TBA Law Blog


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Posted by: Paul Burch on Aug 1, 2023
News Type: Legal News

A three-judge panel declined Friday to issue a temporary injunction on a new law banning teacher advocacy organization dues from being voluntarily deducted from paychecks, reports the Tennessean. The law will go into effect amid an ongoing lawsuit filed by the Tennessee Education Association, three local teacher associations and two Tennessee teachers. The dues provision was included in a general assembly budget bill aimed at raising the statewide teacher pay rate. Friday's ruling held that including the payroll deductions prohibition in the teacher pay bill does not violate the single-subject requirement for legislation under the Tennessee Constitution.

Posted by: Paul Burch on Aug 1, 2023
News Type: Legal News

A three-judge panel yesterday denied Metro Nashville’s emergency request to renounce new state-appointed members to Nashville International Airport's governing board, reports the Tennessean. The judges said Metro waited too long to file its grievance and had unfairly accused airport leaders of wrongly complying with the new law signed by Gov. Bill Lee on May 19. Mayor John Cooper has not made the two appointees allotted to his administration. The Nashville airport board appointed by Cooper voted in July to seek outside counsel in its lawsuit against the state over who controls the Nashville International Airport and the smaller John Tune Airport. The suit is scheduled for hearing on Oct. 6.

Posted by: Paul Burch on Aug 1, 2023
News Type: Legal News

The Bristol Motor Speedway today requested a pause on a proposed deal to renovate the Nashville Fairgrounds Speedway, until the next mayor and council take office, reports the Tennessean. The proposal was unlikely to reach a final vote this term and would necessitate calling a special meeting this month to meet the requirement of three readings to pass. Bristol expressed confidence that the deal will move forward under the next mayor and council, though the community remains divided. Neighbors near the track have expressed concern over noise and quality of life issues that would come with the increased traffic for racing events. 

Posted by: Paul Burch on Aug 1, 2023

Federal judicial officials warned that pending appropriations legislation in Congress would have "detrimental impacts ... on the administration of justice and the functioning of the federal courts if enacted," reports Reuters. In letters made public today, the Judiciary Conference expressed deep concern that the current proposed allocations could force elimination of hundreds of jobs, including in federal public defender offices and for probation and pretrial services as well as cutbacks to cybersecurity improvements. Though the current bills would give the court system a modest overall increase in funding, it is less than the judicial branch's requested 8% increase.

Posted by: Barry Kolar on Jul 31, 2023
News Type: Legal News

The American Bar Association (ABA) today named Alpha M. Brady as the association’s new executive director. Brady, the first person of color to lead the ABA, has been serving as interim executive director since the departure of former Executive Director Jack Rives in March. She joined the ABA staff in 1988 and rose through the ranks at the association before being named deputy executive director in 2022. “During our search, we evaluated many outstanding candidates," Search Committee Chair Palmer Gene Vance II said. "Alpha Brady, with her long history within the ABA and her abundant talents as a leader, stood out as clearly the best.”

Posted by: Paul Burch on Jul 31, 2023
News Type: Legal News

A precautionary lockdown was ordered for Memphis-Shelby County Schools today after an armed man attempted to enter and then fired a weapon outside the Margolin Hebrew Academy-Feinstone Yeshiva of the South, the Daily Memphian reports. Memphis Police Department Chief Cerelyn "CJ" Davis said officers later located the man's vehicle and conducted a traffic stop. He was fired on by officers as he exited the vehicle with his gun out. The suspect is in critical condition and has been transported to Regional One. The Tennessee Bureau of Investigation is investigating the shooting.

Posted by: Paul Burch on Jul 31, 2023
News Type: Legal News

The West Alabama Women's Center and the Alabama Women's Center sued the state in federal court today to block Alabama from prosecuting people who help others travel out of state to get abortions, reports Reuters. The Yellowhammer Fund, an abortion advocacy group, filed a similar lawsuit. Both lawsuits argue that any such prosecution would violate a basic right to travel between states under the U.S. Constitution and cite remarks made by Alabama Attorney General Steve Marshall in an August 2022 radio interview that Alabamans who help others travel to states where abortion is legal could be prosecuted as criminal accomplices. 

Posted by: Paul Burch on Jul 31, 2023

The Department of Justice (DOJ) and the Office of the U.S. Trustee asked the U.S. Supreme Court on Friday to halt Purdue Pharma from proceeding with a bankruptcy settlement that protects the company’s owners, the Sackler family, from lawsuits, reports Reuters. The DOJ argued that Purdue should not be allowed to move forward with its restructuring before the Supreme Court weighs in on legal protections for non-bankrupt entities, an issue that has divided bankruptcy courts across the U.S. Last week, an appeals court ruled that Purdue may proceed with a plan approved in May that would shield the Sacklers from opioid related lawsuits in exchange for a $6 billion contribution to the company's broader bankruptcy settlement.

Posted by: Julia Wilburn on Jul 28, 2023
News Type: Legal News

Federal prosecutors on Thursday accused former Tennessee state senator Brian Kelsey of intentionally delaying his sentencing after he unsuccessfully attempted to withdraw his guilty plea in his federal campaign finance laws case. Kelsey, a Republican from Germantown, has engaged his third set of attorneys in the matter, prompting Assistant U.S. Attorney Amanda Klopf to compare switching up attorneys to “throwing a wrench in the gears again.” The Associated Press reports that Judge Waverly Crenshaw has set Kelsey's new sentencing date for Aug. 11.

Posted by: Stacey Shrader Joslin on Jul 28, 2023

The Tennessee Bar Association Academy offers an exciting opportunity for a limited number of Tennessee attorneys to be admitted to practice before the U.S. Supreme Court. The 2023 admission ceremony will take place Dec. 5 at the court in Washington, D.C. In addition to taking part in the private ceremony, participants will be invited to a TBA President's Reception and a special celebration dinner, and will receive three hours of prepaid credits to use for future CLE programming. The group will stay at the Hay Adams Hotel, where a block of rooms has been reserved at the discounted rate of $359 a night. The cost to register is $725 for TBA members and $300 for their guests. Those interested in participating should complete this online form by Aug. 7. Applicants will be considered on a first-come basis and will be contacted to confirm their interest and complete the application process.


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