TBA Law Blog


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Posted by: Laura Labenberg on Dec 3, 2024
News Type: Legal News

The TBA Young Lawyers Division (YLD) and its Mock Trial Committee have released case materials for the 2025 Tennessee State High School Mock Trial Competition. In the new case, Lee Jasper v Reece Witherfork, students will present their best arguments in a civil scenario centered around a rodeo. District competitions will be held in February. Teams advancing to the state competition will meet in Nashville March 21-22 to determine the Tennessee champion. This year's competition will feature the organization's first Artist in the Courtroom Competition. Tennessee's mock trial championship team and first place artist will have the opportunity to represent the state at the National High School Mock Trial Competition in Phoenix, Arizona, May 7-10. The Mock Trial Committee is led by Chair Ashley Tipton, Vice Chair Michael Holmes and Long Range Planning Coordinator Zack Walden. Access resources for the upcoming competition.

Posted by: Stacey Shrader Joslin on Dec 2, 2024
News Type: TBA CLE, Year End CLE

It's time for TBA's Year End CLE event! This annual tradition brings you quick and easy content, right from the comfort of your own home or office, whether you need one hour of CLE or 15. There is a quality mix of packages based on hours needed or topic, live webcasts and on-demand video — all offered virtually. And our excellent customer support at cle@tnbar.org will get you over the finish line for your 2024 CLE requirements. Select packages by hour (six, eight, 10, 12 or 15) or by topic, or build your own any time by visiting cle.tba.org to access over 200 on-demand programs. Topical packages include the Ultimate Ethics Package, Law Practice Management Package, Mediation Package, Attorney Wellness Package and Experience TBA Convention Package. Packages also are available based on practice area. Check out all the options here!

Posted by: Azya Thornton on Dec 2, 2024
News Type: U.S. Supreme Court

The U.S. Supreme Court today heard a case over the FDA’s refusal to allow two e-cigarette companies to sell flavored vape products citing health risks to youths. According to Reuters, the FDA appealed a lower court's ruling that the agency did not follow proper legal procedures when it denied applications to sell nicotine-containing products. The companies challenged the FDA's denial, claiming that the agency assessed their applications under a regulatory standard that differed from published guidance the companies relied on. The case stems from a lower court ruling that found the FDA's rejection of the applications violated legal procedures under the Administrative Procedure Act. A ruling is expected by the end of June.

Posted by: Azya Thornton on Dec 2, 2024
News Type: Legal News

Several Middle Tennessee law enforcement agencies, including the Metro Nashville Police Department, Franklin Police Department and Mt. Juliet Police Department, have launched anti-retail theft operations ahead of the holiday season. All agencies have warned that individuals caught stealing from stores or breaking into cars will be arrested and prosecuted. According to WKRN News, shoplifting cases have risen by 20% this year in Mt. Juliet. As part of "Operation Safe Shopper," the Mt. Juliet Police Department plans to deploy mobile surveillance towers, increase patrols and assign more undercover officers. The Metro Nashville Police Department will work closely with mall security, with 10 to 12 detectives dedicated to the organized retail crime unit.

Posted by: Azya Thornton on Dec 2, 2024
News Type: Legal News

A Memphis judge ruled last week that Emmitt Martin III, one of the five former Memphis Police Department officers charged in the death of Tyre Nichols, will be tried separately from co-defendants. According to the Daily Memphian, the lawyers for Tadarrius Bean, Justin Smith and Demetrius Haley — Martin’s co-defendants — argued before Shelby County Criminal Court that Martin should be split from the three in state court because of his cooperation with prosecutors in the federal case. Martin pleaded guilty to federal charges in August and implicated his co-defendants in Nichols’ death at the federal trial in September. According to the paper, the officers will return to court in February at which time the state will indicate whether Martin intends to enter a plea deal or go to trial.

Posted by: Azya Thornton on Dec 2, 2024
News Type: Legal News

The 3rd Judicial District Recovery Court was awarded a federal grant from the U.S. Substance Abuse and Mental Health Services Administration (SAMHSA) for just under $2 million, the Administrative Office of the Courts announced in a press release. According to Circuit Court Judge Beth Bonifaceto, the grant will be distributed over five years to serve all four counties in the district and will allow the court to expand case management, behavioral health and individual counseling services to participants in Greene, Hamblen, Hancock and Hawkins counties. The recovery court currently runs three sober living homes in Hamblen County.

Posted by: Azya Thornton on Dec 2, 2024

Lawmakers are pushing for a state law that would guarantee in-vitro fertilization reproductive rights, according to the Tennessee Lookout. The news outlet reports that a measure sponsored by Sen. Raumesh Akbari, D-Memphis, and Rep. Harold Love, D-Nashville, would clarify that the state's ban on abortions does not impact the use of contraceptive devices, medication to prevent pregnancy or the disposal of embryos from fertility treatments. A spokesperson for Lt. Gov. Randy McNally said McNally does not see anything in current law that interferes with access to contraception or fertility treatments. Gov. Bill Lee also spoke this week in support of maintaining IVF, though he said he was unaware of specific details in the proposed legislation.

Posted by: Azya Thornton on Dec 2, 2024
News Type: Passages

Charles Rogers Martin of Kingsport died last week at the age of 84. Martin received his law degree from University of Oklahoma with a focus in intellectual property law and worked as a patent attorney for Eastman Chemical Company for 30 years. Martin served as president of Kingsport Bar Association and was also a member of the Oklahoma, Tennessee and Kingsport Bar associations. A memorial service celebrating his life will take place Dec. 3 at 6 p.m. EST at Carter Trent Funeral Home, 520 Watauga St., Kingsport 37660.

Posted by: Azya Thornton on Dec 2, 2024
News Type: Legal News

The Nashville mayor’s office and the Metro Nashville Police Department (MNPD) are making a push to secure the city council’s support for Fusus, a surveillance footage centralization system that would allow police to access private surveillance cameras to aid in investigations. According to the Nashville Banner, at the council’s most recent meeting, two dozen residents spoke about the contract, many in opposition to the idea. An amendment to address concerns includes provisions to terminate the contract if federal or state law enforcement misuses the system, prohibit facial recognition or AI, and ensure that the company cannot change its terms unilaterally. If approved, MNPD could use Fusus to access private surveillance footage from camera owners who volunteer for the program. Police could review the footage in prescribed scenarios, including in response to higher-level calls for service. The council will reconsider the issue Tuesday night.

Posted by: Azya Thornton on Dec 2, 2024
News Type: TBA CLE

The TBA will host a “Post-Election Tax and Economic Forecasting” CLE webcast on Dec. 5. The session, running from noon to 1 p.m. CST, will explore the potential impacts of the recent federal election on federal taxes and the economy. Topics will include the future of individual and corporate tax rates, itemized deductions, the Qualified Business Income deduction, and estate and gift tax exemptions, as well as the economics of tariffs, trade protections, debt, deficit and inflation. For more information and to register, visit TBA’s website.


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