TBA Law Blog


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Posted by: Julia Wilburn on May 14, 2024
News Type: Legal News

The state Court of Appeals last week ruled that game wardens with the Tennessee Wildlife Resources Agency (TWRA) must obtain warrants before entering private property. The Tennessee Lookout reports that a three-judge panel concluded TWRA’s warrantless forays onto private property violate Article 1, Section 7 of the Tennessee Constitution, which reads in part: “The people shall be secure in their persons, houses, papers and possessions, from unreasonable searches and seizures.” The decision will require TWRA to seek judicial warrants based on probable cause that a crime has been committed before entering private property — the same rules that bind every other law enforcement agency in the state.

Posted by: Julia Wilburn on May 14, 2024
News Type: Legal News

A jury has found Metro Nashville Fire Department (MNFD) guilty of discrimination against Deputy Fire Marshal Maggie Lawrence, and has awarded her $225,000 in compensatory damages. The Nashville Banner reports that the lawsuit, which was initiated in September 2022, alleged that Nashville Fire Chief William Swann promoted a younger and less experienced captain to the role of fire captain over Lawrence, despite the fire marshal at the time advocating for Lawrence as the more qualified candidate. The suit further claimed that Metro and Swann not only discriminated against Lawrence but also retaliated when she made her complaint public.

Posted by: Julia Wilburn on May 14, 2024
News Type: Legal News

An investigation by WSMV found that several school districts have miscoded and misreported data surrounding "serious incidents" in their schools, which has led to an incorrect Safe Schools Report from the Tennessee Department of Education (TDOE). According to the news outlet, these often violent events include guns, weapons and explosives found on campus, as well as physical and sexual assaults. The Safe Schools Report breaks down the number of serious incidents reported at each school in every school district in the state, and the report is used by TDOE and state lawmakers to track guns and violence in schools and help guide policy on improving student safety. A data analysis found that miscoding of violent instances was to blame for a 50% spike in Clarksville-Montgomery County Schools.

Posted by: Julia Wilburn on May 14, 2024
News Type: Legal News

Several health care entities in Middle Tennessee were impacted by a ransomware attack on St. Louis-based Ascension. A "cybersecurity incident" last week took down electronic health records, patient portal access and some systems used to order certain procedures and medications, reports the Nashville Business Journal. In an update Monday afternoon, Ascension said it worked over the weekend to respond to the attack and that it is "focused on restoring systems safely. We are making progress; however, it will take time to return to normal operations. As systems and services come back online, we will share those updates so that our patients and communities can plan accordingly."

Posted by: Stacey Shrader Joslin on May 13, 2024
News Type: Legal News, Upcoming

The new Franklin law firm of Campbell Perky Johnson PLLC will hold an open house on May 23 to celebrate its new office space. The event will run from 4:30 to 7 p.m. CDT at 329 S. Royal Oaks Blvd., Ste. #205, Franklin 37064. Attorneys Neil Campbell, Sarah Richter Perky and Cathy Speers Johnson recently opened the firm to serve clients in family law matters. Campbell and Perky have nearly 20 years of experience in family law cases. Campbell is also a Rule 31 Family Law Mediator. Johnson has more than 25 years of experience in family law matters and is certified in collaborative law and as a divorce mediator. The Nashville Post has more from a press release from the firm.

Posted by: Stacey Shrader Joslin on May 13, 2024
News Type: BPR Actions

The Tennessee Supreme Court has agreed to defer consideration of a petition from the Board of Professional Responsibility recommending that Daniel Graham Boyd be suspended until after a hearing on Boyd’s request for judicial diversion. That hearing is set to take place May 30. Boyd relied on Tennessee Supreme Court Rule 9, section 22.7 in making his request. The court also approved a request to file documents in the case under seal.

Posted by: Julia Wilburn on May 13, 2024
News Type: Legal News, TBA CLE

TBA members and guests traveled to Dublin and Belfast, Ireland, May 7 through today for an international CLE series. Seven hours of CLE topics included an introduction to the Irish legal and constitutional system, European Union (EU) law, fundamentals of civil and criminal law, as well as more specialized topics to include immigration law, human rights, international law, environmental law, brand rights and intellectual property. The program provided participants with a deeper understanding of contemporary Irish law and business practices, international law and economic relations. The group visited the Law Society of Ireland and the Bar of Ireland, as well as the Four Courts, and learned about the legal structure of the organizations while networking with key leadership and associate members. Highlights in addition to the educational programs included visits to the Dublin’s National Museum of Ireland, Christ Church Cathedral, EPIC Museum, Guinness Storehouse Experience, Trinity College and Library, Game of Thrones Studio Tour and Titanic Belfast Museum. Excursions outside of the cities included Howth and Glendalough national parks with some members visiting Western Ireland and the Cliffs of Moher. TBA President Jim Barry said, “This has been the trip of a lifetime! Excellent food, hotels and CLE! The best part is the incredible friendships that developed with our fellow TBA travelers — memories never to be forgotten.” See pictures from the trip. Interested in learning more about TBA's next CLE abroad destination? Complete this form to receive updates.

Posted by: Stacey Shrader Joslin on May 13, 2024
News Type: BPR Actions

The Tennessee Supreme Court has directed the Board of Professional Responsibility to file a response in a case regarding whether the court should impose reciprocal discipline on Jason Russell Buckley. The Maine Supreme Judicial Court imposed a one-year active suspension on Buckley in September 2023. On April 8, the Tennessee court asked Buckley to file an answer as to why it should not also apply the same discipline in Tennessee. Buckley filed a response on May 6, arguing that identical discipline should not be imposed in Tennessee based on Tenn. Sup. Ct. R. 9, § 25.4. The board is to provide a response to that argument no later than June 12.

Posted by: Stacey Shrader Joslin on May 13, 2024
News Type: Legal News

The American Bar Association’s (ABA) legal education arm may be moving toward endorsing lawyer licensing pathways that do not involve passing the bar exam, Reuters reports. While still in the preliminary stages, the council of the Section of Legal Education and Admissions to the Bar is slated to weigh a draft policy statement urging states to “create diverse pathways to licensure.” The group meets next on May 17.

Posted by: Stacey Shrader Joslin on May 13, 2024
News Type: Legal News

Gov. Bill Lee on Friday signed a $1.9 billion franchise tax cut into law, the Tennessee Journal reports. The law provides businesses with state operations $1.55 billion in refunds for the past three tax years if they paid the property tax element of the two-component tax. It also eliminates the property tax portion going forward at a projected cost of $405 million per year.


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