TBA Law Blog


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Posted by: Stacey Shrader Joslin on Nov 4, 2022
News Type: Legal News

Tennessee Attorney General Jonathan Skrmetti announced today that a settlement with three national pharmaceutical companies — CVS, Walgreens and Walmart — and opioid manufacturer Janssen will provide $84 million to help abate the opioid crisis in Tennessee. The funds now bring Tennessee’s total payout to more than $128 million. That amount includes more than $90 million for the Tennessee Opioid Abatement Trust Fund, which is disbursed throughout the state to address the opioid crisis. Tennessee was a lead state in the negotiations that secured the funds. More than 150 counties and municipalities also are participating. Nationwide, the companies agreed to pay about $13.8 billion. Reuters has more on the overall settlement.

Posted by: Stacey Shrader Joslin on Nov 4, 2022
News Type: Legal News

The 6th Circuit U.S. Court of Appeals has upheld a lower court decision to strip Knoxville Police Officer Dylan Williams of immunity in a wrongful death lawsuit, Tennessee Lookout reports. The decision came in a case brought against Williams after he shot Channara Tom “Philly” Pheap in August 2019 in the parking lot of a Knoxville apartment complex. Williams argued that Pheap grabbed his taser and fired it at him. Eye witnesses said Pheap was running away when he was shot. The court said that because Pheap was unarmed and shot in the back, the situation justified removal of immunity protection.

Posted by: Stacey Shrader Joslin on Nov 4, 2022
News Type: Legal News

Today was Executive Director Joycelyn Stevenson’s last day at the Tennessee Bar Association. She plans to take some time off before beginning her new position as managing shareholder of Littler’s Nashville office in December. TBA staff gathered last week to honor (and roast) Stevenson at a going away dinner. Moving forward, TBA Assistant Executive Director Barry Kolar has been named interim executive director and will serve in that capacity until a new director is hired. A search committee led by former TBA President and Knoxville lawyer Jason Long has been formed and is working to identify the association’s next leader. Those interested in learning more about the opening should contact Long at jlong@lewisthomason.com.

Posted by: Kate Prince on Nov 3, 2022
News Type: Legal News

When Joycelyn Stevenson saw a posting for executive director of the Tennessee Bar Association in 2017, she set it aside and went back to work. “I felt like, I’m not going to get that job. That’s a job that somebody else is already in line for,” she said. Flash forward to today, Stevenson has successfully headed up the bar association for more than five years and is now leaving the TBA to return to private practice. In a new episode of the TBA’s Sidebar podcast, Stevenson engages in an honest discussion on lessons learned from the TBA, thoughts on her leadership style, overcoming self-doubt, advice for fellow leaders and more. “That’s the big leadership advice from me: everybody’s role is important and bring people along with you.” Sidebar is part of the TBA Podcast Network and can be found on the TBA’s website or wherever you listen to podcasts.

Posted by: Kate Prince on Nov 3, 2022
News Type: Legal News

Two advocacy groups are asking Gov. Bill Lee to appoint a special investigator to look at possible “failings” by law enforcement and state prison officials leading up to the kidnapping and murder of Eliza Fletcher in Memphis. In the letter, the People for the Enforcement of Rape Laws (PERL), and Families Against Mandatory Minimums (FAMM) question the culpability of the Memphis Police Department and the Tennessee Department of Corrections. It specifically cites a 2021 rape kit that could have led to the arrest of Cleotha Henderson, who is now charged in Fletcher’s death. The kit was left untested for nearly one year. "We think an investigation into this grave lapse must take place if state leaders truly want to prevent future tragedies,” the letter states. Read more from the Commercial Appeal.

Posted by: Kate Prince on Nov 3, 2022
News Type: Legal News

The Raphah Institute has withdrawn from splitting a $1.5 million grant with Gideon’s Army to work on violence interruption in North Nashville, WPLN reports. Nashville Mayor Jon Cooper’s Community Safety Partnership Fund Board last month recommended the two groups split the funding despite having different approaches. Gideon’s Army relies on people on the street who work to stop violence, while the Raphah Institute runs a diversion program with the juvenile court. A letter from Raphah founder Travis Claybrooks cited the institute’s expansion of its restorative justice work into adult court and helping Memphis launch a similar program as two reasons it could not take on the pilot.

Posted by: Kate Prince on Nov 3, 2022
News Type: Legal News

The TBA’s annual Tennessee Court of Appeals Boot Camp took place yesterday in Nashville. The boot camp allowed attendees to observe oral arguments in real cases being presented to the court, followed by analysis and discussion on preparation, tips and considerations for deciding to seek review in the Court of Appeals. Court of Appeals Judges Andy Bennett, Frank Clement Jr., Neal McBrayer and Jeffrey Usman participated in the panel and engaged with attendees.

Posted by: Kate Prince on Nov 3, 2022
News Type: Legal News

The TBA yesterday made a trip to Clarksville during its 2022 Court Square Series. Event attendees participated in a networking session with TBA President-elect Jim Barry, heard a Legislative Update from the TBA’s Berkley Schwarz and listened to Clarksville attorney Ray Runyon discuss surviving spousal rights. The event wrapped up with a judicial panel featuring Chancellor Ben Dean and Judges Kathryn Wall Olita, Reid Poland and Joel Wallace. The next stop in the Court Square Series will be in Savannah on Nov. 16.

Posted by: Barry Kolar on Nov 2, 2022
News Type: Legal News

Longtime Hamilton County Attorney Rheubin Taylor has filed suit against new County Mayor Weston Wamp, Chattanoogan.com reports. The suit claims Wamp is trying to fire him despite him having a four-year contract given by the prior County Commission in 2021. Chancellor Jeff Atherton has filed a temporary restraining order, keeping Taylor as the county attorney. In related action, commissioners today overruled four Wamp vetoes of commission resolutions related to his attempts to fire Taylor.

Posted by: Julia Wilburn on Nov 2, 2022
News Type: Legal News

Attorney General Jonathan Skrmetti has published an opinion stating that the disposal of fertilized human embryos that haven’t been transferred to a woman’s uterus does not violate the state’s Human Life Protection Act and isn’t punishable as a “criminal abortion,” the Tennessee Lookout reports. The opinion goes on to clarify that the state’s new abortion law only applies when a woman is physically pregnant, which could indicate a shift for some in the legislature who believe life begins at conception. The article also notes that some state senators are considering filing legislation in the new year to change the Human Life Protection Act to potentially separate medical emergencies dealing with pregnancies from “elective” abortions. Such a move could enable doctors to treat women without facing the dilemma of being presumed guilty for performing an abortion or violating their oath to meet a standard of care for patients.


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