TBA Law Blog


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Posted by: Azya Thornton on Aug 19, 2024
News Type: U.S. Supreme Court

The U.S. Supreme Court has blocked the Biden administration’s request to allow temporary enforcement of most of an April 2024 rule that implements Title IX of the Education Amendments of 1972, which addresses sex discrimination in federally funded education programs. Tennessee and five other states challenged Title IX provisions, arguing that the rules were unlawful. The group previously persuaded two lower courts to stop the rule from taking effect in the state, which the Supreme Court upheld in a 5-4 ruling, SCOTUS Blog reports. Attorney General Jonathan Skrmetti states in a press release that, “This is a win for student privacy, free speech, and the rule of law.” The challenge to the rule is ongoing, with additional litigation in other states and oral arguments in one case set for October at the high court.

Posted by: Azya Thornton on Aug 19, 2024

Oak Ridge Rep. John Ragan has officially challenged his loss to Rick Scarbrough, alleging that more than 1,000 Anderson County voters were illegitimate Republicans who crossed over to cast a ballot in a race he lost by 258 votes, The Tennesean reports. Ragan argues that state law makes it illegal to vote in a political party's primary without being a "bona fide" member of or affiliated with the political party. He says his challenge is based on the Republican Party's bylaws, which have created bona fide definitions for candidates. Scarbrough sent a letter to his future House colleagues asking lawmakers to encourage members of the state Republican Executive Committee not to allow the contest to go forward, saying he is confident in the election results.

Posted by: Laura Labenberg on Aug 19, 2024

The TBA Young Lawyers Division (YLD) is holding an Essential Documents for Essential Workers (EDEW) Clinic on Sept. 20 from 12-4 p.m. EDT at the Sevierville First United Methodist Church gym, 214 Cedar St. in Sevierville. This clinic is free to all first responders and their spouses. To volunteer contact YLD board member Amanda Howard.

Posted by: Stacey Shrader Joslin on Aug 16, 2024
News Type: BPR Actions

The Tennessee Supreme Court has directed Florida lawyer Grace Ingrid Gardiner to respond within 30 days why discipline imposed by the Supreme Court of Minnesota should not also be imposed in Tennessee. On June 20, the Minnesota court imposed an indefinite suspension on Gardiner.

Posted by: Stacey Shrader Joslin on Aug 16, 2024
News Type: BPR Actions

Kentucky lawyer Joy Jaye Minner was reinstated to the practice of law in Tennessee on Aug. 14. She had been on inactive status for more than five years, since May 21, 2010. The Board of Professional Responsibility reported that the petition for reinstatement was satisfactory and the court approved the petition.

Posted by: Stacey Shrader Joslin on Aug 16, 2024
News Type: BPR Actions

Georgia lawyer Timothy Minthorn Klob was reinstated to the practice of law in Tennessee on Aug. 14. He had been on inactive status for more than five years, since Sept. 12, 2012. The Board of Professional Responsibility reported that the petition for reinstatement was satisfactory and the court approved the petition.

Posted by: Stacey Shrader Joslin on Aug 16, 2024
News Type: BPR Actions

The Tennessee Supreme Court yesterday rejected the Board of Professional Responsibility’s recommended discipline for White County lawyer John Edward Hutson. The court stated that based on its review of the entire record, it had concerns that the proposed sanction was too lenient. “One of the mitigating circumstances listed in the protocol memorandum — absence of a dishonest or selfish motive — clearly does not apply to the facts that are admitted by the plea,” the court wrote in its order. Hutson agreed to a conditional guilty plea on April 18. The court rejected that plea and referred the matter back to the board for “further proceedings consistent with” the order.

Posted by: Azya Thornton on Aug 16, 2024
News Type: TBA CLE, Upcoming

Start taking steps today to secure your law firm and your client’s confidential data! Join colleagues and Paul Unger with Affinity Consulting on Aug. 22 from noon to 1 p.m. CDT to learn more about how to protect your practice. The session, the second in TBA's Summer Success Series, will cover ransomware attacks, phishing schemes, cloud computing, mobile device management, full disk encryption, secure document management, shadow-IT, two- factor authentication, password management, VPNs, anti-virus, backup, user education and more. Learn more or register here.

Posted by: Azya Thornton on Aug 16, 2024
News Type: Legal News

Missouri woman Lisa Findley has been arrested for an alleged scheme to defraud Elvis Presley's family out of millions of dollars and the ownership of Graceland through a foreclosure sale, the Daily Memphian reports. The ongoing investigation was turned over to federal law enforcement after the state Attorney General's office determined the matter was best suited for federal review. According to a press release from the U.S Attorney General's Office, Findley used multiple aliases, fabricated documents claiming Elvis Presley's daughter had pledged Graceland as collateral for a loan and “used a brazen scheme to try to defraud the Presley family of their interest in this singularly important landmark.”

Posted by: Azya Thornton on Aug 16, 2024
News Type: Legal News

Attorney General Jonathan Skrmetti has joined a coalition of states challenging a federal court ruling that protects the rights of individuals to compete in sports that align with their gender. The coalition, led by the Alabama attorney general, filed an amicus brief with the U.S 9th Circuit Court of Appeals after that court ruled Idaho’s Fairness in Women’s Sports Act likely violates the Equal Protection Clause of the 14th Amendment, Tennessee Lookout reports. The coalition argues that biological differences between males and females necessitate separate sports teams. In 2021, Tennessee enacted a similar law, which has been challenged by the ACLU and Lambda Legal. In related news, late today the U.S. Supreme Court denied the Biden administration's request to reinstate portions of a federal rule that would extend Title IX protections to sexual orientation and gender identity. The Hill has more on the decision.


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