TBA Law Blog


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Posted by: Stacey Shrader Joslin on Jan 9, 2025
News Type: Legal News

Strong demand across practice areas, higher billing rates and the expansion of non-equity partner tiers helped bolster law firm profits in 2024 according to the 2025 State of the Legal Market report from Thomson Reuters. The report found that law firms' average hourly rates shot up 6.5%, the biggest jump since the financial crisis nearly two decades ago. According to Law.com, the report characterized the increase as "defying gravity," The annual report also looks at significant shifts in law firm business models and the challenges firms will face in the coming year, including retaining talent and reacting to technological advancements that could impact legal services, client expectations and pricing models. Law firms this year will need to "navigate a complex landscape shaped by shifting demand and expense dynamics,” according to the study. Learn more in this news article or this press release.

Posted by: Stacey Shrader Joslin on Jan 9, 2025
News Type: Legal News

Davidson County Chancellor Anne Martin heard arguments this week in a legal challenge to the $3.1 billion transit referendum approved by Nashville voters in November. The Committee to Stop an Unfair Tax claims that the inclusion of sidewalks and traffic signals in the plan exceeds the scope allowed under the state’s Improve Act and argues that voters were misled about the project's costs. Metro attorneys countered that the plaintiffs should have raised their concerns before the election, emphasizing that there have been no allegations of illegal voting or widespread confusion. Martin said a decision would be forthcoming, according to the Nashville Post.

Posted by: Stacey Shrader Joslin on Jan 9, 2025

Gov. Bill Lee told reporters yesterday that he is considering calling for a special legislative session to consider a statewide private school voucher program and storm relief for areas hard hit by the remnants of Hurricane Helene. Nashville Public Radio reports that Lee said he had not determined if or when the special session would take place, but indicated it would be sooner than later if held. Democratic lawmakers responded, criticizing the idea of combining disaster relief with the voucher program, the Nashville Banner reports. Also, during the press conference, Lee reiterated his commitment to help President-elect Donald Trump with planned deportations, including deploying the Tennessee National Guard if requested. Lee joined other governors in signing a letter to the effect in December, according to Axios Nashville. Tennessee’s 114th General Assembly is scheduled to convene next Tuesday.

Posted by: Stacey Shrader Joslin on Jan 9, 2025
News Type: TBA CLE

The TBA Tort & Insurance Law Section will hold its 2025 annual forum on Feb. 20 via Zoom. The program will feature sessions on first party claims, health care liability and an ethics course dedicated to the fine art of thriving in your practice without being a jerk. Make plans now to join colleagues starting at 9 a.m. CST for this two-hour program.

Posted by: Stacey Shrader Joslin on Jan 8, 2025
News Type: BPR Actions

The Tennessee Supreme Court has issued a public censure to Kentucky lawyer Darren Craig Lamb. A complaint was filed by an individual formerly in a romantic relationship with Lamb. Following the end of the relationship, the individual sought and was granted a temporary order of protection. The court found that Lamb violated the order by repeatedly contacting the individual, including posting notice of a suit for nonpayment of a personal loan on the individual’s front door. The suit was never filed but Lamb completed the section of the form normally filled out by the court clerk’s office to create the false impression that a suit was pending. Lamb was charged with harassment, stalking and contempt charges. He entered a no contest plea and received judicial diversion. The court determined that his actions violated Rules of Professional Conduct 4.1 and 8.4(b), (c), (d) and (g). The court conditioned the censure on compliance with a Tennessee Lawyers Assistance Program (TLAP) monitoring agreement.

Posted by: Azya Thornton on Jan 8, 2025

The Tennessee Supreme Court has ruled that a prior conviction for robbery can increase the penalty for a criminal defendant’s conviction for unlawful possession of a firearm but only if a jury finds that the prior robbery was committed with the use of violence. In the case of Christopher Oberton Curry Jr., who was convicted in 2022 of unlawful firearm possession after a felony conviction for robbery, the trial court had instructed the jury that robbery was a "crime of violence." The appellate court affirmed. The Supreme Court found that the trial judge erred in making a determination that the prior robbery had been violent and reduced the conviction. The court said that a jury should have made that determination. Read more about the opinion from the Administrative Office of the Courts.

Posted by: Azya Thornton on Jan 8, 2025
News Type: TBA CLE

The TBA will host its annual Ethics Homeshow webcast on Feb. 19 from 11 a.m. to 2 p.m. CST. Ethics expert Brian Faughnan returns for this always engaging event, providing legal professionals with timely insights and guidance on ethical practices. The event is a highlight of the TBA's yearly ethics programming. For more information and to register visit TBA’s website.

Posted by: Azya Thornton on Jan 8, 2025
News Type: Legal News

consumer lawsuit accusing Live Nation and its subsidiary Ticketmaster of charging artificially high ticket prices will proceed alongside a parallel antitrust case filed by the U.S. government and 39 states, including Tennessee. A federal judge on Monday rejected Live Nation's request to pause the class action during the government's suit, which seeks to break up the two companies, Reuters reports. Live Nation argued that allowing both lawsuits to move forward at the same time could waste resources and lead to conflicting rulings. Both cases claim Live Nation limits competition for live event ticketing through exclusive deal arrangements and other barriers. The consumer case was brought on behalf of a potential class of millions of ticket purchasers. The court also rejected Live Nation's argument that the government case, which is scheduled for trial in 2026, was significantly more advanced than the consumer lawsuit.

Posted by: Azya Thornton on Jan 8, 2025
News Type: Legal News

After Gov. Bill Lee announced last month that the state has new guidelines for executing death row inmates, top prison officials say they will not release the protocols manual to the public. According to the Associated Press, a public records request filed to obtain a copy of the manual has been denied by the Tennessee Department of Correction. In denying the request, the department said it must keep the document secret to protect the identities of the executioner and others involved. In an email Monday, a department spokesperson told AP that the “protocol is not a public record” and cited state law that protects the identities of those carrying out executions. AP argues that the cited statute anticipates the existence of confidential information and provides for redactions rather than denials of access.

Posted by: Azya Thornton on Jan 8, 2025

In a new opinion, the Tennessee Supreme Court has affirmed a damages award to a man who sustained serious injuries after falling on a pedestrian bridge at his apartment complex. The court ruled that the owner and operator of the complex, Mid-America Apartments (MAA), had a duty to maintain safe conditions on the bridge. The central issue in the case was whether the owner could have discovered the dangerous condition beforehand through proper diligence. The court concluded that the condition of the bridge was a “general or continuing condition” that was reasonably foreseeable. In a 4-1 decision, the court upheld the trial court’s damages award of more than $2 million to the plaintiff. The decision by the court reaffirmed its long-standing precedent governing premises liability cases in Tennessee set forth in Blair v. W. Town Mall, the Administrative Office of the Courts reports in a release. Justice Sarah K. Campbell dissented, arguing that MAA lacked constructive knowledge of the dangerous condition because there was no evidence that a similar issue had occurred previously on the bridge or elsewhere on the property.


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