TBA Law Blog


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Posted by: Paul Burch on Jan 30, 2024
News Type: Legal News

The 8th U.S. Circuit Court of Appeals today declined to reconsider a ruling that only the U.S. government, not private parties, can sue under a landmark civil rights law barring racial discrimination in voting. Reuters reports that the court rejected a request by the Arkansas Public Policy Panel and the Arkansas State Conference NAACP to reconsider a 2023 ruling holding that private plaintiffs cannot bring cases enforcing Section 2 of the Voting Rights Act. For decades, the majority of Voting Rights Act lawsuits have been filed by private parties.

Posted by: Paul Burch on Jan 30, 2024
News Type: Legal News

The University of North Carolina agreed to pay $4.8 million to cover fees and expenses of Students for Fair Admissions (SFA), an anti-affirmative action group founded by Edward Blum that won a challenge to the school's consideration of race in student admissions, reports Reuters. The disclosure was made in response to a public records request by Reuters seeking information on the fees accrued by the Virginia-based nonprofit. According to tax filings, SFA has spent about $8 million on legal expenses during the course of its various lawsuits since 2015, with nearly $6.9 million going to its primary law firm, Consovoy McCarthy.

Posted by: Paul Burch on Jan 30, 2024
News Type: Legal News

Lawyers representing the board of the Lone Mountain Shores Owners Association and a handful of homeowners whom the board sued over short-term rentals made their cases before a judge in Claiborne County Chancery Court on Jan. 25, reports KnoxNews. The case centers on whether a house rented on Airbnb or Vrbo should be considered a single-family home or a hotel. Short-term rentals are defined by the state as rentals shorter than 30 days. The Lone Mountain Shores homeowners' association board allows long-term rentals, which the board says falls under single-family residential use. Both sides have filed for summary judgement. Chancellor Elizabeth Asbury could rule by Feb. 25 according to the paper.

Posted by: Paul Burch on Jan 30, 2024
News Type: Legal News

The city of Memphis has released hours of additional video footage and audio of police radio communications from the night Tyre Nichols was beaten by five now-former Memphis Police Department officers, reports the Commercial Appeal. Nichols would die in the hospital three days later. The former officers have been charged with second degree murder among other offenses. Additional documents related to Nichols' killing, the internal Memphis Police Department investigation into the incident, and the officers charged in state and federal court are expected to be released at a later date.

Posted by: Stacey Shrader Joslin on Jan 29, 2024
News Type: Legal News

Tennessee Secretary of State Tre Hargett has issued a warning to all Tennesseans about a scam involving Uniform Commercial Code (UCC) documents. According to Chattanoogan.com, as part of the scam, citizens receive an official-looking mailer from TN UCC Statement Service, incorrectly implying businesses or individuals must obtain a copy of a UCC-1 financing statement filed against them. Hargett says that the mailing is intended to “trick borrowers into paying excessive costs to obtain a document they will likely never need.” The UCC is a comprehensive set of laws governing sales or other commercial transactions. A UCC-1 financing statement is a legal form that creditors use to give notice that they have a lien on an asset of a debtor. Hargett is encouraging anyone who receives this mailing to report it to the Division of Business and Charitable Organizations and the Tennessee Attorney General’s office.

Posted by: Stacey Shrader Joslin on Jan 29, 2024
News Type: Legal News

A Wilson County woman has reached a settlement with Rutherford County and members of the Rutherford County Sheriff’s Office after she sued for being forced to remove her hijab for a booking photo at the county detention center. The Tennessean reports that the county has agreed to update its booking and jail policies to accommodate religious attire, delete Johnston’s booking photos and all video footage in which she was depicted without wearing her hijab, and pay her $100,000. The updated booking policy states that “arrestees and citation recipients are not required to remove religious head coverings for booking photos as long as the view of the face and profile are not obstructed by religious attire.”

Posted by: Stacey Shrader Joslin on Jan 29, 2024

The Tennessee Department of Revenue has announced that it is extending the franchise and excise tax filing and payment deadlines to June 17 for businesses impacted by the December 2023 storms. This extension will automatically apply to any businesses in the designated disaster area. The department also says it will approve extensions for other types of taxes on a case-by-case basis for these taxpayers. Learn more about this benefit. In addition, Tennessee residents impacted by these storms are potentially eligible for sales tax refunds on items such as home appliances, home furniture and home building supplies. Read more about applying for those benefits.

Posted by: Stacey Shrader Joslin on Jan 29, 2024
News Type: Legal News

Ogletree Deakins has named Nashville attorney Liz Washko as the firm’s new managing shareholder. Washko, who led the Nashville office from 2010-2018, is the first woman to serve in the role. She replaces Matt Keen, who served in the position for eight years. For more than three decades, Washko has represented management in a wide variety of employment matters. She co-founded the firm’s Pay Equity Practice Group in 2016 and served as co-chair until her appointment as managing shareholder. Read more in a release from the firm.

Posted by: Stacey Shrader Joslin on Jan 29, 2024
News Type: Legal News

Applications are now being accepted for the 2024 Reporters Workshop. Sponsored by TBA’s Communications Law Section, the program will be held in person April 19-20 in Nashville. Organizers will select 15 print, online, television and/or radio journalists who want to develop a deeper understanding of media law issues that may affect their everyday work, including access to government information, defamation and privacy concerns in reporting, and other timely topics. Journalists interested in attending should apply before 5 p.m. CST on March 4. Read more about the program or see a draft schedule. Tennessee lawyers are encouraged to share this opportunity with members of the media with whom they have relationships.

Posted by: Stacey Shrader Joslin on Jan 26, 2024
News Type: Legal News

In a letter sent to the legislative leaders, the Board of Judicial Conduct has recommended the removal of Shelby County Criminal Court Judge Melissa Boyd. The Commercial Appeal reports that the formal action follows the board’s notice to the General Assembly last fall that Boyd had received a second public reprimand. In the letter, the board summarizes allegations of substance abuse and harassment as well as Boyd’s failure to comply with agreements with the board and says, “Judge Boyd is solely responsible for the untenable situation she has created for herself, the judiciary and the public,” concluding that “there is no end in sight but for her removal." Read the letter.


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