TBA Law Blog


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Posted by: Stacey Shrader Joslin on Aug 3, 2022
News Type: Legal News

A Tennessee-based federal judge has issued a temporary restraining order against anti-abortion group Operation Save America after it attempted to block access to two reproductive health clinics in Nashville and Mt. Juliet last week, the Tennessean reports. Police arrested several during escalating demonstrations, which included playing the sounds of a baby crying and entering the clinic under false pretenses. One of those arrested had a gun outside the clinic while another said the group planned to “terrorize” the building. U.S. District Judge Waverly Crenshaw issued the order last Friday finding that the group had "engaged in and plan to continue to engage in physically obstructing the entrance ... and threatening facility staff and patients." A hearing is set for Friday to determine if further court action is needed.

Posted by: Stacey Shrader Joslin on Aug 2, 2022
News Type: Legal News

The private contractor that oversaw the juvenile detention center in downtown Nashville pulled out of its $28 million contract four years early this summer, leaving city leaders scrambling to secure a new provider. The contractor, Youth Opportunity Investments, notified juvenile court officials of their intention to scrap that contract in May. Juvenile Court Judge Sheila Calloway tells Axios Nashville that the company had "escalating" staffing problems including high turnover and excessive overtime hours for staff. An emergency contract with Rite of Passage started July 1 and runs through the end of 2023.

Posted by: Kate Prince on Aug 2, 2022
News Type: Legal News

The Chattanooga Bar Association recently held a retirement reception for Judges Russell Bean, Jeffrey Hollingsworth and Don Poole, the Hamilton County Herald reports. Roughly 180 guests attended the event, which took place at Pinnacle Financial Partners. Bean, who served 22 years on Chattanooga’s city court, told the crowd that stepping down was “bittersweet.” Hollingsworth, elected to the Hamilton County Circuit Court in 2006, announced his plans to open a mediation practice with his daughter. Poole practiced law for 33 years before being elected to the county’s criminal court in 2006. He thanked his wife and fellow jurists for their support, adding he wasn’t quite sure what people mean when they congratulate him for retiring. “Maybe they mean, ‘Congratulations for getting old,’” he joked.

Posted by: Kate Prince on Aug 2, 2022
News Type: Legal News

Two former employees of the Knox County Criminal Court Clerk’s office have filed federal lawsuits against their former boss for alleged age and disability discrimination, the Knoxville News Sentinel reports.  Kathy Diane Lewis, 63, and Christine Dumais, 64, say Knox County Criminal Court Clerk Mike Hammond used the COVID-19 pandemic as an excuse to lay off older women in the office and replace them with “significantly younger females” with little or no experience. “Hammond established a pattern and practice of hiring females significantly younger than (Lewis and Dumais), and some of whom Hammond had become acquainted with at local bars and entertainment establishments,” the lawsuits state. Hammond allegedly told both women their positions were being eliminated due to lack of funds, but the suits allege the jobs were not eliminated, but instead filled by younger women. Lewis and Dumais filed complaints with the Equal Employment Opportunity Commission and have since received a “right to sue” letter based on that agency’s investigation.

Posted by: Kate Prince on Aug 2, 2022
News Type: Legal News

Tennessee Attorney General Herbert Slatery today announced that the state will join an Anti-Robocall Litigation Task Force of 50 attorneys general to investigate and take legal action against the telecommunications companies responsible for bringing a majority of foreign robocalls into the United States. The task force has issued civil investigative demands to 20 gateway providers and other entities who, according to the release from the AG’s office, are not taking sufficient action to stop robocall traffic. “We wouldn’t be bombarded with robocalls if it wasn’t benefitting certain companies in the telecommunications industry,” Slatery said. “These calls are not only a nuisance but a scam risk to many in Tennessee and nationwide.”  

Posted by: Kate Prince on Aug 2, 2022
News Type: Legal News

A story from MLK50: Justice Through Journalism highlights the differences in how Shelby County’s six General Sessions Civil Court judges handle eviction cases. MLK journalists sat through hearings in front of all six judges over the course of three weeks, observing at least 10 eviction cases in which the tenant came to court in each courtroom. Of those cases, Judges Danielle Mitchell Sims, Betty Thomas Moore and Deborah Henderson were the only judges to bring up the Emergency Rental Assistance funds — a federal program that could cover up to 12 months of past-due rent and two months of future rent. The Commercial Appeal has a breakdown of MLK’s report, including why other judges did not mention the ERA program in court and how certain state housing policies prevent judges from doing more in eviction cases.

Posted by: Kate Prince on Aug 2, 2022
News Type: Legal News

Tennessee appellate courts hit a milestone recently after livestreaming 1,000 cases. Livestreaming began during the pandemic to ensure public access to oral arguments, but the Tennessee Supreme Court and Court of Appeals opted to keep livestreaming after returning to the courtroom. Participating judges say livestreaming improves transparency, encourages public understanding of the appellate court’s process and helps lawyers better prepare for oral arguments. “Transparency builds confidence and trust in the court system. We have always welcomed the public into the courtroom, but livestreaming opens the doors to thousands of more viewers,” Tennessee Supreme Court Chief Justice Roger Page said. Appellate oral arguments have been viewed more than 140,000 times on the TNCourts and TNCourts2 YouTube channels, which have a combined total of more than 3,000 subscribers. Read more from the Administrative Office of the Courts.

Posted by: Kate Prince on Aug 2, 2022
News Type: Legal News

The Trial Court Vacancy Commission interviewed five candidates for a vacancy on the Sixth Judicial District Criminal Court, which covers Knox County. Following the public interviews, the commission voted to send the names of Emily Faye Abbott, Hector I. Sanchez and Wesley D. Stone to Gov. Bill Lee for his consideration. The vacancy was created after Judge Kyle A. Hixson was confirmed to the Court of Criminal Appeals – Eastern Section. The Administrative Office of the Courts has more on the candidates.

Posted by: Stacey Shrader Joslin on Aug 1, 2022
News Type: Legal News

The Tennessee Bureau of Workers’ Compensation has announced the three finalists for the 2022 Sue Ann Head Award for Innovation and Excellence in Workers’ Compensation. They are: Dan Headrick, an industrial specialist for STAR Physical Therapy; Bob Pitts, a member of the Tennessee Advisory Council on Workers’ Compensation; and Sarah Hardison Reisner, a workers' compensation defense attorney. The winner will be announced on Aug. 16 at a luncheon during the 25th Tennessee Workers' Compensation Educational Conference in Murfreesboro. The award, named for former Workers’ Compensation Division director Sue Ann Head, recognizes individuals who have made a significant and positive impact on the workers’ compensation system.

Posted by: Stacey Shrader Joslin on Aug 1, 2022
News Type: Legal News

Merchant & Gould has named John Winemiller as managing partner of the Knoxville office and the firm’s first-ever chief diversity officer. In this new role, Winemiller will serve as the firm’s expert on current and emerging developments in diversity, equity and inclusion (DEI), including best practices for recruitment, retention and promotion of underrepresented attorneys and non-attorney employees. Winemiller previously served as the chair of the firm’s Diversity Committee. He will remain based in Knoxville but will work across the firm's seven offices to advance DEI initiatives. Winemiller also was a member of the TBA’s Diversity Task Force in 2020.


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