TBA Law Blog


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Posted by: Julia Wilburn on Aug 20, 2024
News Type: Passages

Chattanooga attorney Robert H. Robbins died Aug. 17. Following graduation from the University of Kentucky, Robbins was commissioned as an officer in the U.S. Air Force and served in Vietnam. After active duty, he received his law degree from Cumberland School of Law at Samford University, where he was research editor for the Law Review. He also attended New York University School of Law and received the Masters of Law degree in taxation. Robbins practiced law for several years in Chattanooga before becoming senior vice president and trust officer of the Cleveland Bank and Trust Company and Citizens National Bank. Visitation will be held at Ridgedale Baptist Church, 1831 Hickory Valley Rd., Chattanooga 37421 on Sept. 7 from 11 a.m.-noon EDT with a celebration of life service to follow at noon. A private family service with full military honors will be held at the Chattanooga National Cemetery.

Posted by: Julia Wilburn on Aug 20, 2024
News Type: Passages

Tennessee Court of Criminal Appeals Judge James Curwood Witt Jr. died Aug. 17 at age 75. Witt, a member of the court's Eastern Section, was appointed by then-Gov. Don Sundquist in January 1997. Prior to joining the court, Witt served as counsel to the Monroe County Board of Education from 1989-1997. He was the Monroe County Juvenile Court judge from 1979-1982 and a juvenile court referee in Monroe County from 1974-1979. He also served as an adjunct professor of law at the University of Tennessee College of Law. Witt received his law degree from the University of Tennessee College of Law in 1973. The family will receive friends at First United Methodist Church, 143 College St. N., Madisonville 37354 on Aug. 22 at 4 p.m. EDT. In lieu of flowers, memorial donations may be made to Monroe County Animal Shelter, 130 Kefauver Ln., Madisonville, TN 37354.

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

The Tennessee Bar Foundation has announced the 2025 Tennessee IOLTA (Interest on Lawyers' Trust Accounts) grants application is open. The IOLTA program generates funds that are used to provide grants to Tennessee nonprofit organizations to provide civil legal services to the poor and/or work to improve the administration of justice. The foundation especially encourages applications from organizations that are new to the IOLTA program. For the first time, the foundation's grant process will be online. Organizations may create a unique user account on a grants management portal and draft and submit their applications entirely online. The deadline for submitting this year's grant application is 11:59 p.m. CDT on Sept. 26. Get more information on the foundation's website.

Posted by: Stacey Shrader Joslin on Aug 19, 2024
News Type: Legal News

Attorneys general from 10 additional states have joined the U.S. Department of Justice’s suit against Live Nation, arguing that the concert promoter and Ticketmaster illegally inflated concert ticket prices and hurt artists. The filing also added claims for triple damages on behalf of state residents. About two dozen states, including Tennessee, and a number of other plaintiffs allege that the companies monopolized markets across the live concert industry. In a statement issued today, Tennessee Attorney General Jonathan Skrmetti welcomed the new states to the suit. “I am grateful for our ongoing partnership with the U.S. Department of Justice's Antitrust Division in this great bipartisan effort, coming on the heels of our historic win against Google’s search monopoly,” he said.

Posted by: Stacey Shrader Joslin on Aug 19, 2024
News Type: Upcoming

An investiture ceremony for David H. Veile will be held Aug. 30 at 3 p.m. CDT in the Justice Cornelia A. Clark Courtroom at the Williamson County Historic Courthouse, 305 Public Square, Franklin 37064. Veile will take office as a circuit court judge for the 21st Judicial District, which serves Williamson County. Veile, a Franklin trial attorney and former police officer, won the Republican primary for the seat in March. He ran unopposed in the general election earlier this month. Veile serves on the TBA Board Governors as a middle Tennessee governor. View the invitation.

Posted by: Azya Thornton on Aug 19, 2024
News Type: Legal News

Tennessee courts are lagging behind other government agencies in adopting technology to increase transparency and accessibility, according to a report from the Nashville Banner, while public trust in the courts has declined for years, according to the National Center for State Courts. Despite calls for more open court proceedings, including live streaming and virtual options, implementation varies across the state. The paper found that while higher courts stream oral arguments, lower courts often lack such technology due to resource constraints and privacy concerns. It also found that e-filing is limited to larger counties, and the COVID-19 pandemic highlighted disparities in judges' technological proficiency. The Tennessee Supreme Court created a committee in 2023 to develop a strategic plan for broader technology adoption. However, challenges remain in balancing efficiency with public access. A spokesperson from the Administrative Office of the Courts told the Banner that “deploying scalable technology solutions is a priority.”

Posted by: Azya Thornton on Aug 19, 2024
News Type: Legal News

The Federal Trade Commission’s (FTC) new rules barring non-compete agreements for most workers is facing a third legal challenge. A tax services firm and the U.S. Chamber of Commerce, among others, have sued the FTC in Texas, and a federal judge has temporarily blocked the agency's ban pending outcome of that case. A Florida retirement community has challenged the rule, arguing it would harm its business model. And a Pennsylvania tree service has sued, contending the ban infringes on states’ rights to regulate employment laws. The cases are pending in the three states and could reach the U.S. Supreme Court, Knoxville News Net reports.

Posted by: Azya Thornton on Aug 19, 2024
News Type: Upcoming

The Nashville Bar Association Young Lawyers Division (YLD) will host its annual Carbolic Smoke Ball fundraiser Aug. 23 at Emerson Hall in East Nashville from 7:30-10:30 p.m. CDT. Attendees will enjoy live music from musicians who have performed in bands such as War and Treaty and with other Grammy-winning artists. All proceeds will benefit CASA Nashville and the Nashville Children’s Alliance, two organizations dedicated to supporting vulnerable and abused children in the community. CASA advocates for abused and neglected children in foster care, providing trained volunteer advocates to be their voice. The Nashville Children’s Alliance offers no-cost services to children who have experienced sexual or severe physical abuse, including therapy, court support and crisis services. Learn more and purchase tickets here.

Posted by: Azya Thornton on Aug 19, 2024
News Type: Legal News

A family is suing Bristol police and paramedics after a police body camera video obtained by the Associated Press revealed their son, Austin Hunter Turner, was subjected to excessive force during a medical emergency. The family says the footage contradicts the official determination of a drug overdose death. The lawsuit alleges that officers treated Turner as a suspect rather than a patient, using physical restraint and a Taser despite his seizure, and then covered up the treatment.  A judge will decide whether the lawsuit can proceed in court. According to the Associated Press, the case highlights issues of accountability in cases of police-involved deaths where force, but not a firearm, is used.

Posted by: Azya Thornton on Aug 19, 2024
News Type: Legal News

Six criminal court judges in Nashville recently held a hearing to examine the circumstances surrounding Bricen Rivers' release on bond. Rivers is accused of killing his girlfriend, Lauren Johansen, in Mississippi. A clerical error prevented the full implementation of Rivers' bond conditions, which included restrictions on traveling outside of Davidson County. According to The Tennessean, a bondsman testified that Nashville magistrates often do not accept the surrender of defendants who violate bond conditions. A representative from Brooke's Bail Bonding explained that this was why the company did not return Rivers to court after he violated his court order by leaving the county. The judges are considering potential changes to bond procedures to prevent similar incidents in the future, the paper reports.


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