TBA Law Blog


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Posted by: Stacey Shrader Joslin on Aug 21, 2023
News Type: Legal News

Hamilton County District Attorney Coty Wamp’s office has released surveillance footage of a shooting that killed an alleged offender Aug. 11 at a Speedway in Chattanooga, WDEF reports. City police officers were seeking to serve warrants on several individuals, including Roger Heard Jr., who were suspected of a number of criminal activities. Police located Heard at the gas station and when they attempted to approach his vehicle, Heard shot an officer, wounding him in the arm. Police then killed Heard, a Black man, which lead to calls from community members for a full investigation, AP reports. Police say they later found a large amount of cash, approximately one pound of marijuana and a stolen firearm on Heard, who as a previously convicted felon should not have been in possession of a firearm.

Posted by: Stacey Shrader Joslin on Aug 21, 2023
News Type: Legal News

The Tennessee Registry of Election Finance voted last week to take no action regarding allegations of questionable contributions to Nashville District Attorney General Glenn Funk's reelection campaign, News Channel 5 reports. Registry board members credited Funk for quickly working to respond to questions raised by media reports and argued that there was nothing else for them to do since no one filed a sworn complaint alleging violations of campaign finance laws. The station had questioned payments to companies that were not registered with the state and the affidavits of two donors, one who told the station he did not make a donation and another who could not recall making a donation to Funk's campaign.

Posted by: Julia Wilburn on Aug 18, 2023
News Type: Legal News

Five former Memphis Police Department officers facing charges in the death of Tyre Nichols appeared in court last week. Shelby County Criminal Court Judge James Jones Jr. scheduled a Sept. 15 date to consider motions from three officers — Desmond Mills Jr., Justin Smith and Tadarrius Bean — requesting separate trials. Mills is the most recent former officer to make this request; Smith and Bean filed their motions in June. The officers are charged with second-degree murder, aggravated assault, aggravated kidnapping, official misconduct and oppression. While some expect a federal criminal case against the officers, pretrial motions and a trial date are yet to be set, pending the judge's ruling on the release of additional documents and video footage related to the case. The Daily Memphian has the story.

Posted by: Julia Wilburn on Aug 18, 2023
News Type: Legal News

The U.S. Equal Employment Opportunity Commission (EEOC) has introduced new guidelines for safeguarding the rights of pregnant workers, building on the Pregnant Workers Fairness Act, which became effective on June 27. The law extends the Americans with Disabilities Act to cover pregnant employees, necessitating that companies with 15 or more workers offer reasonable accommodations. The Nashville Business Journal reports that the proposed rule outlines various accommodation options, such as adjusted work schedules, equipment modifications and telework, while emphasizing that employers must promptly address accommodation requests, even without formal written notice from employees.

Posted by: Julia Wilburn on Aug 18, 2023
News Type: Legal News

The city of Memphis plans to appeal a court ruling by Judge Gina Higgins, which allowed a group of plaintiffs to bring a class action lawsuit against the city for failure to test over 12,000 rape kits. The Commercial Appeal reports that the city's attorneys point to a separate case involving Alicia Franklin as a basis for their appeal. Franklin had filed a lawsuit against the city, alleging inadequate investigation by the Memphis Police Department, and while her case was dismissed, the city argues that the conflicting rulings highlight the need for a uniform legal approach. The city is seeking to pause the rape kit case while an appeal is pending.

Posted by: Julia Wilburn on Aug 18, 2023
News Type: Legal News

A recent piece in the Nashville Business Journal looks at some of the issues clients are concerned about in interviews with three local attorneys. Former TBA Executive Director Joycelyn Stevenson tells the journal that attorneys in Littler’s Nashville office are handling a number of employment concerns, including public image, budgets and employment verification compliance. Todd Rolapp with Bass Berry & Sims says his firm focuses on helping clients anticipate what rulings, regulations or financial developments are on the horizon so they can prepare for an appropriate response. Finally, DarKenya Waller, executive director of the Legal Aid Society of Middle Tennessee and the Cumberlands, says some of the greatest needs of their clients are housing, healthcare and a living wage.

Posted by: Julia Wilburn on Aug 18, 2023
News Type: Legal News

The Biden administration has extended and expanded temporary protected status (TPS) for Ukrainians already in the United States, citing the ongoing Russian military invasion and resulting humanitarian crisis in Ukraine. According to The Hill, the expansion will make around 166,700 more individuals eligible for TPS, and an additional 26,000 beneficiaries will retain their TPS through April 2025. The extension, which was set to expire on Oct. 19, has been lengthened by 18 months due to the ongoing conflict and displacement of millions of Ukrainians.

Posted by: Julia Wilburn on Aug 18, 2023
News Type: Legal News

Metro Nashville and homeless outreach advocates are criticizing the Tennessee Department of Transportation (TDOT) for clearing out multiple encampments on state property without offering resources, including housing. They also claim the sweep has created new encampments and more problems for people experiencing homelessness. WKRN reports that a TDOT spokesperson said the agency is not clearing out encampments but attempting to maintain their property after receiving complaints about safety and cleanliness from taxpayers and first responders.

Posted by: Paul Burch on Aug 17, 2023
News Type: Legal News

Stuart Delery, President Joe Biden's top lawyer, will step down from his post next month, the White House announced today. Reuters reports that no replacement has been named. Delery, who has worked at the White House since July 2022, advised the president on advancing his legislative agenda and defending against Republican-led congressional investigations. Delery’s departure comes as U.S. House Republicans escalate probes into the business dealings of Biden’s son, Hunter.

Posted by: Paul Burch on Aug 17, 2023
News Type: Legal News

A federal appellate panel unanimously ruled today that a lawsuit filed by the families of victims of the 2016 fire in the Great Smoky Mountains National Park can proceed, reports Knox News. The ruling overturned last year's district court decision that tossed out the lawsuit over the omission of specific language concerning the National Park Service’s responsibilities to warn the surrounding community in the event of an out-of-control fire. The blaze, which left 14 dead, overran firebreaks and burned large parts of Gatlinburg. A previous story in Knox News reported that park officials were aware that high winds posed a danger to spreading the blaze but failed to notify city or county officials in time.


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