TBA Law Blog


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Posted by: Stacey Shrader Joslin on Oct 10, 2024
News Type: Legal News

Florida-based employment law attorney Gary Martoccio has opened a Martoccio Law Group office in Nashville. Located downtown at 414 Union St., Ste. 1900, 37219, the office is home to two attorneys and three staff members, with plans to grow in the future, Martoccio tells the Nashville Post. For the past 12 years, Martoccio has represented employees in disputes against their employers in state and federal courts, as well as before the Equal Employment Opportunity Commission and equivalent state agencies. He focuses on wrongful termination, Family and Medical Leave Act violations, discrimination and sexual harassment. The firm also has offices in Arizona, Georgia, Illinois, Massachusetts, North Carolina, Pennsylvania and Texas.

Posted by: Stacey Shrader Joslin on Oct 10, 2024

Tennessee Corrections Commissioner Frank Strada told a legislative panel this week that the state expects to unveil a new process for executing inmates by the end of the year. "We should have our protocols in place by the end of this calendar year or at the first week or two of January," Strada said. "We've been working with the attorney general's office on writing those protocols to make sure that they're sound." He did not reveal any details about the new process, only that effort had taken a long time because of the many lawyers working on the issue to ensure it was "within the law," the Associated Press reports. The state stopped executions in May 2022 following concerns about the proper testing of lethal injection drugs. A report issued later that month found that the state had not followed its own lethal injections policies in the four years that executions had been reinstated.

Posted by: Stacey Shrader Joslin on Oct 10, 2024
News Type: TBA CLE

The TBA’s 2024 Environmental Forum will take place in person on Nov. 15 in Nashville. This year’s program will address topics such as endangered species litigation, underground storage tanks, drinking water, the Chevron decision, brownfields, ethics and more. Breakfast and lunch will be included. The program will feature Stephanie Durman and Ellery Richardson with the Tennessee Department of Environment and Conservation’s Office of General Counsel; Jaz Boon, Bridgestone Americas; and Emily Vann with the Tennessee Attorney General's Office.

Posted by: Stacey Shrader Joslin on Oct 9, 2024

The Tennessee Supreme Court today held that a party could not recover attorney’s fees for fighting a SLAPP lawsuit when the person bringing the suit dropped the case. In the matter before the court, Robert E. Lee Flade sued several defendants based for what he considered to be disparaging remarks on social media. In response, two defendants filed petitions under the Tennessee Public Participation Act (TPPA), arguing that that the suit was brought primarily to chill speech rather than to prevail on the merits. Before the petitions were heard by the trial court, Flade voluntarily dismissed his suit. The defendants sought payment of their attorney’s fees, as allowed under TPPA, but the court found that the dismissal precluded consideration of the fee request. Read more in a release from the court.

Posted by: Azya Thornton on Oct 9, 2024
News Type: Legal News

Tennessee Attorney General Jonathan Skrmetti announced a $52 million multistate settlement with Marriott International to resolve a data breach of one of its guest reservation databases that affected 131.5 million guest records. The breach exposed personal information such as contact details, birthdates, passport numbers, and payment card information. Under the settlement, Marriott agreed to strengthen its data security practices, provide consumer protections and pay $52 million to states. Tennessee will receive $919,043.00 from the settlement, according to a press release.

Posted by: Azya Thornton on Oct 9, 2024
News Type: Legal News

The list of those applicants who achieved a passing score on the July 2024 Uniform Bar Examination in Tennessee will be released Friday by the Tennessee Board of Law Examiners. Results will be posted by the board by 2 p.m. CDT and will be available on the TBA.org website as soon as they are released. The board also recently announced that applications for the February 2025 exam, originally scheduled to open on Oct. 1, will open later in October due to updates.

Posted by: Stacey Shrader Joslin on Oct 9, 2024
News Type: BPR Actions

Shelby County lawyer Larry A. Weissman has received a public censure from the Tennessee Supreme Court. The court found that Weissman was not diligent in checking a client’s case status, which led to him not discovering that the case, which had previously been dismissed, was never reopened. This led to a delay in moving the case forward. Weissman also did not consult with the client about how her case was being handled and did not abide by her decision to set the case for trial. Later in the case, he stopped communicating with the client, stopped doing any work on her case and disregarded the client’s requests that he withdraw. His actions were determined Rules of Professional Conduct 1.2(a), 1.3, 1.4(a), 1.16(a) and 3.2.

Posted by: Stacey Shrader Joslin on Oct 9, 2024
News Type: BPR Actions

Knox County lawyer Kristen Crye Stevenson has received a public censure from the Tennessee Supreme Court. The court found that Stevenson “knowingly and repeatedly” failed to notify her client that the court overseeing the client’s workers’ compensation case had ordered the employer to approve medical treatment while the case was pending. Stevenson also repeatedly failed to appear at court-ordered conferences and hearings and failed to submit required filings. These actions led to her client being assessed sanctions, fines and attorneys’ fees in excess of $16,000. Her actions were determined to violate Rules of Professional Conduct 1.2, 1.3, 1.4(a), 3.2 and 3.4(c).

Posted by: Azya Thornton on Oct 9, 2024
News Type: Disaster Response

Gov. Bill Lee has announced tax relief measures for residents and businesses in eight counties impacted by Hurricane Helene. Residents in Carter, Cocke, Greene, Hamblen, Hawkins, Johnson, Unicoi and Washington counties can receive a sales tax refund of up to $2,500 on essential purchases for repairs, while all taxpayers in those areas will have extended deadlines to file and pay certain taxes until May 1, 2025. Additionally, the department will extend the franchise tax Schedule G refund filing deadline for businesses located in the counties to May 1. The department also will approve, on a case-by-case basis, tax extension requests from affected taxpayers for other taxes. Get details in a press release.

Posted by: Azya Thornton on Oct 9, 2024
News Type: Legal News

A U.S. district judge last week temporarily overturned a decision by a Tennessee official to place a woman on the sex offender registry for life, despite never being accused of a crime involving sexual misconduct. The Tennessean reports, this has for nearly a decade, kept the woman, who is referred to as Jane Doe in court records, from living with her family or attending her son’s school events. While the order is preliminary, it will be in place while the case proceeds. Tennessee classifies those convicted of kidnapping as sex offenders, even if there was no sexual component to the crime. Jane Doe was convicted of kidnapping in 2011 but claims she was forced to participate. The judge acknowledged the possibility that she might have been a victim, a perpetrator, or both, the paper reports.


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