TBA Law Blog


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

Members of the TBA Young Lawyers Division visited Belmont University College of Law today to speak with students about their entry into the profession and to share some of the benefits of TBA membership. Membership, which is free for law students, will allow them to network and increase their professional knowledge through attending CLE programs. Students were also encouraged to apply for the Class of 2024 Diversity Leadership Institute. Thanks to YLD presenters Anthony Adewumi, Charles Ferguson and Billy Leslie, as well as Belmont’s Director of Career and Professional Development Alix Rogers for their contributions to the event. Email Laura Labenberg for more information about upcoming YLD visits to Tennessee’s other law schools this fall. See photos from the event.

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

The Knoxville Bar Association presented its inaugural Diversity, Equity and Inclusion Award yesterday to the law firm of Lewis Thomason. Brooklyn Sawyers Belk of the KBA presented the award to Rod Fields, the managing partner of Lewis Thomason’s Knoxville office. The award honors legal organizations that demonstrate a commitment to advancing diversity, equity and inclusion within the legal profession. Lewis Thomason was recognized for its demonstrable commitment to attracting and retaining diverse attorneys, providing leadership opportunities and offering annual inclusivity training. Read more about the event.

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

President Biden yesterday announced four new nominees to serve as federal judges across four states, reports Reuters. The latest district court nominees include a Black federal prosecutor nominated to be a judge in New Jersey and a Muslim American for a seat on Oregon's federal bench. Biden has nominated 188 federal judicial nominees since taking office in 2021. Of those nominees, 62% are people of color and 62% are women, according to the White House. The Senate has confirmed 140. Read more about the nominees.

Posted by: Stacey Shrader Joslin on Sep 6, 2023
News Type: Legal News

Among the 38,000 or so first-year law students who began their studies this year are 51 who did not make the cut when they applied two years ago. Instead of rejecting them outright at the time, 22 law schools sent these aspiring lawyers — most of whom were racial minorities — into a new, year-long program to prepare them for the rigors of legal education. The program, called LexPostBacc, is hosted by AccessLex Institute and guarantees law school admission and scholarships for those who finish. The first cohort had a completion rate of 69%, Reuters reports. Among the participating schools is Tennessee's Lincoln Memorial University Duncan School of Law.

Posted by: Stacey Shrader Joslin on Sep 6, 2023
News Type: Legal News

Baker Donelson has named J. Allen Roberts as the new managing shareholder of its Nashville office. Roberts succeeds Brigid Carpenter, who has been in the role since 2017, the Nashville Business Journal reports. Carpenter will remain with the firm, where her practice focuses on product liability defense and class-action defense. A Nashville native, Roberts has been with the firm for more than 11 years. He will continue his practice, which focuses on corporate governance, mergers and acquisitions and public and private equity.

Posted by: Stacey Shrader Joslin on Sep 6, 2023
News Type: Legal News

The Sixth Circuit Court of Appeals promised a swift ruling on the fate of Tennessee’s ban on gender-affirming care for minors following a hearing last week. A three-judge panel of the court heard arguments Friday on whether to set aside a lower court’s ruling temporarily blocking the law, Tennessee Lookout reports. The court previously intervened on an emergency basis, allowing the law to take effect until it could hear arguments in the case. Also on Friday, the court heard a nearly identical challenge to a ban on gender-affirming care for minors in Kentucky.

Posted by: Stacey Shrader Joslin on Sep 6, 2023
News Type: Legal News

A second federal judge in Tennessee has ruled against a new law aimed at limiting drag performances in public places, the Associated Press reports. U.S. District Judge Ronnie Greer of Knoxville on Friday granted a temporary restraining order against District Attorney Ryan Desmond preventing him from enforcing the state law against a Blount County Pride festival over the weekend. The American Civil Liberties Union of Tennessee and other civil rights lawyers brought the lawsuit on behalf of festival organizers. The decision is the second in the state to block the law. U.S. District Court Judge Thomas Parker ruled over the summer that the law was unconstitutional and blocked its enforcement in Shelby County.

Posted by: Stacey Shrader Joslin on Sep 6, 2023
News Type: Legal News

The American Bar Association (ABA) Standing Committee on Ethics and Professional Responsibility released a formal opinion today providing a roadmap to help lawyers stay within the parameters of ABA Model Rules of Professional Conduct when they prepare a witness or client to testify before a deposition or adjudicative proceeding. Formal Opinion 508 explains the difference between legitimate witness preparation and guidance and unethical efforts to influence witness testimony, especially in the era of remote proceedings.

Posted by: Paul Burch on Sep 5, 2023
News Type: Legal News

Shelby County District Attorney Steve Mulroy says his office plans to release footage "in the near future" from a police shooting that caused the death of 20-year-old Jaylin McKenzie, reports the Commercial Appeal. The announcement comes after the Justice Review Unit and Tennessee Bureau of Investigation confirmed this morning their investigation is complete. McKenzie was shot and killed on Dec. 16 by a Memphis Police Department officer following a traffic stop. The incident was one of five officer-involved shootings in the last five weeks of 2022. Last month, Mulroy announced a new policy to step up the public release of footage from fatal police shootings.

Posted by: Paul Burch on Sep 5, 2023
News Type: Legal News

The father of a woman who died during last month's severe wildfires in Hawaii has sued the state and the county of Maui for gross negligence. Reuters reports that the lawsuit, filed Monday, also names a major landowner and the state's electric utility. The suit claims that Hawaiian Electric failed to de-energize its electrical equipment during hurricane-force winds, sparking the fires. In addition, the suit sites Bishop Estate for failing to reduce wildfire risk by regularly clearing dry vegetation in the area. Hawaiian Electric is also facing litigation from investors who allege they suffered significant losses due to the company's failure to adhere to wildfire prevention and safety protocols.


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