TBA Law Blog


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Posted by: Stacey Shrader Joslin on Jan 31, 2024
News Type: Legal News

Tennessee Bar Foundation Executive Director Barri Bernstein has publicly announced her decision to retire in mid-2024. Bernstein was the initial executive director of the foundation and has served in the role since 1985. In a statement released today, Board Chair Judge John W. Whitworth said Bernstein built the foundation “from the ground up,” providing “innovative leadership” that led to better access to legal assistance for lower-income Tennesseans. “We are grateful for Barri’s longtime service and to know that she will be available in an advisory role to the Board and to her successor.” The search for a new executive director has begun. Information about the position and how to apply is available at online.

Posted by: Stacey Shrader Joslin on Jan 31, 2024
News Type: Legal News

Tennessee Attorney General Jonathan Skrmetti has sued the National Collegiate Athletic Association (NCAA) over its restrictions on the ability of current and future student-athletes to benefit from their name, image and likeness (NIL). Skrmetti argues that the policy violates federal antitrust laws, thwarts the free market and harms student-athletes. He was joined in the suit by the state of Virginia. After the U.S. Supreme Court ruled that the NCAA violated antitrust law by imposing unreasonable restraints on the compensation of college athletes, Tennessee and other states enacted laws to foster a thriving NIL market for the benefit of student-athletes. The NCAA currently prohibits prospective student-athletes from discussing potential NIL opportunities with schools and collectives prior to enrolling. Read more about the suit. In related news, the University of Tennessee has confirmed the existence of an NCAA investigation into NIL rules violations at the school but said it has not received a notice of allegations. University Chancellor Donde Plowman tells Knox News that the school will fight any alleged violations.

Posted by: Stacey Shrader Joslin on Jan 31, 2024
News Type: Election 2024

Tennesseans have until Monday to register to vote if they want to cast a ballot in the March 5 presidential and county primary elections. The deadline for requesting an absentee ballot is Feb. 27. Tennessee Secretary of State Tre Hargett advised residents to download the state’s GoVoteTN app, where users can register to vote, view a sample ballot, determine polling locations, and see voter ID requirements and important election dates. Early voting will run from Feb. 14-27. Visit the department’s website for more election information, including all key dates.

Posted by: Stacey Shrader Joslin on Jan 31, 2024
News Type: Legal News

Judge Jane Branstetter Stranch is planning to step down from active service on the U.S. Sixth Circuit Court of Appeals, according to a report from Reuters. Stranch, appointed by former president Barack Obama, plans to take senior status following confirmation of a successor. Prior to joining the court, Stranch was managing partner of Branstetter Stranch & Jennings in Nashville with a practice focused on labor and employee benefit matters. The move gives President Joe Biden another appointment to the court. The president has not yet nominated a replacement for Judge Julia Smith Gibbons, also from Tennessee, who said in August that she would take senior status once a successor was confirmed. Senior status is a form of semi-retirement for judges over the age of 65 who have completed at least 15 years of service on the federal bench.

Posted by: Jarod Word on Jan 30, 2024
News Type: TBA CLE

The TBA's 2024 Estate Planning & Probate Forum, set for Feb. 23 at the Embassy Suites in Franklin, will feature a probate panel comprised of judges and clerk & masters from the state’s three grand divisions. Moderated by TBA Estate Planning & Probate Section Vice Chair Charles Frazier, panelists will discuss best practices and answer questions from attendees. Other topics at the forum include how to navigate probate when there is no will, the Uniform Partition of Heirs Property Act, marital deductions, the Hamilton County public receiver initiative, legislative update and ethics. Learn more or register here.

Posted by: Paul Burch on Jan 30, 2024
News Type: Legal News

A chancery court judge has set April 16-17 for a trial in the ongoing legal battle over how much of the Covenant School assailant’s writings should be made available to the public, reports WPLN. The plaintiffs arguing for the documents release under the Tennessee Public Records Act include the Tennessee Firearms Association, a police non-profit, The Tennessean and Sen. Todd Gardenhire, R-Chattanooga. Covenant parents who oppose release of the writings worry that release of the papers could inspire future school shootings, re-traumatize students and jeopardize the school’s safety.

Posted by: Paul Burch on Jan 30, 2024
News Type: Upcoming

Join the Tennessee Lawyers Assistance Program (TLAP) on March 12 from noon to 2 p.m. CDT for QPR Gatekeeper Training, a free educational training program on suicide prevention. The event will take place in person in the Nashville office of Sherrard Roe Voit & Harbison, 150 3rd Ave S. #1100, Nashville 37201. "Question, Persuade and Refer" (QPR) is designed so that anyone can learn to help save a life from suicide. Those trained in QPR know how to recognize the warning signs of a suicide crisis and how to offer help. Speakers include Lauren Castor, clinical case manager for TLAP and Erin Lynch, a member of the TLAP's Professional Clinical Team. Space is limited to 20 participants. Find out more and register.

Posted by: Paul Burch on Jan 30, 2024
News Type: BPR Actions

Knox County lawyer Mark Steven Graham has received a public censure from the Tennessee Supreme Court. The court noted that Graham’s law license is currently suspended yet he filed a pro se lawsuit and identified himself in the pleading as a “lawyer” and “member of the Bar of the State of Tennessee.” Graham also signed the pleading by using the term “Esq.” and included his Board of Professional Responsibility licensure number and a designation that he was filing pro se. His actions were determined to violate Rules of Professional Conduct 7.1, 3.4 and 8.4(g).

Posted by: Paul Burch on Jan 30, 2024
News Type: Upcoming

The Energy, Environment and Land Use (EELU) Program at Vanderbilt Law School will host the second annual State of the Environment Conference on Feb. 12 in the law school's Flynn Auditorium, 131 21st Ave. S., Nashville 37203. The conference brings together faculty, policy makers and other experts for a state of the environment report followed by panels led by EELU faculty members. Panelists will discuss current work and research and answer audience questions. The conference includes a cocktail hour and a box lunch is available. Registration is not necessary. Learn more about the conference and see the full agenda.

Posted by: Paul Burch on Jan 30, 2024
News Type: Legal News

The 8th U.S. Circuit Court of Appeals today declined to reconsider a ruling that only the U.S. government, not private parties, can sue under a landmark civil rights law barring racial discrimination in voting. Reuters reports that the court rejected a request by the Arkansas Public Policy Panel and the Arkansas State Conference NAACP to reconsider a 2023 ruling holding that private plaintiffs cannot bring cases enforcing Section 2 of the Voting Rights Act. For decades, the majority of Voting Rights Act lawsuits have been filed by private parties.


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