TBA Law Blog


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Posted by: Julia Wilburn on May 3, 2024
News Type: Legal News

A three-judge panel of the 6th Circuit Court of Appeals heard arguments on Thursday over a decades-old Tennessee policy that does not allow transgender people to change the sex designation on their birth certificates, reports the Associated Press. Four transgender Tennesseans first filed the lawsuit in 2019, claiming that the policy is unconstitutional and "subjects transgender people to discrimination, harassment and even violence when they have to produce a birth certificate for identification that clashes with their gender identity." U.S. District Judge Eli Richardson had dismissed the case last year, saying that the term "sex" has a very narrow and specific meaning for the purpose of birth certificates in Tennessee: "external genitalia at the time of birth."

Posted by: Julia Wilburn on May 3, 2024
News Type: Election 2024

The Davidson County Election Commission on Thursday rejected a challenge from Laura Nelson, R-Nashville, to Democratic Rep. Justin Jones’ qualification for the ballot in his bid for reelection. The Nashville Banner reports that Nelson alleged that several of Jones’ petition signatures were not valid. The GOP-controlled commission, after a hearing of more than two hours, decided to accept the signatures. State law requires 25 valid signatures to qualify for the ballot. Jones turned in 26, of which 25 were deemed valid.

Posted by: Julia Wilburn on May 3, 2024
News Type: Legal News

According to a state report released in February, just 67% of public elementary schools and 75% of public middle and high schools in Tennessee have taken advantage of the $140 million provided by the state last summer to put an armed school resource officer (SRO) in every school. Only $98.4 million has been used, and Sen. Paul Bailey, R-Sparta, says that is mainly due to staffing problems. Bailey told WKRN that “There’s currently 500 public schools within the state of Tennessee that are still not equipped with a school resource officer. There just aren’t those individuals available with POST certification to be able to work in those schools.”

Posted by: Stacey Shrader Joslin on May 3, 2024

Cookeville attorney Laura Dykes will be honored next month with the Tennessee Bar Association’s Fifth Annual Claudia Jack Award. Named for the late Claudia Jack, a long-time champion of the poor and underprivileged and a public defender in Maury County, the award is presented to an outstanding public defender or court-appointed private practitioner who serves the legal community and clients in an exemplary fashion. Dykes has served as an assistant public defender for the past 35 years, working first in the Metro Davidson County office, then joining the 13th Judicial Office in Cookeville after her retirement in Nashville. In both of those positions, Dykes has been recognized for ethically and zealously defending clients. The award will be presented at the TBA Annual Convention in Memphis on June 14 during the Lawyers’ Luncheon. Read more in the TBA’s press release.

Posted by: Julia Wilburn on May 3, 2024
News Type: Legal News

Sherrard Roe Voigt & Harbison PLC announced that attorney Andrée S. Blumstein will be returning to private practice at the firm on May 6. For the past decade, Blumstein served as solicitor general for the state of Tennessee. In that role, she led and supervised Tennessee’s appellate litigation in state and federal courts, oversaw the preparation of attorney general opinions issued by the office, and generally provided support and advice for the work of the attorney general. Blumstein became a partner at Sherrard Roe Voigt & Harbison in 1993, focusing her practice on antitrust, health law, and state and local tax law. She has served as the chair of the Tennessee Bar Journal Editorial Board since 2003.

Posted by: Julia Wilburn on May 3, 2024
News Type: Legal News

University of Tennessee and Knoxville Police Department officers on Thursday arrested seven students and two community members who participated in a pro-Palestine demonstration on campus. Defense attorney Mike Whalen told the Knoxville News Sentinel that "UTPD confirmed to me that the students have been released without any legal penalty but will receive notice of disciplinary action from the institution. Those who are not students were cited for trespassing and have been released.” In related news, four student demonstrators and a reporter were arrested last month at Vanderbilt University. WKRN reports a group of students at The University of the South are also protesting peacefully and no arrests have been made. They are requesting that the university disclose where its $400 million endowment goes and divest from companies that manufacture weapons used against Palestinians.

Posted by: Julia Wilburn on May 3, 2024
News Type: Legal News

Tennessean Al Gore, former vice president under Bill Clinton and both a U.S. senator and member of the House of Representatives, today received the Presidential Medal of Freedom in a ceremony at the White House. The Tennessean reports that the medal is one of the nation’s highest civilian honors, bestowed by the president to individuals who have made “an especially meritorious contribution to the security or national interests of the United States, world peace, cultural or other significant public or private endeavors.” Since leaving public office, Gore has worked on environmental initiatives. He founded the Climate Reality Project (previously called the Alliance for Climate Protection) in 2005, and received the Nobel Peace Prize alongside the United Nations’ Intergovernmental Panel on Climate Change in 2007.

Posted by: Julia Wilburn on May 3, 2024

Well-Being Week in Law (WWIL) is organized annually by the Institute for Well-Being in Law (IWIL) during Mental Health Awareness Month. Its aim is to raise awareness about mental health and encourage action and innovation across the profession year-round to improve well-being. This year's overall theme is Well-Being Reboot: A Fresh Start for Positive Change, which embodies two key ideas: a clean slate to start/restart well-being action plans and behavior changes aimed at greater well-being. TBA Today will share tips each day next week to encourage members to prioritize their well-being. Visit the TBA's Wellness Resources page for other resources.

Posted by: Julia Wilburn on May 3, 2024
News Type: TBA CLE

Make plans now to join colleagues on May 10 for the inaugural TBA YLD Trial College. The program, which will be held at  Belmont University College of Law, will cover a range of litigation topics, including getting prepared for trial, putting together a trial notebook, prepping witnesses, conducting Voir Dire, planning for and presenting opening statements and more. The day will start at 8 a.m. CDT with registration, followed by programming from 8:30 a.m to 4:45 p.m. at the Randall and Sadie Baskin Center, 1901 15th Ave. S., Nashville 37212.

Posted by: Julia Wilburn on May 2, 2024
News Type: Upcoming

East Tennessee Lawyers’ Association For Women (ETLAW) will host its annual Tennessee Supreme Court Luncheon on May 21 from 11:30 a.m. to 1 p.m. EDT. Join the East Tennessee legal community at The Square Room, 4 Market Square, Knoxville 37902, to honor state Supreme Court justices and other members of the judiciary. Individual tickets are $50. A table of eight may be purchased/sponsored for $350. Register here by May 16. Contact Bianca White with questions.


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