TBA Law Blog


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Posted by: Julia Wilburn on Apr 9, 2024
News Type: Passages

Rene Arthur Wolf died on March 24 at his home in Ajijic, Mexico, just a few months shy of his 100th birthday on July 30. Raised in Needles, California, Wolf entered the Army in 1944, and was sent to Stanford to study engineering. He prepped at Amherst and won a competitive appointment to the U.S. Military Academy at West Point in 1946. Upon graduation in 1950, as a civil engineer, Wolf was assigned to the 1st ECBn in Germany. After two tours in South Korea, a tour in Japan and another tour in Turkey, he retired as a lieutenant colonel in 1971 to become the head of facilities planning and engineering at Martin Marietta Aerospace in Denver, Colorado. Wolf became an attorney after passing the Tennessee Bar in 1984. Arrangements are pending.

Posted by: Stacey Shrader Joslin on Apr 9, 2024
News Type: Passages, Upcoming

The Memphis Bar Association (MBA) will host its annual memorial service this Thursday, beginning at noon CDT, for members who have died over the past year. The in-person event will take place at Calvary Episcopal Church, 102 N. Second St., Memphis 38103. A reception will follow the service.

Posted by: Julia Wilburn on Apr 9, 2024

The Tennessee Supreme Court on Monday held that a plaintiff may go forward with claims of direct negligence against a business even after the business admits it is indirectly liable for any negligence of its employee. The court also held that a plaintiff may assert concurrent claims based on both negligent activity and premises liability. Read the unanimous opinion in Binns v. Trader Joe’s East Inc., authored by Justice Roger A. Page.

Posted by: Julia Wilburn on Apr 9, 2024
News Type: Election 2024

Mike Jones of Murfreesboro has announced he is suspending his campaign for 16th Judicial District Circuit Court (Division 1) judge and will support Judge Terry Fann in the upcoming election for the same position. WGNS Radio reports that Jones stated, “Suspending my campaign was not a decision that I took lightly, but at this time, I truly believe it is the right decision for the constituents in the 16th Judicial District. I now urge my fellow citizens in Rutherford and Cannon County to join me in voting for Judge Fann in the August general election.” Fann was appointed to the bench by Gov. Bill Lee in November 2023 to fill a vacancy created by the retirement of Judge Mark Rogers.

Posted by: Julia Wilburn on Apr 9, 2024
News Type: Legal News

Shelby County Circuit Judge Carol Chumney on Monday ruled that Memphis Grizzlies star Ja Morant acted in self-defense when he punched Joshua Holloway (then 17) at Mornant's home in July 2022. The decision states that Morant "enjoys a presumption of civil immunity" under Tennessee's self-defense immunity statute and that the burden of proof shifts to Holloway and his legal team to prove that Morant did not act in self-defense. ESPN has the story.

Posted by: Julia Wilburn on Apr 9, 2024
News Type: Legal News, Upcoming

TBA leadership will travel to Washington, D.C., this week to participate in the American Bar Association's (ABA) annual Day on the Hill. Executive Director Sheree Wright, TBA President Jim Barry, TBA President-elect Ed Lanquist, TBA YLD President-elect Sean Aiello and ABA Resource Committee Chair Jonathan Cole will meet with the Tennessee congressional delegation to discuss funding for the Legal Services Corporation, which provides grants to civil legal aid organizations in Tennessee and across the country. Other legislative initiatives being promoted this year include increased funding for federal public defenders, support for attorney-client confidentiality over prison email systems, reauthorization of the Higher Education Act and reforms to student lending.

Posted by: Julia Wilburn on Apr 9, 2024
News Type: TBA CLE

Join colleagues on April 25 at 11:30 a.m. CDT for the third webcast in an attorney well-being series, presented by the TBA Women in the Profession Committee. This one-hour session will use research associated with increased alcohol and drug use; increased stress, anxiety and depression; and feelings of isolation to provide real world strategies to achieve wellness while facing daily professional challenges.

Posted by: Julia Wilburn on Apr 8, 2024
News Type: Legal News

Jury selection began Monday in the first of two criminal cases against Cleotha Abston, who is accused of the 2021 rape of Alicia Franklin. He is also charged separately in the 2022 kidnapping and killing of Memphis schoolteacher Eliza Fletcher. The Daily Memphian reports that the trial on Abston’s charges in the Franklin case — including aggravated rape and aggravated kidnapping — is expected to last through the week, and the jury will be sequestered. Abston will go on trial for Fletcher's murder later this year.

Posted by: Julia Wilburn on Apr 8, 2024
News Type: Legal News

Bass, Berry & Sims was named the firm recipient of the 2024 National Public Service Award by the American Bar Association’s (ABA) Business Law Section. This annual award honors significant pro bono legal contributions of law firms, corporate law departments and individual lawyers that demonstrate a commitment to providing legal services to individuals and entities that could not otherwise afford them. The award was presented to Pro Bono Member David Esquivel at the ABA’s Business Law Spring Meeting in Orlando, Florida, on April 5. Read more about the award and the firm's pro bono work in a press release.

Posted by: Julia Wilburn on Apr 8, 2024
News Type: BPR Actions

The Tennessee Supreme Court has suspended Georgia attorney John Cris Helton from the practice of law in Tennessee for five years, with four years to be served on active suspension and the remainder on probation with the condition that Helton engage a practice monitor. The court found that Helton failed to file required federal income tax returns for several years and willfully attempted to avoid tax liabilities. After the U.S. Internal Revenue Service (IRS) initiated civil litigation against Helton to recover approximately $400,000 in owed income taxes, Helton filed for Chapter 7 Bankruptcy protection, asserting that the IRS lien should be discharged. The federal bankruptcy court determined that the tax debt was non-dischargeable because the failure to pay was willful and intentional. On appeal, the U.S. 6th Circuit Court of Appeals affirmed the district court ruling. Helton agreed to a conditional guilty plea acknowledging his conduct violated Tennessee Rules of Professional Conduct 8.4(c).


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