TBA Law Blog


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Posted by: Julia Wilburn on May 19, 2023
News Type: Legal News

The Sixth Circuit Court of Appeals has dismissed the remaining claims against Hamilton County Sherriff’s deputy Jacob Goforth in the “baptism case” against former deputy Daniel Wilkey. Wilkey arrested a woman during a traffic stop and then “baptized” her in Soddy Lake. Goforth allegedly arrived on the scene and a lawsuit against him says that he should have tried to stop the baptism. The Chattanoogan reports that attorney Jerry Tidwell said, "In a unanimous opinion, the court ruled that deputy Goforth was entitled to qualified immunity as his actions violated no clearly established constitutional right of the late Shandle Riley.”

Posted by: Julia Wilburn on May 19, 2023
News Type: Legal News

Chancellor JoeDae Jenkins ruled Thursday that two Memphis mayoral candidates can continue their campaigns, citing a 1996 ballot referendum that eliminated the five-year residency requirement. Shelby County Sheriff Floyd Bonner and Memphis NAACP President Van Turner sued the Shelby County Election Commission over the requirement that candidates must have lived in Memphis for at least five years to be eligible. The Commercial Appeal quotes Jenkins’ ruling, saying, "The court finds and concludes it does not find any ambiguity at all … rather the reading is quite simple on its face, particularly when read in its proper context which retains the integrity of the ordinance without adding or taking away from it. That is to say, the mayoral qualification clause is dependent on the qualifications of the (city council members).”

Posted by: Paul Burch on May 18, 2023
News Type: Legal News

The U.S. Court of Appeals for the 5th Circuit heard oral arguments Wednesday in the case Alliance for Hippocratic Medicine v. FDA, which challenges the Food and Drug Administration's 2000 approval of mifepristone, a commonly used drug for abortions and miscarriages, reported Roll Call. The three judge panel expressed concern about telemedicine and the lack of oversight when prescribing and dispensing the drug by mail. The pharmaceutical industry has warned that a court ruling challenging the FDA’s authority to regulate drugs would be unprecedented and could undermine the development and approval of new medications.

Posted by: Paul Burch on May 18, 2023
News Type: Legal News

Members of the Memphis City Council have begun the process of eliminating the elected office of city court clerk and reinstating the Division of Traffic Violations under city administration, the Commercial Appeal reports. Council members are considering allowing voters to decide next year whether to recreate the elected position. City attorneys advised the Memphis City Council that the 1975 ordinance that created the office of city court clerk was never formerly adopted as a charter amendment. City Court Clerk Myron Lowery, whose term ends Jan. 1, 2024, said he had not been informed of the vote.

Posted by: Paul Burch on May 18, 2023
News Type: Legal News

Farrar & Bates LLP announced the firm will transition to be called Farrar, Bates & Berexa. Kristin Berexa, Laura Hight and Casey Crane have been named new partners in the firm following the retirement of Bill Bates. “I am extraordinarily pleased to have Kristin, Laura, and Casey join me in leading the firm as we continue to provide excellent service to our clients,” said founder Russ Farrar in a press release. Berexa joined Farrar & Bates in 1994 after serving as an assistant attorney general with the office of the Tennessee attorney general. Hight leads the firm’s real estate litigation department while Crane focuses on defending local governments and their employees in civil rights, employment and GTLA matters.

Posted by: Paul Burch on May 18, 2023
News Type: Legal News

A group of parents whose children attend The Covenant School in Nashville where a deadly shooting killed three students and three teachers in March filed a motion Wednesday seeking to keep the shooter’s writings from public release, WSMV reports. The motion comes after Nashville police denied public records requests, claiming the material was protected from release during an open investigation. Last week, House Republican Caucus Chairman Jeremy Faison sent a letter to Metro Nashville Police Chief John Drake signed by 66 caucus members calling for the release of the writings, which are said to include the shooter’s other intended targets. In addition, The Tennessee Firearms Association, Star News Digital Media and the National Police Association have filed lawsuits seeking their release.

Posted by: Paul Burch on May 18, 2023

Gov. Bill Lee signed legislation Wednesday to disband community led police oversight boards funded by taxpayers throughout the state, as reported by the Tennessean. In April, the House voted 67-19 to replace them with police advisory and review committees. Under the new legislation, review board members will be appointed by city mayors and approved by municipal governments. Review boards will only be allowed to review department-led investigations. 

Posted by: Stacey Shrader Joslin on May 17, 2023

Tennessee Gov. Bill Lee continues to sign legislative proposals into law, recently approving new regulations on Delta 8 products, protecting gun manufacturers from lawsuits and reorganizing Nashville’s Music City Center convention board. Three members of the governor’s cabinet now have automatic non-voting seats on board, WPLN reports. One bill the governor has not yet signed is a measure restructuring local police oversight boards, according to News Channel 5.

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

A federal judge in Virginia has ruled that a law banning licensed federal firearms dealers from selling handguns to young adults under 21 violates the Second Amendment and is unconstitutional. The ruling, if not overturned, would allow dealers to sell handguns to 18, 19 and 20-year-olds, the Associated Press reports. The judge stated that many of the rights and responsibilities of citizenship are granted at the age of 18 and gun ownership should not be any different.

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

Lewis Brisbois Bisgaard & Smith has named New York attorney Gregory Katz as the firm’s new managing partner, Bloomberg Law reports. Katz replaces firm founding partner Robert Lewis, who stepped down last week after 110 lawyers left to join a new venture launched by two former practice chairs. Lewis Brisbois has offices throughout the U.S. including Nashville. In January, 32 cybersecurity lawyers left the firm to join Constangy, Brooks, Smith & Prophete, which also has offices in Nashville.


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