Stay current with legal news in Tennessee. This page features the latest news for and about the Tennessee legal community, either produced by the Tennessee Bar Association or collected from news sources.
The U.S. House of Representatives today approved $328 million in FY 2013 for the Legal Services Corporation (LSC) after turning back two amendments that would have further cut or eliminated funding for the agency. One of those amendments, offered by Rep. Austin Scott, R-Ga., would have eliminated all funding. See how Tennessee lawmakers voted on the amendment
After spending three years in Washington, D.C., as a writer and editor focused on the pharmaceutical industry, Memphis native Adam Eckstein realized that "lawyers could accomplish a lot in their day-to-day activity" and decided to pursue a career in the law. He earned a degree from the University of Cincinnati College of Law and returned to Memphis to clerk for Tennessee Supreme Court Justice Janice Holder. After his clerkship he accepted an offer to join Martin, Tate, Morrow & Marston because firm lawyers seemed "thrilled" to be there and "genuinely excited" about their work. He hopes it will be a place to grow personally and professionally. Read more about his journey in the Memphis Daily News
Nicholas deB. Katzenbach, who helped shape the political history of the 1960s -- facing down segregationists, shepherding historic civil rights legislation and helping to map Vietnam War strategy, died Tuesday at age 90. Katzenbach advised President John F. Kennedy during the Cuban missile crisis and negotiated the release of Cuban prisoners captured during the Bay of Pigs invasion. He was Robert F. Kennedy’s second-in-charge at the Justice Department and took on F.B.I. director J. Edgar Hoover over the wiretapping of Dr. Martin Luther King Jr. Perhaps his most public moment came when he confronted then-Alabama Gov. George C. Wallace on the steps of the University of Alabama over the governor’s resistance to desegregation. Flanked by a federal marshal and a U.S. attorney, Katzenbach read a presidential proclamation ordering that two African American students be admitted to the school. He later escorted the students to register for classes. The New York Times looks at his life
In its continuing coverage of the U.S. Justice Department’s report identifying issues with the Shelby County Juvenile Court, the Memphis Daily News focuses on concerns about state law in an article today. The paper quotes Juvenile Court Chief Administrative Officer Larry Scroggs as saying the court was aware that federal officials had concerns about the state’s 72-hour time frame for detention hearings. During conversations with the department, according to Scroggs, it became clear that officials came to believe Tennessee laws conflict with the U.S. Constitution. Such an interpretation certainly would have implications beyond Memphis, and could result in discussions between the department and state officials, according to the paper.
An environmental law that has Nashville-based Gibson Guitar mired in legal trouble was up for debate Tuesday in Washington. A House subcommittee heard arguments for and against the RELIEF Act, which would rewrite the century-old Lacey Act, which only recently began governing the importation of wood. Musical instruments are the concern of the bill’s sponsors, which include Rep. Jim Cooper. The Nashville Democrat says artists fear their guitars could be confiscated when they reenter the U.S. if they can’t document that all of the wood was legally harvested. Nashville Public Radio reports
Judge James Browning of the San Francisco-based 9th U.S. Circuit Court of Appeals died Saturday (May 5) at the age of 93. Browning, reportedly the nation's longest serving federal appeals judge, was appointed to the court in 1961 by President John Kennedy. He served as chief judge from 1976 to 1988 and took senior status in 2000. Browning once said his greatest contribution was helping persuade Congress not to split the appeals court. University of Pittsburgh law professor Arthur Hellman called Browning "the architect of the modern 9th Circuit" saying he created innovations in case management, persuaded judges to work together despite differing views, and helped create the disciplinary system for federal judges. The ABA Journal has links to several stories
U.S. Representative Steve Cohen, D-Memphis, spoke on the House floor this week about the importance of preserving and strengthening legal services, especially in tough economic times. Cohen appealed to his colleagues' sense of justice and compassion to not cut funding for the Legal Services Corporation. Watch his remarks
The Humphreys County Sheriff's Department has settled a federal case involving the beating and Tasering of an unarmed man in January 2011. The U.S. Department of Justice had criminally indicted the department earlier this year for violating the civil rights of Darrin Ring, who reportedly was beaten and Tasered for 19 minutes – sustaining broken ribs and a punctured lung. Ring will be paid $350,000. The settlement resolves all charges except those pending against a Waverly police officer, who allegedly performed the Tasering. WSMV has more
Christopher Lee Gibson, who gained notoriety as the pill supplier to former Knox County Judge Richard Baumgartner, is back behind bars after being arrested for a probation violation, according to the News Sentinel. Gibson had been free on bond pending appeal of a four-year sentence imposed for a probation violation that stemmed from his involvement with Baumgartner. He was arrested Monday for possession of oxycodone and failure to report the incident to his probation officer. Gibson was a felon on probation in Baumgartner's court when he began selling prescription painkillers to the judge.
The University of Tennessee College of Law will hold its spring hooding ceremony Friday at Thompson Boling Arena beginning at 5 p.m. Approximately 150 graduates will receive law degrees and hear from Ray Mabus, the U.S. Secretary of the Navy. Also on Friday, commencement exercises will take place beginning at 9 a.m. at Vanderbilt University Law School in Nashville. The ceremony will take place on the Alumni Lawn or in case of inclement weather in the Memorial Gymnasium. On Thursday afternoon, the law school will host several receptions and an open house from 3 to 4:30 p.m. On Saturday, commencement ceremonies for 128 students from the University of Memphis Cecil C. Humphreys School of Law will begin at 3 p.m. at the Cannon Center for the Performing Arts. Addressing the graduates will be 2000 alumna Caroline Hunter, chair of the Federal Election Commission.
The Montgomery County Bar Association will host the annual Pat McCutchen Big Spittoon Golf Scramble this Friday. The event will be held at the Swan Lake Golf Course in Clarksville. Start time will be at 1:30 p.m. Contact MCBA President Erin S. Poland by email or phone at (931) 552-3475 to learn more.
The McCallie School of Chattanooga finished in the top 20 at the 2012 National High School Mock Trial Championship in Albuquerque last week, placing 16th out of 46 teams. In addition, McCallie student Christian Talley was named one of seven outstanding attorneys in the competition. The case, which students had just a month to learn, centered on the assassination of a Department of Homeland Security agent by a former CIA operative who had taken up contracting work. Following apprehension, the assassin turned informant and testified against a U.S. congressman accused of covering up a million-dollar fraud involving the theft of natural gas. Read more about the team's experience in The Chattanoogan
Tennessee Bar Association members captured a second-straight international award for excellence in webcast programming when the Rich Media Impact Award was presented today in Madison, Wisc. The award recognized the TBA’s All Access Network, which features short videos presented by TBA members on a broad range of topics, ranging from tips for starting a practice, to an overview of practice areas, to suggestions for advancing a legal career. The short programs are all available free.
The U.S. Senate confirmed three judges to federal courts late Monday afternoon, including the first Asian-American woman on any federal appellate court. The Senate voted 91-3 to confirm Vietnam-born Los Angeles federal Judge Jacqueline Nguyen to the U.S. Court of Appeals for the Ninth Circuit, filling a vacancy that had remained open since 2009. The Senate also confirmed two judges by voice votes: Kristine Gerhard Baker to be district judge for the Eastern District of Arkansas, and John Lee to be district judge for the Northern District of Illinois. The Blog of Legal Times has details
Brad Thompson formally announced his candidacy for State Senate District 24 last week, NWTN Today reports. He is director of community development for the City of Martin and served for many years as a top aide to Congressman John Tanner. The district includes Benton, Carroll, Gibson, Henry, Obion and Weakley counties.
Nashville lawyer Stephen Zralek is interviewed in this month's ABA Journal cover story, which explores the unique business model that several newspaper publishers adopted to sue more than 250 individuals and entities around the world for copyright infringement. Zralek, who successfully defended one of these cases in federal court in Las Vegas, talks about the costs of litigating copyright disputes. “There are times when worthy plaintiffs can’t afford an hourly rate and can’t convince a lawyer to take it on contingency,” he says. "For someone who has a valuable work and there’s clear infringement -- and they have ability to pay and they would lose more money than not litigating -- the answer is simple.” Read the story
News from the Young Lawyers Division
Two Knoxville students earned first place in the 2012 Law Day Art & Essay Competition, reports the TBA's Young Lawyers Division, which holds the statewide competition each May. This year's competition was coordinated by Jackson lawyer Ashley Holliday with West Tennessee Legal Services. The theme, "No Courts, No Justice, No Freedom," asked students to consider the importance of the courts and their role in ensuring access to justice for all Americans.
On the heels of a recent Tennessee Court of Appeals ruling that upheld a state trial court decision in favor of the Episcopal Diocese of Tennessee, St. Andrew's Church has filed a petition for rehearing. The case stems from the Nashville church's efforts to break away from the diocese. NashvillePost.com reports
Annual contest challenges students to explore importance of the courts
NASHVILLE, May 8, 2012 -- Knoxville eighth grader Liana Hu of Farragut Middle School has won first place in a Law Day art contest sponsored by the Tennessee Bar Association, while Gloria Yu, a junior at Hardin Valley Academy in Knoxville, took first place in the essay contest.