TBA Law Blog


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Posted by: Stacey Shrader Joslin on Jun 7, 2023
News Type: Legal News

Gov. Bill Lee said Monday that he will not consult with Tennessee Attorney General Jonathan Skrmetti about a recent court decision striking down the state’s drag law, Tennessee Lookout reports. At an event promoting his transportation modernization plan, Lee said the next move “falls into the realm of the judicial branch and the attorney general will determine next steps from there.” He went on to say, “That bill was created to protect children in this state. I’ll continue to do that whenever we can. But the attorney general will make the decision about that particular piece of legislation.” Some confusion continues to exist as to whether the decision affects just Shelby County or is in force more broadly. Skrmetti told the Commercial Appeal that the law remains in effect in Tennessee’s other counties. Others contend the ruling applies to all counties in the Western District of the state, while others suggest it applies to the entire state.

Posted by: Stacey Shrader Joslin on Jun 7, 2023
News Type: Legal News

The Metro Nashville Employee Benefit Board voted this week to not provide medical insurance coverage for gender-related surgeries, Axios Nashville reports. Mayor John Cooper had urged the board to support the procedures for transgender employees and their beneficiaries over the age of 18. He argued the benefit would help improve employee recruitment and retention while opponents cited a number of concerns about the proposal. The board had previously voted against such coverage in 2021.

Posted by: Stacey Shrader Joslin on Jun 7, 2023
News Type: Legal News

The American Bar Association (ABA) Standing Committee on Ethics and Professional Responsibility released an opinion today to provide guidance on how lawyers may use a legal assistant to perform client intake tasks. Formal Opinion 506 reiterates Model Rule 5.3 and states that an assistant may perform an array of tasks at client intake, but the lawyer should ensure that prospective clients are always offered an opportunity to discuss the fee agreement and scope of representation with the lawyer. The opinion notes the benefits of using nonlawyer assistants but emphasizes that such assistants “must be carefully and astutely managed” to avoid ethical violations.

Posted by: Paul Burch on Jun 6, 2023
News Type: Legal News

Chattanooga lawyer Justin B. Faith has been appointed as the State Membership Chair for Tennessee by American Bar Association (ABA) President Deborah Enix-Ross. Faith will work with bar leaders and delegates to promote ABA membership growth and engagement in Tennessee. Faith practices civil business litigation and estate litigation at Gearhiser, Peters, Elliott & Cannon PLLC  and currently serves in the Tennessee Bar Association’s House of Delegates and on the TBA Young Lawyers Division Board. For more information, or if you have any questions about ABA membership, email Faith or call him at 423-756-5171.

Posted by: Paul Burch on Jun 6, 2023
News Type: Legal News

Shelby County District Attorney Steve Mulroy said Tuesday that three of four men who say they were wrongly arrested by the Memphis Police Department in late May have had their charges dropped, reported the Commercial Appeal. Brothers Jamil Ibrahim, Moamen Saad Hijaz, Ibrahim Mahmoud and Salim Ibrahim were arrested May 27. Hijaz, Mahmoud and Salim Ibrahim were charged with misdemeanor disorderly conduct while Jamil Ibrahim was charged with two counts of misdemeanor assault on a first responder. Mulroy said the charges against Jamil Ibrahim could be dropped in the future and that an internal investigation is underway into "the way the various police officers involved handled that incident."

Posted by: Paul Burch on Jun 6, 2023
News Type: Legal News

The Third Circuit Court of Appeals in Philadelphia ruled 11-4 on Tuesday that the government cannot ban people convicted of non-violent crimes from possessing guns reported Reuters. The decision stems from a 2020 lawsuit by Pennsylvania man, Bryan Range, who was barred under federal law from possessing a gun after pleading guilty to welfare fraud. He claimed the prohibition violated his right to bear arms under the Second Amendment of the U.S. Constitution. Range pleaded guilty in 1995 to committing welfare fraud in Pennsylvania in order to obtain $2,458 of food stamps, a misdemeanor punishable by up to five years' imprisonment. He was sentenced to three years of probation.

Posted by: Paul Burch on Jun 6, 2023
News Type: Legal News

(NOTE: An earlier version of this article carried incorrect information on this court decision.) The full Sixth Circuit Court of Appeals on Tuesday upheld the death sentence of William Glenn Rogers, who was convicted in 2000 of the kidnapping, rape and murder of a Clarksville child. Judge Amul R. Thapar delivered the opinion of the court to uphold the death penalty for Rogers.

Posted by: Paul Burch on Jun 6, 2023
News Type: Legal News

The U.S. Securities and Exchange Commission sued Coinbase on Tuesday, accusing the U.S. cryptocurrency exchange of operating illegally because of its failure register with the regulator, reported Reuters. In a complaint filed in Manhattan federal court, the SEC said Coinbase has made billions of dollars handling cryptocurrency transactions while evading the disclosure requirements meant to protect investors. On Monday, the SEC filed suit against Binance and founder Changpeng Zhao. Both civil cases are part of SEC Chair Gary Gensler's push to assert jurisdiction over crypto markets.

Posted by: Paul Burch on Jun 6, 2023
News Type: Legal News

The Tennessee Department of Human Services (TDHS) has opened applications for the 2023 Families First Community Grant Program, an initiative that will make available approximately $30 million in funding to non-profit organizations providing direct services to strengthen Tennessee families in need and promote self-sufficiency. Qualifying non-profit organizations are invited to apply here through July 7 at 5 p.m. CST.

Posted by: Stacey Shrader Joslin on Jun 5, 2023
News Type: Legal News

Lincoln Memorial University Duncan School of Law (LMU Law) has hired John Rice as a tenure-track assistant professor of law. Rice will teach courses on business organizations, civil procedure, legislation and regulation beginning this fall. Rice is a former judicial clerk with the Tennessee Supreme Court and civil litigator in Knoxville. He previously taught at the University of Tennessee College of Law, University of Massachusetts College of Law and Thomas R. Kline School of Law at Duquesne University. Rice earned his law degree from the University of Tennessee College of Law and was an active member of the TBA Young Lawyers Division Board for a number of years. Read more in the school's announcement.


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