TBA Law Blog


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Posted by: Julia Wilburn on May 17, 2024
News Type: Legal News

Rep. Caleb Hemmer, D-Nashville, on Thursday filed an ethics complaint against Tennessee Education Commissioner Lizzette Reynolds, alleging that she accepted travel reimbursements paid for by ExcelinEd, a national advocacy group that also lobbies to expand education choice policies. The group employed a lobbyist in Tennessee who lobbied for Gov. Bill Lee's school choice proposal. The Tennessean reports that state law prohibits members of the executive branch, lawmakers and political candidates and their immediate families from soliciting or accepting gifts — directly or indirectly. In April, Reynolds was called out by lawmakers on both sides after she signed forms misrepresenting her tenure with the state to receive a tuition waiver. Hemmer in February asked Attorney General Jonathan Skrmetti to determine whether Reynolds met the qualifications to hold the position of commissioner. Skrmetti reponded in April saying Lee has “unchecked authority” under Tennessee law to pick whoever he wants to run the Education Department.

Posted by: Jamie Rhode on May 17, 2024
News Type: TBA CLE

The Immigration Law Section will present its annual forum on May 31 in Nashville at Casa Azafran. This is one CLE you won't want to miss — the agenda is packed with speakers from government agencies, businesses and universities. Sessions include updates from U.S. Citizenship & Immigration Services (USCIS) Nashville, U.S. Immigration & Customs Enforcement’s (ICE) Enforcement & Removal Operations, ICE Office of the Principal Legal Advisor (OPLA), and the USCIS Asylum Office, as well as information on the EB-5 Immigrant Investor Program and F-1 and J-1 programs. Please note that the morning sessions are unable to be recorded for distribution as on-demand videos due to government agency policy, so join your colleagues in-person to reap the full benefits of this program!

Posted by: Laura Labenberg on May 17, 2024

The TBA Young Lawyers Division met last week at the TBA's 2024 Annual Convention in Memphis. On Friday, the group held its Annual Meeting during which Franklin attorney Sean Aiello took office as president. Others taking office were President-elect Alex McVeagh, Hamilton County General Sessions judge; Vice President Jen Sneed of Memphis; Secretary Ross Smith of Nashville and Treasurer Darius Walker Jr. of Nashville. The 2024-2025 YLD Board met on Saturday for committee planning sessions and its first board meeting.

On Friday evening, both the 2023-2024 and 2024-2025 boards met for the YLD annual dinner and gavel pass tradition at the Balinese Ballroom. They were joined by the DLI Class of 2024 for their graduation and the YLD Fellows for the induction of new fellows.

During the evening, outgoing president Quinton Thompson presented a number of awards. The President's Award was given to Knoxville attorney Samantha Ellis for her continued work on developing YLD CLE programs and to Nashville attorney Alix Rogers for her contributions as middle Tennessee governor and public services liaison. Distinguished Service Awards were given to Anthony Adewumi, Nicole Grida, Billy Leslie, Patrick Morris and Judge Zack Walden. The Public Service Award was presented to Ariel Anthony, Kevin Christopher and Erin Shackelford for their contributions to Diversity Law Week. The CASA Volunteer of the Year was presented to Kandiss Brown. Finally, six were recognized with Star of the Quarter Awards: Charles Ferguson for service as District 11 representative, Matt Knable for service on the Essential Documents for Essential Workers program, John Murphy for service as grants and sponsorship chair, Savannah Oliver for service as chair of public service, Ashley Tipton for service as mock trial chair, and Darius Walker Jr. for service as treasurer.

After the presentation of awards, The TBALL Class of 2024 joined with the group to continue the festivities. See photos from the events.

Posted by: Laura Labenberg on May 17, 2024

The TBA Young Lawyers Division Fellows met for their annual meeting Friday night as part of the TBA's 2024 Annual Convention. The group elected Jackson lawyer Michelle Greenway Sellers as president, Memphis lawyer Mason Wilson as vice president, Chattanooga lawyer David McDowell as secretary and Memphis lawyer Nicole Grida as treasurer. Outgoing president U.S. Bankruptcy Judge Rachel Ralston Mancl inducted four new fellows: Clarksville lawyer Paige Barbeauld, Columbia lawyer Travis Jones, Knoxville lawyer John Rice and Nashville lawyer Angela Williams. Incoming Tennessee Supreme Court Justice Mary Louise Wagner was named an honorary fellow. See photos from event.

Posted by: Stacey Shrader Joslin on May 16, 2024

In honor of Asian American, Native Hawaiian and Pacific Islander Heritage (AANHPI) Month, American Bar Association President Mary Smith recently released a statement highlighting the theme of “Bridging Histories, Shaping Our Future" and noting the major impact the AANHPI community has had on the legal profession. According to the ABA’s Profile of the Legal Profession, the number of Asian American lawyers has grown faster than any other demographic group, increasing from 2.5% of all lawyers in 2021 to 6% in 2023. Smith concludes "As a nation, we should ensure that the AANHPI stories are lifted up. As lawyers, we should combat discrimination and hate that is too often targeted at this community ... Let us use this month to not only honor the achievements of the AANHPI people, many who overcame great hardship and discrimination to reach their goals, but also to dedicate ourselves to building bridges across cultures to create a future where all are treated equally and can succeed."

Posted by: Stacey Shrader Joslin on May 16, 2024
News Type: Legal News

The Memphis office of the Tennessee Court of Workers' Compensation Claims was closed today due to water main problems. Bureau of Workers’ Compensation employees in Memphis were working remotely. Those who have settlement approvals scheduled should call the office at 615-532-4812 to reschedule.

Posted by: Stacey Shrader Joslin on May 16, 2024
News Type: Legal News

A bill allowing for the death penalty in some cases of child rape has been signed into law by Gov. Bill Lee. It will take effect July 1 and will apply in cases where the offender has multiple prior felonies or multiple victims. Opponents predict the law will be challenged based on a 2008 decision by the U.S. Supreme Court, which found that the Eighth Amendment’s protection against cruel and unusual punishment prohibits the death penalty in causes where the victim does not die. The Associated Press reports on the development.

Posted by: Stacey Shrader Joslin on May 16, 2024

The Tennessee Supreme Court will hear oral arguments on May 22 in Cookeville before a group of rising high school seniors participating in the Tennessee American Legion’s Boys State program. The event is part of the court’s SCALES program, which educates students about the Tennessee legal system and judicial branch functions. Students will hear two cases beginning at 9 a.m. CST: Heather Smith v. BlueCross BlueShield of Tennessee and State v. William Rimmel III. The proceedings also will be livestreamed on the court’s YouTube page. Read more about the cases.

Posted by: Stacey Shrader Joslin on May 16, 2024
News Type: Legal News

Belmont University College of Law announced a two-year pilot health care clinic that will be embedded at the Tennessee Justice Center (TJC). Funding for the “Healthcare Justice Clinic” will be provided by a $260,000 grant from the Speer Foundation. The clinic will be coordinated by a TJC staff attorney and staffed by Belmont law students who will be selected for the externship. Students will receive academic credit for the experience, which will also include a class focused on managing client cases. The effort is designed to expand TJC’s work of advocating for vulnerable Tennessee families. “There are way more Tennesseans who need help than our small staff can handle, so this new resource will make a powerful difference,” said Michele Johnson, TJC co-founder and executive director. Read more in a news release from the school.

Posted by: Stacey Shrader Joslin on May 16, 2024
News Type: Legal News

The entirety of Tennessee's sex offender registry law cannot be thrown out because a handful of requirements may be unconstitutional, a three-judge panel of the U.S. Court of Appeals for the 6th Circuit has ruled. According to Courthouse News, the decision vacates an injunction granted by U.S. District Judge Aleta Trauger and directs her to focus on only the requirements that do not pass constitutional muster. A class of sex offenders convicted before 1995 sued the state in 2021, arguing that recent changes to registry requirements violate their constitutional rights. The appeals panel also dismissed Gov. Bill Lee from the action, leaving Tennessee Bureau of Investigation Director David B. Rausch as the sole target of the suit.


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