TBA Law Blog


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Posted by: Stacey Shrader Joslin on Sep 11, 2023
News Type: Legal News

Police are investigating the death of a man who was found unresponsive in his cell Friday evening, WSMV reports. According to the station, officers at the Nashville-Davidson County Maximum Correctional Center discovered 60-year-old Phillip Pharris around 5:15 p.m. CDT. Medical staff were called in to assist and began CPR when they arrived. Pharris was pronounced dead at 5:55 p.m. He had been in custody since June 9 on two counts of probation violation with an arrest history of controlled substance possession, theft, vandalism and aggravated assault. An investigation is underway but foul play is not suspected.

Posted by: Stacey Shrader Joslin on Sep 11, 2023

The American Bar Association (ABA) filed an amicus brief last week with the U.S. Supreme Court, urging the court to uphold protections granted by Congress to administrative law judges (ALJs). In its next term, the court has agreed to hear a case challenging whether Congress violated Article II of the U.S. Constitution by limiting removal of ALJs. In May 2022, a divided three-judge panel of the U.S. Court of Appeals for the Fifth Circuit held that for-cause removal protections violate the constitution’s requirement that the president ensure the laws be faithfully executed. The ABA argues that ALJs need “decisional independence … to maintain public confidence in their decisions.” Read more about the case from the ABA.

Posted by: Stacey Shrader Joslin on Sep 11, 2023
News Type: Legal News

U.S. senators Marsha Blackburn and Bill Hagerty are accepting applications from candidates interested in a judicial appointment to the U.S. Court of Appeals for the Sixth Circuit. Those interested should download and complete the required questionnaire available online from Blackburn's website or Hagerty's website. Completed questionnaires and a current resume should be submitted by email to appointments@blackburn.senate.gov and appointments@hagerty.senate.gov by Oct. 2. Questions about the process also may be sent to both email addresses.

Posted by: Julia Wilburn on Sep 8, 2023
News Type: Legal News

Kroger has agreed to pay up to $1.4 billion to settle thousands of lawsuits which allege that the supermarket chain's pharmacies contributed to the opioid epidemic. Reuters reports that this settlement includes $1.2 billion for U.S. states, counties and municipalities; $36 million for Native American tribes; and $177 million for attorneys' fees and expenses. The agreement does not require Kroger to admit wrongdoing, and the settlement amount depends on the participation of eligible states, which includes Tennessee. Kroger faced over 2,000 lawsuits related to the opioid crisis, and this settlement is part of a broader effort to hold companies accountable for their role in the epidemic, which has claimed the lives of nearly 645,000 people in the United States from 1999 to 2021.

Posted by: Julia Wilburn on Sep 8, 2023
News Type: Legal News

The University of Tennessee College of Law welcomed its most highly credentialed class for the second year in a row. The 143 students in the Class of 2026 boast a median GPA of 3.78 and a median LSAT of 162, the strongest numbers in school history. The class, which is the largest since 2013, was drawn from a record number of applications, over 1,500. The number was 16% higher than in the most recent application cycle. The College of Law also saw an increase in applications to its Master in Legal Studies Program — and welcomed 22 new students — bringing that program’s total enrollment to 35.

Posted by: Julia Wilburn on Sep 8, 2023
News Type: Legal News

Former employees of BlueCross BlueShield of Tennessee (BCBST) who were terminated due to the company's COVID-19 vaccine mandate have filed a class action lawsuit in Chattanooga federal court. The employees allege that BCBST threatened their livelihoods by not providing reasonable accommodations or telecommuting options for those who requested religious exemptions, resulting in the termination of 41 employees out of 900 "customer-facing roles." The Chattanoogan has the story.

Posted by: Julia Wilburn on Sep 8, 2023
News Type: Legal News

Prosecutors are opposing motions to sever the trials of former Memphis Police Department officers charged in the killing of Tyre Nichols. The five officers, accused of second-degree murder and related charges, are currently charged as co-defendants. The Daily Memphian reports that the state argues that the officers should be tried together, emphasizing factors such as the simplicity of the case, the shared evidence and witnesses and the absence of prejudicial statements from the officers. The officers' motions had cited concerns about confusing the jury, differences in involvement and potential conflicts in their defense strategies as reasons for severance.

Posted by: Julia Wilburn on Sep 8, 2023
News Type: Legal News

The Memphis Brooks Museum of Art is facing legal challenges in its construction project at a new downtown location. The lawsuit against the museum is brought by Friends for Our Riverfront, alleging that the project violates an easement established in the early 19th century. The Daily Memphian reports that attorneys for the museum estimate that halting construction temporarily could cost the project between $5 million to $7 million, and they are requesting a bond to cover this cost. The museum's response questions the timing of the lawsuit and cites historical court cases supporting its position on property rights.

Posted by: Paul Burch on Sep 7, 2023
News Type: Legal News

Florida based law firm Bernheim Kelley Battista has announced the opening of a Nashville office. BK Law focuses on personal injury, product liability and consumer advocacy, reports the Nashville Post. The local office will be led by managing partner Gregory Marangos. Marangos, a graduate of University of New Hampshire School of Law, practiced with related firm Bernheim Dolinsky Kelley from 2015 to 2017 and has practiced with Steinger, Greene & Feiner since 2017.

Posted by: Paul Burch on Sep 7, 2023
News Type: Legal News

The Harpeth Conservancy has reached a settlement in an administrative lawsuit against the Tennessee Department of Environment and Conservation and the Water Authority of Dickson County over bacterial and algae pollution in Trace Creek in White Bluff. The Tennessean reports the conservancy was represented by the Southern Environmental Law Center. The suit was filed last year after residents noticed slime growing around a discharge pipe in the White Bluff Wastewater Treatment Plant. The water authority made operational changes at its sewage treatment plant to correct the problem while the suit was pending. As part of the settlement, the water authority will continue to work to eliminate the growth and monitor pollution levels.


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