TBA Law Blog


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Posted by: Stacey Shrader Joslin on Aug 14, 2023
News Type: Legal News

Hundreds of would-be lawyers faced significant delays while trying to take the first-ever hybrid LSAT remotely last week, Reuters reports. The Law School Admission Council, which administers the exam, said the problems stemmed from its online proctoring system. Frustrated test takers flooded social media sites with complaints about absent proctors and unexpected delays. The council apologized to test takers in an email Sunday, saying the exams “involved unacceptable delays and other problems” and that it was working with the vendor, Prometric, to correct the issues. It also said it will offer free retakes on Aug. 19 and 20 either remotely or in person. Examinees may also reschedule for another free test through June 2024. The council previously said 61% of test takers had opted to complete the exam remotely, There were no reported issues at in-person test centers.

Posted by: Julia Wilburn on Aug 11, 2023
News Type: Legal News

Former Tennessee state Sen. Brian Kelsey, R-Germantown, has been sentenced to 21 months in prison for campaign finance violations after pleading guilty to felonies related to illegal campaign funding maneuvers, the Tennessean reports. Kelsey's attempt to retract his guilty plea and claims of innocence earlier this year were unsuccessful, leading to a longer sentence recommendation from prosecutors. The case revolved around improper movement of campaign funds through political action committees to support his unsuccessful congressional campaign, with prosecutors highlighting his misuse of funds and betrayal of public trust. 

Posted by: Julia Wilburn on Aug 11, 2023
News Type: Legal News

U.S. Magistrate Judge Andrew M. Edison of the Southern District of Texas delves into the intriguing matter of legal language in a recent opinion, addressing the perplexing question of whether it should be "attorney fees," "attorneys fees," "attorney's fees" or "attorneys' fees." The issue has caused confusion in federal statutes, rules and cases, with different forms being used interchangeably. Edison references the U.S. Supreme Court's style guide, the insights of legal experts like Bryan A. Garner, and the ABA Journal's own style, ultimately settling on the use of "attorney's fees" when one lawyer requests fees and "attorneys' fees" when multiple lawyers are involved. The ABA has more on this vexing conundrum.

Posted by: Julia Wilburn on Aug 11, 2023

Retired Coffee County Circuit Court Judge Vanessa Jackson was recently named by the Tennessee Supreme Court as the first female senior judge. The Tullahoma News reports that Jackson is one of seven senior judges, each having held an elected judicial position to qualify for the appointment. A senior judge presides over cases when judges have recused themselves, have an extended illness or face an extra heavy caseload.

Posted by: Julia Wilburn on Aug 11, 2023
News Type: Legal News

A legal battle has erupted in the East Tennessee community of Lone Mountain Shores in New Tazewell, pitting neighbors against each other over whether vacation rentals like Airbnb should be allowed in their residential area. The community's homeowners association (HOA) board initiated a lawsuit against homeowners who rented their properties to vacationers, resulting in countersuits and personal accusations. Knoxville News Sentinel reports that the dispute highlights differing perspectives on the impact of renters, with anti-renters expressing concerns about disturbances and property damage, while pro-renters have emphasized the positive aspects of tourism. The legal challenge raises questions about HOA authority and could set a precedent for short-term rental regulations.

Posted by: Julia Wilburn on Aug 11, 2023

Gov. Bill Lee's decision to focus a special legislative session on new and stricter penalties for children and teens within Tennessee's juvenile justice system has sparked criticism from juvenile judges and youth advocates, the Tennessee Lookout reports. The plan, which could send kids to adult courts and prisons and limit confidentiality of juvenile records, does not address the root causes of violence such as occurred at the Covenant School, critics say. They also note that youth crime in the state has declined significantly.

Posted by: Julia Wilburn on Aug 11, 2023
News Type: Legal News

Vanderbilt University Medical Center (VUMC) is currently under federal investigation by the U.S. Department of Health and Human Services for turning over the medical records of transgender patients to Tennessee's attorney general. The investigation follows lawsuits filed by two patients who claimed their records were shared without consent. The Associated Press reports that VUMC has faced criticism for delays in notifying affected patients and for the release of private information, further fueling concerns amid the state's legislative actions targeting transgender care. 

Posted by: Julia Wilburn on Aug 11, 2023
News Type: Legal News

Tennessee is grappling with a severe stolen guns epidemic, with a staggering rise in firearms taken from cars, resulting in heightened concerns about public safety. A law enacted to deter gun theft by imposing tougher penalties is facing criticism due to its limited effectiveness in the court system. The Tennessean reports that, despite the legislation's intention to curb crime, many felony gun theft charges have been dropped, highlighting challenges in proving these cases and a lack of witnesses. As lawmakers seek solutions, proposals for penalties against gun owners who leave firearms in cars have sparked debates over a balance between accountability and victimization.

Posted by: Julia Wilburn on Aug 11, 2023
News Type: Legal News

In Memphis, Central High School educators Roland Wilson and Mary McIntosh are two of six plaintiffs taking a stand against Tennessee's "prohibited concepts" law. The law, enacted in 2021 amid debates around teaching critical race theory, restricts discussions on race and gender in classrooms. Wilson, a choir director known for his innovative teaching of African American spirituals, and McIntosh, a history teacher, argue that the law impedes their ability to provide a comprehensive understanding of American history. The Daily Memphian has the story.

Posted by: Paul Burch on Aug 10, 2023
News Type: Legal News

The Board of Claims voted earlier this month to award Adam Braseel $1 million for his wrongful imprisonment, reports the Chattanooga Times Free Press. Braseel served over 13 years for murder before being exonerated by Gov. Bill Lee in 2021. Braseel’s civil suit against the county government and officers of the sheriff’s department is pending.


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