TBA Law Blog


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Posted by: Kate Prince on Dec 31, 2021

President Joe Biden’s administration on Wednesday asked the U.S. Supreme Court to rule on whether it must keep the Trump-era “Remain in Mexico” policy, Reuters reports. Under the policy, migrants must wait weeks and sometimes years in Mexico for a U.S. court date on their bid for asylum. Biden attempted to end the policy in January, but a federal judge ruled it must be reinstated. An appeals court earlier this month agreed with the ruling. Biden’s Justice Department now seeks a ruling from the high court on whether the appeals court erred in their decision.

Posted by: Kate Prince on Dec 31, 2021

Beginning Jan. 1, beauty professionals in Tennessee are required to undergo anti-domestic violence training, WSMV reports. The bill was sponsored by Rep. Sam Whitson, R-Franklin, Sen. Becky Massey, R-Knoxville, and the YWCA of Nashville & Middle Tennessee. International disinfectant maker, Barbicide, and the YWCA teamed up to create the Shear Haven Domestic Violence Training – a training video for salon owners and stylists on how to recognize the signs of domestic violence and navigate conversations with clients who might be in danger. The Tennessee Department of Commerce & Insurance and the state Board of Cosmetology and Barber Examiners are playing significant roles in launching this initiative, which will cost employees nothing.

Posted by: Kate Prince on Dec 31, 2021
News Type: Legal News

Mel Fowler-Green, executive director of the Metro Human Relations Commission, has announced she will step down from her role after seven years, WPLN reports. Throughout four mayoral administrations, Fowler-Green led the agency’s work on policies related to inclusion, equity, LGBT right and immigrant access to government services. Out of her accomplishments, Fowler-Green points to completing more community-based research, like a three-part booklet series on Nashville’s affordable housing crisis. She will return to private practice at Yezbak Law Offices, a firm that specializes in plaintiff-side employment and civil rights cases.

Posted by: Kate Prince on Dec 31, 2021
News Type: Legal News

A Suffolk County, New York, jury yesterday found Teva Pharmaceuticals liable for its contributions to the opioid crisis, marking only the second opioid-related lawsuit to reach a jury verdict, the Associated Press reports. The drugmaker was found guilty of creating a “public nuisance” that ultimately led to an opioid epidemic linked to more than 500,000 deaths in the U.S. in the past two decades. The suit focused on Actiq and Fentora, two brand-name fentanyl drugs that Teva promoted using a “deceptive and dangerous marketing strategy,” the suit says. Teva was the only manufacturing company left in the lawsuit after others settled, netting New York up to $1.5 billion. The court will determine how much Teva will have to pay in the case at a later date.

Posted by: Kate Prince on Dec 30, 2021
News Type: Legal News

Brooklyn-based nonprofit Upsolve is offering users an app that helps them file for Chapter 7 bankruptcy at no cost and without hiring an attorney, WPLN reports. Users answer a series of questions through plain language in the app that populates their financial data into nearly two dozen forms required to file bankruptcy with federal courts. The services are free thanks to some government support and money from charitable foundations and individual donors. Those using the app still owe the $335 court filing fee, but can avoid hiring an attorney. Tennessee bankruptcy attorney Cynthia Podis shared her concerns about the app, noting the value in the guidance attorneys give. She says the debts some users have right now “might just be the tip of the iceberg,” which would mean they “may not want to file a Chapter 7 right now.”

Posted by: Kate Prince on Dec 30, 2021
News Type: Legal News

Federal Public Defender for the Middle District of Tennessee Kelley Henry is featured in a recap of the ABA Journal’s 2021 “Members Who Inspire” series. The series showcases exceptional American Bar Association members who encourage and energize others with their good work. Henry, who is chief of the Capital Habeas Unit, is known as a champion for death row inmates, recently representing death row inmates Lisa Montgomery and Pervis Payne. Arguing her client was incompetent for execution, Henry won several stays for Montgomery before she was ultimately executed in January, marking the first federal execution of a woman in 67 years. Payne’s death sentence was recently set aside by a Shelby County court after Henry and her team argued a recent state law barring the execution of those with mental challenges applied to Payne’s case. Read more about Henry from the ABA Journal.

Posted by: Kate Prince on Dec 30, 2021
News Type: Legal News

Nashville attorney Daniel Lewis is being sued by Texas class action firm Hilliard Martinez Gonzalez LLP, his former employer, for allegedly using confidential information in an effort to recruit their clients, the Nashville Post reports. The lawsuit, filed in Davidson County Chancery Court earlier this month, says that after his termination in December 2020, Lewis reportedly contacted HMG class action clients, asking them to transfer their cases to his new practice in Nashville. Chancellor Russell Perkins granted HMG’s request for an injunction against Lewis on Dec. 20, ruling that the firm made a strong case that Lewis had breached the confidentiality agreement and that his actions risked irreparable harm to the firm. In an email to attorneys included in HMG’s lawsuit, Lewis says the Tennessee Board of Professional Responsibility "personally advised" him that his outreach to HMG clients was “okay.” HMG is represented by Gerard Stranch IV of Branstetter, Stranch & Jennings.

Posted by: Kate Prince on Dec 30, 2021
News Type: Legal News

The Macon County Commission has elected a full-time and part-time judicial commissioner, the Lebanon Democrat reports. Dayle Gann will fill the full-time role for a four-year term and William Wallace will serve as the part-time commissioner. Gann has worked in Circuit Court Clerk Rick Gann’s office since 2018 and has been serving as a part-time judicial commissioner since October when longtime commissioners Danny and Cathy Gross announced their retirements. Wallace was a homicide detective in California before moving to Macon County.

Posted by: Kate Prince on Dec 30, 2021
News Type: Legal News

Jeri Thomas, CEO of the Nashville Recovery Court Support Foundation Inc., was recently presented with the inaugural Christy Vernon Spirit Award during the annual Tennessee Association of Recovery Court Professionals conference. Thomas was a probation officer for 20 years before becoming involved with drug court, a role she says she has a “tremendous amount of passion for.” The award’s namesake, Christy Vernon, was part of the recovery community at the state level. Vernon’s family attended the ceremony. Read more on the story from the Administrative Office of the Courts.  

Posted by: Kate Prince on Dec 30, 2021
News Type: Legal News

Black children in Rutherford County are being jailed at a disproportionately high rate and the disparity is only getting worse. That’s according to a new report from WPLN which, in collaboration with ProPublica, published a story in October that revealed the county’s “staggering history of jailing children,” often illegally. Following that report, WPLN received data from the Tennessee Commission on Children and Youth that shows 38% of the 6,350 children booked into the county’s juvenile jail from July 2010 to June 2021 were Black. The county’s racial gap is comparable to national data, but while racial disparity is decreasing in most of the country, it’s increased in Rutherford County. From 2010 to 2017, 36% of the kids locked up by the county were Black. From 2018 to mid-2021, that figure climbed to 58%. The October report garnered attention from state and U.S. officials, with Gov. Bill Lee calling for a judicial review and 11 members of Congress signing a letter urging the U.S. Department of Justice to investigate the county’s juvenile justice system.


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