TBA Law Blog


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Posted by: Julia Wilburn on Nov 19, 2024
News Type: Legal News

The Tennessee Department of Correction (DOC) is proposing a $6.8 million increase to CoreCivic’s contract next year, raising the total payout to $244.5 million despite the company’s history of failing to meet contractual obligations and an ongoing federal civil rights investigation. Tennessee Lookout reports that CoreCivic, which runs four Tennessee prisons, has paid over $29.5 million in penalties since 2022 for issues like staffing shortages, with turnover rates reaching 146% last year. Trousdale Turner Correctional Center, a CoreCivic facility under federal scrutiny, has faced significant safety risks, including contraband smuggling and a 188% guard turnover rate.

Posted by: Julia Wilburn on Nov 19, 2024
News Type: Legal News

Last week, U.S. District Judge Sean Jordan in Texas blocked a new rule from the Biden administration that would have expanded access to overtime pay to millions more salaried workers across the U.S. The Associated Press reports that the judge agreed with the state of Texas and a group of business organizations that the Department of Labor (DOL) exceeded its authority when it finalized the new rule earlier this year, ruling that the department could not prioritize employee wages over job duties when determining eligibility. The rule would have increased the threshold at which employers are required to pay overtime to salaried workers from $43,888 a year to $58,656 a year, marking the biggest increase in decades. Jordan had temporarily blocked the rule in June.

Posted by: Julia Wilburn on Nov 19, 2024
News Type: Legal News

The TBA received the Excellence in Continuing Education Programming Award for the Young Lawyers Division's (YLD) "Rookie's Guide Series" from the Tennessee Society of Association Executives (TNSAE) at the group's annual meeting on Nov. 13. The curated series fills a unique need in the legal community, offering a “crash course” for young lawyers to learn the basics of a range of practice areas. Members of the TBA YLD suggested the series concept based on their own experiences in the first few years following law school. For many lawyers, the law school experience focuses on overarching legal concepts, but does not provide practical insights into the range of legal issues lawyers are asked to handle, leaving a gap following graduation. The series fills that gap by providing an honest look at the practice areas covered, including basic issues a lawyer should expect to encounter as well as the ethical and other pitfalls to avoid when handling cases in this area. TNSAE President Edithann Buckles Wadewitz presented the award to TBA's Executive Assistant Karen Belcher, who was at the award ceremony representing the association.

Posted by: Julia Wilburn on Nov 19, 2024
News Type: Legal News

Four people have been arrested and charged in a drug smuggling scheme at the Shelby County Jail. Two corrections deputies, an inmate and the inmate's girlfriend were charged with bribery of a public servant, possession of contraband in a penal facility and possessing marijuana with the intent to distribute. The deputies were further charged with official misconduct. The Daily Memphian reports that Sheriff Floyd Bonner estimated that during the scheme, those involved made “thousands of dollars.” He also noted that smuggling occurs at prisons and jails around the country, requiring continual vigilance on the part of law enforcement.

Posted by: Julia Wilburn on Nov 19, 2024
News Type: Legal News

The company Walton Tennessee and three of its investors have filed a lawsuit challenging a new state law set to go into effect Jan. 1, 2025, that will prohibit people living in China, Iran, North Korea and other countries subject to the International Traffic in Arms Regulations from owning land in Tennessee. The Tennessean reports that the law states that foreign owners have to divest their property by the start of the year or face criminal prosecution and civil penalties, including eventually losing their land without compensation. The plaintiffs are a U.S. citizen living in Shanghai, an Italian citizen living in Hong Kong and a U.S. citizen in South Carolina who say that they, along with other investors living in the U.S., will lose more than $100 million if the state takes their properties.

Posted by: Julia Wilburn on Nov 19, 2024
News Type: Legal News

Four Tennessee attorneys were inducted as fellows in the American College of Trial Lawyers (ACTL) at the group's annual meeting in Nashville in September. Charles Malone, a partner in K&L Gates' Nashville office; Donna Mikel, founding partner of Mikel & Hamill in Chattanooga; Christopher Poole, of counsel to Chambliss, Bahner & Stophel in Chattanooga; and Christopher Vescovo, managing partner of Lewis Thomason's Memphis office, were among the 88 inductees from the U.S., Canada and Puerto Rico. Fellowship in the ACTL, which was founded in 1950, is extended by invitation only to experienced trial lawyers of diverse backgrounds, who have mastered the art of advocacy and whose professional careers have been marked by the highest standards of ethical conduct, professionalism, civility and collegiality. Lawyers must have a minimum of 15 years trial experience before being eligible. Membership also is limited to no more than one percent of the total lawyer population of any state or province.

Posted by: Julia Wilburn on Nov 19, 2024
News Type: TBA CLE

The Tennessee Bar Association will hold its first-ever Conference on Artificial Intelligence & the Law (TCAIL) in Nashville on Dec. 6. Today, TBA is announcing a special registration rate for the month of November and the final speaker line up. The day will begin with an introductory session presented by TBA AI Task Force Chair A.J. Bahou, followed by sessions on AI and the substantive practice of law, including how AI impacts legal research, document generation, e-discovery and more. Next up will be a dynamic judicial panel moderated by Tennessee Supreme Court Justice Sarah Campbell where judges and former judges like Penny White, Jimmy Turner and Tom Greenholtz will share insights into how AI can affect evidence evaluation. Afternoon sessions will address the ethical implications of AI in legal practice, led by Brian Faughnan, and close with an exploration of AI in digital evidence and investigations. Given the importance of learning more about this rapidly changing technological advancement and to make this innovative program accessible to all lawyers, the registration price has been reduced for the month of November to $150 for TBA members and just $100 for Law Tech and General Solo & Small Firm Section members. Non-members can attend for $350, which includes TBA membership! Don't miss out on this opportunity! Register today.

Posted by: Azya Thornton on Nov 18, 2024
News Type: Passages

Michelle Mitchell Benjamin, attorney and community advocate, died Nov. 11 at age 75. Benjamin earned her law degree at North Carolina Central University and her legal career began as a staff attorney with the Legal Services Corporation (LSC) in Tullahoma. Benjamin later established a private practice in Winchester. Benjamin was a board member of the Tennessee Trial Lawyers Association, a role she held for many years, and also served as a trustee for Lawyers Involved for Tennessee, on the Tennessee Board of Professional Responsibility for two terms, and on the Judicial Selection Commission for 15 years. Her funeral service will be held Nov. 23 starting at 10 a.m. CST at All Saints’ Chapel, 735 University Ave., Sewanee 37383 with interment following at University Cemetery.

Posted by: Stacey Shrader Joslin on Nov 18, 2024
News Type: BPR Actions

The Tennessee Supreme Court is weighing whether the punishment for Memphis attorney Aaron Anthony Neglia should be increased from a 10-year suspension to permanent disbarment. The Board of Professional Responsibility had proposed to suspend Neglia for 10 years with the requirement that he retain a practice monitor for one year. The court indicated it wanted more information on the case before making a final decision. The board now must file the record of the disciplinary hearing within 30 days, after which Neglia will have 20 days to submit his brief. The matter will then be submitted to the court on briefs without oral argument. Tennessee Supreme Court Rule 9, section 15.4(b) and (c) give the court authority to increase or decrease punishments subject to a set procedure and timelines.

Posted by: Azya Thornton on Nov 18, 2024
News Type: Legal News

The Governor’s Council for Judicial Appointments met in Jackson to interview and select nominees for a vacancy on the Tennessee Court of Appeals, Western Section. After holding a public hearing and conducting public interviews, the council selected three nominees to forward to Gov. Bill Lee for his consideration. They are: Steven W. Maroney, James R. Newsom III and Valerie L. Smith. Read more about the three from the Administrative Office of the Court.


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