TBA Law Blog


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Posted by: Stacey Shrader Joslin on Nov 7, 2024
News Type: Legal News

Though Memphis residents voted overwhelmingly in favor of gun reform on Tuesday, the measures will not go into effect unless state law is changed. The Commercial Appeal reports that the measures were written as “trigger laws,” which will only take effect if state legislators change the law or carve out an exception for Memphis. According to the Daily Memphian, Memphis City Council Chairman JB Smiley Jr. says the council should approve the measures and have an ordinance on the books should state law change.

Posted by: Stacey Shrader Joslin on Nov 7, 2024

The first bill filed ahead of Tennessee's 2025 legislative session is a revival of Gov. Bill Lee's plan for a statewide expansion of school vouchers, Axios reports. House Majority Leader William Lamberth, R-Portland, and Senate Majority Leader Jack Johnson, R-Franklin, introduced HB1/SB1 respectively yesterday. This year’s version of the bill also includes teacher bonuses and a funding guarantee for public schools, according to the Nashville Banner. "This bill empowers parents — not the government — to make decisions about the unique needs and diverse interests of their children," Lamberth said in a statement. On the other side, state Sen. London Lamar, D-Memphis, said the plan would divert "public dollars away from underfunded public schools."

Posted by: Stacey Shrader Joslin on Nov 7, 2024
News Type: TBA CLE

The TBA's 2024 Environmental Law Forum will take place Nov. 15 at the Nashville office of Butler Snow. This staple for Tennessee environmental lawyers features government, in-house and private practice attorneys discussing timely topics affecting the practice area. Sessions at this year’s event include endangered species litigation, underground storage tanks, drinking water, Chevron, ethics and more. Do not miss this opportunity to earn CLE while networking with colleagues from across the state. Environmental Law Section members receive discount pricing. Not a member of the section? Join here.

Posted by: Liz Slagle Todaro on Nov 6, 2024

All 99 seats in the Tennessee House of Representatives were decided, including in 31 districts with unopposed candidates, yesterday. The state legislature will remain a Republican supermajority, with that party maintaining its 75-24 seat advantage. The Secretary of State has the unofficial results. Among the state House races that were especially close was District 97, where incumbent Rep. John Gillespie, R-Memphis, defeated former Shelby County Democratic Party Chair Jesse Huseth by just over 1,000 votes, and District 18, with Rep. Elaine Davis, R-Knoxville, retaining her seat over Democratic opponent Bryan Goldberg with a margin of 2,600 votes, WBIR reports.. In District 67, Rep. Ronnie Glynn, D-Clarksville, won re-election by 131 votes, narrowly defeating Republican challenger Jamie Dean Pelz, and in District 74, incumbent Rep. Jeff Burkhart, R-Clarksville, secured a victory over Democratic candidate Allie Phillips by just under 2,000 votes. Clarksville Now has more on both races. The Democratic party was able to retain two seats, as Shaundelle Brooks defeated Republican Chad Bobo in the race to replace retiring Nashville Democrat Darren Jernigan in District 60, and Nashville Rep. Bo Mitchell kept his District 50 seat in the race against Metro Councilmember Jennifer Frensley Webb, Tennessee Lookout reports.

Posted by: Azya Thornton on Nov 6, 2024
News Type: Passages

Vicki Shoulders, a longtime employee of the Nashville Bar Association (NBA), died Oct. 31. Shoulders, who worked at the NBA for 24 years, was known for her welcoming demeanor and dedication to the organization. TBA President Ed Lanquist Jr. had the privilege of working with Shoulders during his time as president of the NBA. "To many, she was the face of the Nashville Bar Association in her customer services role. She cared deeply for the organization and the membership and she will be missed by all," he said. Service information is pending.

Posted by: Stacey Shrader Joslin on Nov 6, 2024
News Type: Legal News

Tennessee Attorney General Jonathan Skrmetti recently announced settlements with corporate defendants Heritage Pharmaceuticals and Apotex — contingent upon obtaining signatures from all necessary states and territories — to resolve allegations that both companies engaged in widespread, long-running conspiracies to artificially inflate and manipulate prices, reduce competition and unreasonably restrain trade with regard to numerous generic prescription drugs. The deals total $49.1 million. As part of the settlement, both companies agree to cooperate in the ongoing multistate litigations against 30 corporate defendants and adopt a series of internal reforms to ensure fair competition and compliance with antitrust laws.

Posted by: Azya Thornton on Nov 6, 2024

Following yesterday's election, the Tennessee state Senate will gain three new Republican members when it convenes in January. The Tennessean reports that Tom Hatcher will fill the open District 2 seat, previously held by retiring Sen. Art Swann, R-Maryville. In District 4, newcomer Bobby Harshbarger defeated independent Dalia Price. He had previously defeated incumbent Sen. Jon Lundberg in the August Republican primary. In District 8, Jessie Seal — who ousted Sen. Frank Niceley in the Republican primary with support from a pro-voucher political action committee — won that seat. The Tennessean looks at the even-numbered Senate seats that were up for grabs in this year's election.

Posted by: Azya Thornton on Nov 6, 2024
News Type: Legal News

The Utah Supreme Court on Monday released a plan to allow graduates of American Bar Association-accredited law schools to practice in the state after completing 240 hours of practice under the supervision of an experienced attorney, along with other requirements including specific coursework and a written exam similar to the Multistate Performance Test. Law graduates seeking licensure in Utah could still opt to sit for the bar exam, Reuters reports. The court is gathering public comment on the proposal through Dec. 19 and will make the final decision on its adoption. Utah is following the lead of Oregon, Washington and Arizona in developing alternative pathways for attorney licensure.  

Posted by: Azya Thornton on Nov 6, 2024
News Type: Legal News

The American Bar Association (ABA) is revising its diversity, equity and inclusion standards for law schools, according to an ABA memo from the Council of the Section of Legal Education and Admissions to the Bar. Bloomberg Law reports that the Standards Committee has reviewed public comments and comments filed in opposition by a coalition of law school deans and law organizations to proposed changes to its previous revision proposal. The committee is recommending further revisions to make it clear that the council is not abandoning the value of diversity and inclusion. The revised standards now call for schools to demonstrate action and commitment and access to the study of law specifically addressing race, ethnicity, gender, sexual orientation, disability and other factors. If the accrediting body approves this second version of new standards, it will gather another round of public comments.

Posted by: Stacey Shrader Joslin on Nov 6, 2024

Incumbent U.S. Sen. Marsha Blackburn, R-Brentwood, defeated state Rep. Gloria Johnson, D-Knoxville, yesterday to retain her U.S. Senate seat. Johnson, who also ran for reelection to her state House seat, was unopposed and won that race. Blackburn has been floated as a possible cabinet pick in the second Trump administration but she told NewsChannel 5 that she intends to stay in the Senate. In other races, all of Tennessee’s U.S. House members were reelected, including 1st District Rep. Diana Harshbarger, 2nd District Rep. Tim Burchett, 3rd District Rep. Chuck Fleischmann, 4th District Rep. Scott DesJarlai, 5th District Rep. Andy Ogles, 6th District Rep. John Rose, 7th District Rep. Mark Green, 8th District Rep. David Kustoff and 9th District Rep. Steve Cohen, the delegation’s lone Democrat. The Tennessean looks at all these races.


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