Attorney Timothy Williams Flohr died recently at the age of 46. Flohr earned his law degree from the University of Memphis School of Law and practiced in Greeneville for several years before moving out of state. He was also a member of the Tennessee Bar Association. A memorial service is planned for Flohr on March 8, 2025, at Greeneville Cumberland Presbyterian Church, 201 N Main St., Greeneville 37745. Memorial donations may be made to the Greene County Food Bank, c/o Greeneville Community Ministries, 107 N. Cutler St., Greeneville, TN 37743.

The terms of four Tennessee Commission on Continuing Legal Education members — Stephanie Coleman, Jay Ebelhar, Lynda Minks Hood and David Veile — will expire on Dec. 31. These members are not eligible for reappointment. To replace them, the Tennessee Supreme Court has adopted an order appointing new members to serve three-year terms starting Jan. 1, 2025, and ending Dec. 31, 2027. They are: Amy J. Farrar, founding partner of Tennessee Center for Estate & Elder Law in Murfreesboro; Joseph W. Smith, senior attorney at Miles Mason Family Law Group in Memphis; Mary Ann Upchurch, executive director of the Memphis Bar Association; and Wencke West, a Cleveland attorney in private practice. The court also has reappointed Julie Bennett, chief legal officer and corporate secretary at Ballad Health in Kingsport, as chair of the commission for a one-year term beginning Jan. 1 and ending Dec. 31, 2025.

CSX Transportation has been ordered to stop rail cleanup efforts in the Nolichucky River Gorge until it obtains the proper permissions, according to a letter sent to the company by the U.S. Army Corps of Engineers, Knox News reports. The company began restoring tracks shortly after Hurricane Helene damaged large portions of the key CSX rail line, but multiple environmental groups filed a lawsuit last month, alleging the work is “extremely damaging” to the river. A CSX spokesperson told the paper the company continues to work with regulators, including the U.S. Army Corps of Engineers and TDEC, to ensure the rail lines are recovered from the river in a “safe and responsible manner.”

Another Tennessee lawmaker is pushing to eliminate the state’s grocery tax. State Rep. Elaine Davis, R-Knoxville, on Thursday introduced a bill that would end the state tax on groceries without raising taxes on businesses, WSMV reports. The proposal would also allow counties to implement a grocery sales tax if approved by local lawmakers. Currently, the state sales tax on food and food ingredients is 4%. State Rep. Aftyn Behn, D-Nashville, refiled a similar measure last month after it failed last year.

A federal appeals court today upheld a law requiring TikTok’s Chinese parent company ByteDance to sell the app or face a U.S. ban. According to The Hill, a three-judge panel with the U.S. Court of Appeals for the D.C. Circuit found that the law does not violate the First Amendment, as TikTok has argued. At the time it was passed, the law gave ByteDance about nine months to divest TikTok or face a ban on U.S. networks and app stores. President Joe Biden could also opt to give the company a 90-day extension. TikTok is expected to appeal the decision to the Supreme Court, the paper reports.

The most recent installment of TBA's Indigent Representation Primer is now available. This week's post looks at the role and significance of guardians ad litem, including specifics of Tennessee's procedures. Read more about Tennessee's system of indigent defense and see past primer posts here.

Rural Bledsoe County, with a population of 15,060 and a poverty rate of 26% — one of the highest in the state — received about $69,000 in opioid settlement money last year from Tennessee's Opioid Abatement Council. County Mayor Greg Ridley felt that the money would be most impactful in funding an opioid prevention program in the school district. Director of Schools Selina Sparkman and School Health Director Michelle Rains developed a program based on grant guidelines to deliver opioid prevention classes within already-required health courses for high school freshmen. Bledsoe County is the only system in the state to hire a teacher focused entirely on opioid prevention education. The Tennessean has the story.

After a friend was pulled over and arrested for DUI despite being sober, state Rep. Lowell Russell, R-Vonore, asked the Tennessee Bureau of Investigation (TBI) to calculate the number of sober DUI arrests over the last few years in Tennessee. According to TBI data, since 2107, 609 people were charged with DUI, whose alcohol and drug test results ultimately came back negative. News Channel 9 reports that Russell, a former highway patrol officer, also officially asked the agency to post lab test results for all DUI arrests in the Tennessee Incident-Based Reporting System (TIBRS) database. He also says he wants to work with the Administrative Office of the Courts on its new $75 million database to make sure dismissed DUI cases are clearly posted, or that the information can be easily given to the public if requested.

After a 16-monthlong investigation, the Justice Department (DOJ) released a report finding that the Memphis Police Department (MPD) and the city of Memphis engage in a pattern or practice of conduct that violates the U.S. Constitution and federal law. According to a press release, the DOJ found that MPD uses excessive force; conducts unlawful stops, searches and arrests; unlawfully discriminates against Black people when enforcing the law; and the city and MPD unlawfully discriminate in their response to people with behavioral health disabilities. The DOJ also identified serious concerns about MPD’s treatment of children, as well as deficiencies in policy, training, supervision and accountability that contribute to MPD’s and the city’s unlawful conduct. This morning, the city of Memphis published letters from Mayor Paul Young and Interim Police Chief C.J. Davis that acknowledged some of the DOJ's findings but also noted progress has been made on some of the issues. The city has notified the DOJ that it will not enter into negotiations for, or sign, a consent decree, reports the Daily Memphian. The DOJ said it could possibly sue the city and file an injunction, forcing negotiations, but did not commit to taking that step yet, according to the Commercial Appeal.

The third annual "Raising the Bar" program, produced by the TBA Women in the Profession Committee, took place yesterday at Baker Donelson's Nashville offices. Keynote speaker Megan Barry, former mayor of Nashville, discussed her new book “It's What You Do Next: The Fall and Rise of Nashville's First Female Mayor.” Following her address, a series of panels focused on personal and professional transitions for attorneys, with notable speakers including Chancellor Anne Martin, retired Judge Bernice Donald, retired Chancellor Ellen Lyle, Casey Duhart, Paul Ney, Judge Khadija Babb and Kisha Cheeks. The program concluded with a session on career development and a one-hour attorney well-being session. The day also provided ample networking opportunities, including a breakfast and reception. Thanks to sponsor Lewis Thomason and to Baker Donelson for hosting the event. See photos from the day.