpayers to resolve disputes about tax assessments. The annual reports provide a high-level overview of selected topics of interest and summaries of related informal conference decisions.

Posted by: Paul Burch on Feb 9, 2024
News Type: Legal News

TBA's Legislative Updates podcast is back with a new episode this week. TBA lobbyist Berkley Schwarz and Adams and Reese attorney and TBA lobbyist Ashley Harbin discuss Gov. Bill Lee's State of the State address; HB2710/SB2254, the TBA Conservatorship bill; HB2645, the adoption birth certificate bill; and HB2644, TBA's adoption clean-up bill. Legislative Updates airs each week on the TBA’s Facebook page. It is also released as a podcast on the same day and can be found on the TBA’s website or wherever you listen to podcasts.


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