TBA Law Blog


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Posted by: Julia Wilburn on May 4, 2023
News Type: Legal News, Upcoming

The Tennessee Trial Lawyers Association (TTLA) has created the Larry Daughtrey Courage in Journalism Award to be given periodically to a journalist who has covered civil justice issues of public interest to Tennesseans. The award is named after reporter and journalist Larry Daughtrey, whose career began during the civil rights movement and spanned nearly 50 years. Judges will be looking for someone who has ethically shined light on issues that might otherwise have been forgotten, presented complex issues to the public in a fair and understandable way, and displayed courage in their journalism. The deadline to receive nominations is May 15.

Posted by: Julia Wilburn on May 4, 2023
News Type: Legal News

Tennessee Attorney General Jonathan Skrmetti will begin fiscal year 2023-2024 with 10 more attorneys who will comprise a new “strategic litigation unit.” As part of a $56.2 billion budget, the legislature approved the new positions at a cost of $2.25 million, giving Skrmetti a $52.95 million payroll for 363 positions with an average salary of $146,600. The Tennessee Lookout reports that Skrmetti’s Chief of Staff Brandon Smith says the new attorney unit will focus on “proactive litigation defending the separation of powers and the constitutional rights of Tennesseans, the defense of state laws presenting significant federalism issues, and pursue transparency and accountability for certain corporate activities that undermine the democratic process and harm consumers.”

Posted by: Julia Wilburn on May 4, 2023
News Type: Legal News

The autopsy report of Tyre Nichols, the motorist who died after being beaten by Memphis police officers, reveals that Nichols was killed by blunt force trauma to the head. The Commercial Appeal reports that Nichols' family viewed the autopsy report Wednesday, nearly four months after Nichols' death, and attorney Ben Crump said the manner of death was homicide.

Posted by: Julia Wilburn on May 4, 2023
News Type: Legal News

The Memphis branch of the NAACP criticized Tennessee’s response to gun violence after a shooting Wednesday at Fox 13 News. The group questioned the apparent ease with which the assailant was able to obtain an assault rifle. Local chapter President Van Turner called on Gov. Bill Lee and the General Assembly to call a special session this summer to consider gun reform. The group also announced it is in support of Shelby County District Attorney General Steve Mulroy’s decision not to charge Preston Hemphill, an officer who was involved in the initial attempted arrest of Tyre Nichols in January. The Daily Memphian has the full report.

Posted by: Julia Wilburn on May 4, 2023
News Type: Legal News

Despite calls from various groups, Metro Nashville Police (MNPD) says it will not be releasing the Covenant School assailant’s writings at this time. Some Covenant parents have told MNPD they do not want the writings to be made public, and Metro Law Director Wally Dietz says, “We believe family members of the victims should have the opportunity to present any concerns or objections to the Court at that time.” WPLN reports that Metro plans to eventually release a redacted version of the journal found in the assailant’s car.

Posted by: Stacey Shrader Joslin on May 3, 2023
News Type: Legal News

No charges will be filed against former Memphis police officer Preston Hemphill for his role in pulling Tyre Nichols over on the evening of Jan. 7, Shelby County District Attorney General Steve Mulroy said yesterday. Hemphill, who was fired from the police department after Nichols died, was seen firing his taser at a fleeing Nichols. Hemphill's body camera footage showed him running after Nichols for a short distance before stopping. He was not seen at the second confrontation where five former MPD officers took turns delivering blows to Nichols, the Commercial Appeal reports.

Posted by: Stacey Shrader Joslin on May 3, 2023
News Type: Legal News

Tennessee Attorney General Jonathan Skrmetti has filed public comments in response to proposed new federal efficiency standards for refrigerators, refrigerator-freezers, freezers and washing machines. The comments, joined by a coalition of state attorneys general, argue that the proposals will have negative effects on consumers, particularly low-income individuals. Access the comments here.

Posted by: Stacey Shrader Joslin on May 3, 2023
News Type: Legal News

Nashville District Attorney Glenn Funk has joined a motion filed by NewsChannel 5 to unseal court documents related to a search of his office by the Tennessee Attorney General’s office. In his motion, Funk argues there is a conflict between the attorney general’s office representing him in cases while conducting an on-going criminal investigation into his office. In the motion, he also says that accessing the documents will reveal whether he has an obligation to report the attorney general to the Board of Professional Responsibility, request an advisory opinion from the board, and/or request court orders requiring the attorney general to withdraw from representing his office in all pending and future matters.

Posted by: Stacey Shrader Joslin on May 3, 2023
News Type: Legal News

The Tennessee Firearms Association has filed a public records lawsuit against Metro Nashville in an attempt to access the writings of the Covenant School shooter. The papers are currently in the custody of the Metro Nashville Police Department as part of an open investigation, according to NewsChannel 5. Gov. Bill Lee said last week the writings would be released to the public "very soon."

Posted by: Stacey Shrader Joslin on May 3, 2023
News Type: Legal News

The American Bar Association Standing Committee on Ethics and Professional Responsibility released a formal opinion today examining a lawyer’s ethical obligations for fees paid in advance for legal work to be performed in the future. Formal Opinion 505 explains the differences between advance fees and retainers and warns against characterizing an advance fee as nonrefundable and/or earned upon receipt. Read more about the opinion.


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