TBA Law Blog


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Posted by: Stacey Shrader Joslin on Jul 17, 2023
News Type: Legal News

The Department of Education last week began notifying more than 804,000 borrowers that they will have a total of $39 billion in federal student loans automatically forgiven. The move comes after the U.S. Supreme Court found that the administration exceeded its authority in creating a loan forgiveness program that would have benefitted 43 million individuals and forgiven up to $400 billion. The Education Department reports that the new plan relies on the Higher Education Act, which allows it to adjust qualifying payments that were not properly credited to student accounts. In a press release about the action, the department said the move is intended to “address historical failures in the administration of the Federal student loan program in which qualifying payments … should have moved borrowers closer to forgiveness [but] were not accounted for.”

Posted by: Stacey Shrader Joslin on Jul 17, 2023
News Type: Legal News

The Metro Nashville Police Department plans to leave $5.25 million in new state funding for school resource officers (SRO) on the table, saying the agency does not have capacity to staff the district’s 70 public elementary schools. Instead, the department will seek $3.38 million in state grant funding to support existing positions at middle and high schools. For elementary schools, it will continue its previous policy of conducting patrols around campuses, the Tennessean reports. The state SRO funding was approved in the wake of the deadly shooting at The Covenant School in March.

Posted by: Stacey Shrader Joslin on Jul 17, 2023

Shelby County Criminal Court Judge Paula Skahan ruled in favor of the Shelby County district attorney and a local defense attorney, saying that a state law passed earlier this year to strip all post-conviction death penalty proceedings from local district attorneys is unconstitutional, the Tennessean reports. Specifically, Skahan found that the General Assembly did not give proper notice to the public about the law and that the law wrongfully removed jurisdiction from locally elected district attorneys. Shelby County District Attorney Steve Mulroy and defense attorney Robert Hutton brought the suit. They also argued that the law violates the rights of voters but Skahan did not address that issue. The state attorney general has until Aug. 4 to appeal the decision.

Posted by: Stacey Shrader Joslin on Jul 17, 2023
News Type: Legal News

Tennessee Attorney General Jonathan Skrmetti reportedly threatened legal action against the NCAA if it had given the University of Tennessee football team a postseason ban as part of its penalties for  recruiting violations involving former coach Jeremy Pruitt. The Knoxville News Sentinel reports that a letter it obtained shows Skrmetti arguing that a postseason ban would violate a new state law allowing players to earn money for their name, image and likeness. The NCAA wrapped up its investigation last week and placed the football program on a five-year probation. The school also will have to pay at least $8 million in fines, cut 28 scholarships, limit recruiting efforts and vacate a number of wins. Pruitt was fired in 2021 after being found guilty of providing thousands of dollars in cash and gifts to players and recruits.

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

A three-judge panel of the Fifth U.S. Circuit Court of Appeals today issued a stay of a district court ruling that had limited the Biden administration’s communication with social media companies, The Hill reports. The panel also expedited the Biden administration’s full appeal of the district court ruling from Judge Terry Doughty. Lawyers for the government argued that the district court decision’s “broad scope and ambiguous terms” were stopping it from engaging in a “vast range” of lawful conduct.

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

The Knoxville Bar Association (KBA) today released the results of a survey evaluating four candidates running for Knoxville municipal judge in the Aug. 29 election. The survey asked each KBA member to rate candidates on seven attributes: knowledge, skill, experience, training, education, professional ethics and temperament. The purpose of the survey, according to KBA President Loretta Cravens, is to inform the public of the opinions of attorneys actively practicing in the region regarding candidates’ fitness to serve in a judicial position. Candidates reviewed include Andrew Beamer, Tyler M. Caviness, Judge John R. Rosson Jr. and Mary L. Ward.

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

Tennessee Attorney General Jonathan Skrmetti today filed a federal lawsuit to immediately stop liquor shipments into the state by six out-of-state companies. The lawsuit alleges that the defendants unlawfully facilitated shipments of distilled spirits for which no state license is available. It seeks an injunction under federal law and the Tennessee Consumer Protection Act. The AG’s office reports that undercover agents from the Tennessee Alcoholic Beverage Commission purchased and received unauthenticated and untaxed distilled spirits from each defendant in violation of the state’s three-tier alcohol licensing system. Earlier this week, Skrmetti helped lead a multi-state effort to advise Fortune 100 companies against employing racially discriminatory employment and contracting practices. Read the letter.

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

Tennessee counties received $31.4 million from the state’s Opioid Abatement Council in the first round of payments, Tennessee Lookout reports. Additional payments will occur yearly over the next two decades. Funds come from a $600 million pot paid into by AmerisourceBergen, Cardinal Health, McKesson and Johnson & Johnson. Under state law, 35% of the funds go directly to counties while the other 65% is set aside for grant programs. The news outlet has an interactive map showing how much each county will receive. In addition, Tennessee could have access to another $490 million if proposed settlements with Allergan, CVS, Teva, Walgreens and Walmart are approved.

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

Lincoln Memorial University Duncan School of Law has promoted Jordan Houser to director of career services and alumni relations. In his new role, Houser will lead the Office of Career Services and counsel current law students and alumni regarding all aspects of career development. Houser joined the law school in 2021 and has been serving as assistant director of career services. A 2017 graduate of the University of Tennessee College of Law, Houser previously served as a staff attorney in the Tennessee Valley Authority's Office of General Counsel and as a real estate associate in the Knoxville office of Baker, Donelson, Bearman, Caldwell & Berkowitz.

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

The latest version of the state of Tennessee’s app includes a new section for mental health and addiction resources featuring the top services from the Tennessee Department of Mental Health and Substance Abuse Services. MyTN app users can easily click to call or text the Statewide Crisis Line and the Tennessee REDLINE. The app also has information on connecting to treatment services for those who are uninsured including the Behavioral Health Safety Net and addiction treatment Continuum of Care. Read more about the app from the state.


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