TBA Law Blog


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Posted by: Julia Wilburn on May 27, 2026
News Type: Legal News

TBA's Litigation Section last week hosted Perspectives from the Bench, a discussion with Tennessee Supreme Court Chief Justice Jeff Bivins and Nashville School of Law Dean William Koch, who served on the Supreme Court from 2007-2014. Moderated by section members Hunter Branstetter and Todd Presnell, the panel discussed each justice's path to the bench, paying particular attention to the fact that the path is not always linear. Bivins and Koch encouraged attendees to be open to new opportunities and to embrace stepping outside their comfort zones. The group also discussed the importance of mentors, the manner in which the justices interact, the importance of the Rule of Law in society and more. See photos from the event.

Posted by: Julia Wilburn on May 26, 2026
News Type: Legal News

A federal judge on Tuesday declined to temporarily block Tennessee's newly redrawn congressional map, ruling that plaintiffs — several Black Memphis voters and organizations represented by the ACLU — had not demonstrated a substantial likelihood of success in their claims that the map was racially discriminatory. The new map, passed during a special legislative session, eliminates the state's only majority-Black congressional district and would likely result in a 9-0 Republican House delegation. Plaintiffs argued the redraw was both racially motivated and poorly timed, coming amid active candidate filing deadlines ahead of an August primary. The judge acknowledged discrimination could have been a factor but stopped short of finding the legal bar met for emergency relief. The Hill reports that an appeal is expected. The same judge rejected an earlier temporary restraining order request from a group of Memphis congressional candidates.

Posted by: Julia Wilburn on May 26, 2026
News Type: Legal News

Following last week's failed execution of Tony Carruthers, attorneys for the American Civil Liberties Union (ACLU) are calling on Gov. Bill Lee to pause all executions by lethal injection in the state. First Assistant Federal Public Defender Amy Harwell said, “Clearly there are issues regarding competency and training of corrections staff for executions. It is unconscionable to continue to schedule executions until the courts and the public have a full understanding of what changes need to be made.” WSMV reports that a Davidson County Chancery Court judge ordered the Department of Corrections to preserve evidence of what happened at last week's failed lethal injection procedure. Read more in a media advisory.

Posted by: Julia Wilburn on May 26, 2026

The Tennessee Supreme Court has issued notice that the Tennessee General Assembly has ratified amendments to the Tennessee Rules of Criminal Procedure and Tennessee Rules of Appellate Procedure. The amendments, adopted by the court in January, take effect on July 1.

Posted by: Julia Wilburn on May 26, 2026
News Type: Legal News

Washington D.C.-based lobbying firm Vogel Group has expanded its presence in Nashville with the addition of four individuals from Holland & Knight’s government affairs group. The Nashville Post reports that Catie Lane Bailey and Annie Beckstrom have joined the firm as principals, while Mack Cooper and Chase Ingles joined as directors. Bailey and Beckstrom also will serve as partners in the Nashville office of D.C.-based law firm Holtzman Vogel Baran Josefiak & Torchinsky, which expanded to the city last year. The group will advise clients on legislative strategy, regulatory engagement, political risk and positioning, and public policy matters. Read more in a press release from the firm.

Posted by: Julia Wilburn on May 26, 2026
News Type: Legal News

Tennessee Attorney General (AG) Jonathan Skrmetti on Tuesday announced that the state joined a bipartisan coalition of attorneys general opposing the federal Kids Internet and Digital Safety Act (KIDS Act), H.R. 7757, arguing the bill would weaken states’ ability to protect children online while insulating Big Tech from accountability. The coalition warned the KIDS Act would broadly preempt state laws addressing online harms to minors, including social media harms, obscenity, social gaming platforms and artificial intelligence chatbots. The group expressed support for the Senate version of the Kids Online Safety Act (KOSA), S. 1748, which includes a key duty-of-care provision requiring online platforms to act in the best interests of minors while preserving states’ authority to enforce stronger protections for children and teens. The letter comes as attorneys general across the country continue investigations and litigation involving major social media platforms, including Meta and TikTok, over allegations that their platforms target and harm underage users.

Posted by: Julia Wilburn on May 26, 2026

Gov. Bill Lee recently signed the FAIR Rx Act, which prevents pharmacy benefit managers (PBM) from holding pharmacy licenses in Tennessee and requires those companies to divest pharmacy ownership by July 1, 2028. The Tennessee Journal reports that CVS Health, which operates 134 retail pharmacy stores and 25 MinuteClinic locations in Tennessee, almost immediately filed a federal lawsuit in an attempt to block the law. According to NewsChannel 5, CVS said the legislation would lead to pharmacy closures, job losses and reduced healthcare access across the state. Supporters of the legislation, including the Tennessee Pharmacists Association, argue the bill is necessary to stop conflicts of interest in the prescription drug industry and protect independent pharmacies from unfair reimbursement practices.

Posted by: Julia Wilburn on May 25, 2026
News Type: Legal News

The University of Tennessee Winston College of Law has announced that Art Stolnitz Distinguished Professor of Law Paula Schaefer has been named interim dean of the law school, beginning July 1. She will succeed Lonnie T. Brown Jr., who has been named dean of Temple University’s Beasley School of Law. Schaefer joined the Winston Law faculty in 2008 and served as associate dean for academic affairs from 2019 to 2023. She leads the Winston Fellows program and teaches professional responsibility, civil procedure and lawyering & professionalism. She also coordinates and teaches in the Semester in Residence program. A national search for a permanent dean is planned to begin in the fall.

Posted by: Julia Wilburn on May 22, 2026
News Type: Legal News

U.S. District Judge Waverly Crenshaw on Friday dismissed human smuggling charges against Kilmar Abrego Garcia. According to the Associated Press, Crenshaw ruled that without Abrego Garcia’s “successful lawsuit challenging his removal to El Salvador, the government would not have brought this prosecution,” dismissing claims of “new evidence” against him. Abrego Garcia was charged with human smuggling and conspiracy to commit human smuggling. Prosecutors alleged that he accepted money to transport within the United States people who were in the country illegally. In December 2025, Crenshaw said the government's case could be "vindictive." In February, U.S. District Judge Paula Xinis of Maryland ruled that U.S. Immigration and Customs Enforcement (ICE) could not re-detain Abrego Garcia after a detention period expired because it had no viable plan for deporting him.

Posted by: Stacey Shrader Joslin on May 22, 2026

A three-judge panel of state judges heard arguments Thursday morning from the NAACP and the state of Tennessee in one of several challenges to a new map that splits up the Memphis congressional district. The court adjourned without issuing a final ruling. Arguments centered on standing to bring suit and the meaning of the word “facilitate” in the governor’s proclamation calling for the special legislative session. On the later point, the NAACP argued that state lawmakers made the election more difficult and more confusing, thus not “facilitating” it. The state argued that the legislature fulfilled the governor’s directive because the changes “served the purpose of holding this year’s votes.” The Nashville Post takes a closer look at the arguments and questions posed by the judges. In related news, federal Judge William L. Campbell yesterday issued a memorandum explaining his reasons for denying a temporary restraining order in another challenge brought by voters and congressional candidates. Campbell did not completely dismiss the plaintiffs’ arguments or the possibility that they might eventually win in court but ruled that they had not demonstrated a sufficient likelihood of success.


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