TBA Law Blog


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Posted by: Azya Thornton on Apr 4, 2025
News Type: Legal News

More Tennesseans were employed in February than the previous month, with 88 of 95 counties reporting a decline in unemployment rates, the Tennessee Department of Labor and Workforce Development announced Thursday. In two counties, unemployment rates remained the same as in January, while five counties saw an increase. Eighty-four counties recorded unemployment rates of less than 5% and the remaining 11 had rates between 5% and 10%. Tennessee’s seasonally adjusted unemployment rate has held steady at 3.7% for six consecutive months. The national rate in February was 4.1%.

Posted by: Azya Thornton on Apr 4, 2025

An investigation by the Tennessee Occupational Safety and Health Administration (TOSHA), released Wednesday, found that workers at an East Tennessee plastics company who died in flooding from last year’s Hurricane Helene had time to evacuate, though by “makeshift routes,” the Associated Press reports. The report concluded that Impact Plastics Inc. “exercised reasonable diligence to dismiss employees and direct them to leave the site in this emergency situation.” An attorney representing one of the families of a worker who died alleges that TOSHA’s report overlooks witness testimony, critical text messages, emergency alert logs and photographic evidence. The report relies on the fact that some Impact Plastics employees did escape the flood and notes that the investigation was hindered by “phone service disruptions, language barriers and other challenges,” and that the flooding destroyed the company’s workplace safety records. In addition to TOSHA, the Tennessee Bureau of Investigation is probing the six deaths, with that investigation still ongoing.

Posted by: Azya Thornton on Apr 4, 2025

TBA lobbyists Berkley Schwarz of Pier Strategies LLC and Brad Lampley and Ashley Harbin of Adams and Reese discuss Gov. Bill Lee’s budget amendment in the latest episode of the TBA Legislative Updates podcast. They highlight funding for the proposed indigent representation plan from the Administrative Office of the Courts on behalf of the Tennessee Supreme Court, key TBA bills moving through the legislature, including an amendment to SB1331/HB1331 related to child custody and the upcoming vote on the state budget. Listeners can support the TBA's lobbying efforts by contributing to LAWPAC. Those with legal questions related to weather issues can contact the helpline at 844-HELP4TN (844-435-7486). Tune in to the podcast on the TBA website or through this link.

Posted by: Stacey Shrader Joslin on Apr 4, 2025
News Type: Legal News

The Tennessee Commission on Continuing Legal Education (CLE) has filed a petition with the Tennessee Supreme Court asking the court to makes several changes to Rule 21, which governs operations of the commission. According to the commission, the amendments are primarily designed to overhaul the commission's regulations, which were adopted in 2008; align Rule 21 and its regulations; and improve processes for attorneys. One change highlighted by the commission in its petition is aligning attorney CLE statuses with the various inactive provisions of Tennessee Supreme Court Rule 9, Section 10.3. Under the proposed change, an attorney who chooses to make their law license inactive would also become inactive with the commission without an annual reporting requirement. The commission also proposes eliminating the current annual exemptions in favor of a simple active/inactive approach. Other proposals would make changes to commission leadership positions and how the commission’s website is referenced in the rules. Read more from the commission.

Posted by: Stacey Shrader Joslin on Apr 3, 2025
News Type: Upcoming

The National Civil Rights Museum in Memphis will commemorate the 57th anniversary of Martin Luther King Jr.'s assassination with an event on Friday, according to the Commercial Appeal. This year’s ceremony, which will begin at 5 p.m. CDT, will feature performances, a keynote speech by Dr. Shavon Arline-Bradley, CEO and president of the National Council of Negro Women, and a wreath-laying at the Lorraine Motel balcony. This year's theme, "How Long, Not Long," is taken from King's speech on the steps of the Alabama state capital following completion of the 1965 Selma-to-Montgomery march. The event is free and open to the public. Those who cannot attend in person may watch via a livestream on the museum's website at civilrightsmuseum.org or on its YouTube and Facebook platforms.

Posted by: Stacey Shrader Joslin on Apr 3, 2025
News Type: Legal News

The federal judiciary has released the results of its first-ever employee survey exploring workplace issues, along with a new report containing recommendations for improvements aimed at achieving the judiciary’s goal of fostering an exemplary workplace. According to a press release, survey results show that the overwhelming majority of Judiciary employees are satisfied with their workplaces, 84% are satisfied or very satisfied with their jobs. and 80% said they would recommend their court or office to others. News reports have focused on different numbers, including more than one third who experienced at least one instance of inappropriate behavior in the workplace and roughly 8% who reported harassment or abuse. According to the agency, most respondents who experienced wrongful conduct did not avail themselves of employment dispute resolution procedures. Areas targeted for improvement include reducing barriers to reporting misconduct and increasing confidence in resolution procedures.

Posted by: Stacey Shrader Joslin on Apr 3, 2025
News Type: Legal News

U.S. District Judge Araceli Martínez-Olguín of San Francisco ordered the Trump administration to temporarily restore legal aid to tens of thousands of migrant children who are in the United States without a parent or guardian. According to NPR, the order will run through April 16. The administration on March 21 terminated a contract with the Acacia Center for Justice, which provides legal services for unaccompanied migrant children under 18 through a network of legal aid groups that subcontract with the center. Eleven subcontractor groups sued, arguing that the government has an obligation under the Trafficking Victims Protection Reauthorization Act of 2008 to provide vulnerable children with legal counsel. The groups said some of the clients are too young to speak and others are too traumatized and do not know English.

Posted by: Stacey Shrader Joslin on Apr 3, 2025

A bill headed for both the House and Senate floors could clarify cases in which an abortion could be legal in Tennessee to preserve the life of the mother, the Nashville Post reports. According to bill sponsor Rep. Bryan Terry, R-Murfreesboro, SB1004/HB990 would not add specific exceptions, but would specify some cases in which an abortion could fall under the state ban’s sole exception of “serious risk of substantial and irreversible impairment of major bodily function.” Conditions in the bill include previable/premature rupturing of membranes, inevitable abortion, severe preeclampsia, mirror syndrome associated with fetal hydrops, and infection that could result in uterine rupture or loss of fertility. During a Senate Judiciary Committee meeting last week, co-sponsor Sen. Richard Briggs, R-Knoxville, said, “… this bill is simply about clarifying and elaborating on the existing ‘life and health of the mother’ exception in current law. Under this bill ‘reasonable medical judgment’ still applies.” In October, a three-judge panel ruled in Davidson County Chancery Court that doctors could perform an abortion from a list very similar to the one in the legislation. An alternative measure, which would have created an exception for “fetal fatal anomalies” was rejected by the Senate committee.

Posted by: Stacey Shrader Joslin on Apr 3, 2025

A bill proposing a one percentage point increase to Shelby County’s sales and use tax passed the Senate State and Local Government Committee on April 2, the Daily Memphian reports. The revenue generated from the tax increase would exclusively fund the construction of a new jail in Shelby County. If the bill were to pass this year, the law would not take effect until passed by the Shelby County Board of Commissioners and then by voters through a county-wide referendum. The legislation is designed to address deteriorating conditions within the jail, which have led to a string of deaths and subsequent lawsuits. Since 2019, the Downtown jail, also known as 201 Poplar, has seen 61 inmate deaths and five so far in 2025. The bill, SB337/HB308 is sponsored by Rep. John Gillespie, R-Memphis, in the House and Sen. Raumesh Akbari, D-Memphis, in the Senate.

Posted by: Stacey Shrader Joslin on Apr 3, 2025

A bill to reinstate voting rights for people convicted of certain felonies passed the Senate State and Local Government Committee on April 1, the Daily Memphian reports. SB336, sponsored by Sen. Raumesh Akbari, D-Memphis, would remove the requirements for persons convicted of certain felonies to have fully paid all court costs associated with their crime to be eligible to vote. It also would remove the requirement to be up to date on child support payments to be eligible to apply for a voter-registration card. Akbari said the bill would help alleviate concerns of financial hardship preventing voting-rights restoration for those who have completed all requirements of their sentence. The bill would not apply to “infamous” felony crimes, which are defined by the state. Individuals convicted of “infamous” crimes are forever ineligible for voting-rights reinstatement under current state law. The House version of the bill, sponsored by state Rep. Karen Camper, D-Memphis, was set for an April 1 vote but was postponed.


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