TBA Law Blog


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Posted by: Azya Thornton on Dec 4, 2024
News Type: TBA CLE, Year End CLE

As part of its year end CLE event, the TBA is offering the Ultimate Ethics Package, a convenient way to fulfill annual CLE requirements. The package includes a variety of ethics-related courses, including ethics updates, law practice management and attorney wellness. Take advantage of this opportunity to earn eight dual hours of CLE credit before the end of the year. Interested in something else? See all package options or build your own any time by visiting cle.tba.org to access more than 200 on-demand courses.

Posted by: Azya Thornton on Dec 4, 2024
News Type: TBA CLE

The TBA's International Law & Practice Section will host a webcast on Dec. 9 from noon to 1 p.m. CST to discuss how the U.S. Department of Commerce's Commercial Service assists U.S. companies with exports and foreign direct investment. The webcast will explore the agency's global network and its role in promoting U.S. economic interests and addressing unfair trade practices. Hear from Brie Knox, who manages the Commercial Service's three Tennessee offices in Nashville, Memphis and Knoxville. For more information and to register, visit TBA’s website.

Posted by: Stacey Shrader Joslin on Dec 3, 2024
News Type: Legal News

The Nashville law firm of Stranch, Jennings & Garvey PLLC has announced that its suit against Gerber Life Insurance Company has been granted national class action certification. The suit, which alleges the company used deceptive naming and marketing to push its Grow-Up Plan and College Plan, seeks damages for all individuals who purchased plans dating back to April 2014. Specifically, the suit alleges that the company lead parents and grandparents to believe the plans were affordable ways to build a nest egg for their child or grandchild, but really locked consumers into a guaranteed loss, only providing any net value if the child died. According to the firm, the entire class includes over two million people who paid Gerber more than $700 million in premiums.

Posted by: Stacey Shrader Joslin on Dec 3, 2024
News Type: Legal News

The Tennessee Court of Appeals recently dismissed a lawsuit brought against the city of Memphis over a backlog of more than 12,000 untested rape kits, the Commercial Appeal reports. A second ruling, issued the same day, also reversed a ruling from the Shelby County Circuit Court that a group of women could convert the suit into a class action. Three women initially sued the city due to the backlog. A third woman eventually joined the lawsuit with claims from the 1990s. Issues in the case centered on whether the city could be held liable under the Governmental Tort and Liability Act (GTLA) and whether the state’s lack of an equitable tolling statute or class action tolling statute disallowed the claim. The appeals court found that claims brought under the GTLA required “strict compliance” with its terms, including a statute of limitations. Read the opinion.

Posted by: Stacey Shrader Joslin on Dec 3, 2024
News Type: Legal News

A group that unsuccessfully opposed Nashville Mayor Freddie O’Connell’s transit referendum ahead of the November election now has filed suit to declare that vote void. In the suit, which was filed in Davidson County Chancery Court, the Committee to Stop an Unfair Tax and Emily Evans, the group’s chair, contend that the proposal violates state law by offering to pay for things that go beyond the scope of public transit, like sidewalks and signals. The Nashville Banner has more on the suit.

Posted by: Stacey Shrader Joslin on Dec 3, 2024

Nashville lawyer Karla Campbell, who was nominated to the U.S. 6th Circuit Court of Appeals by President Joe Biden earlier this year, will not get a confirmation vote in the U.S. Senate before Biden’s term ends. The Tennessean reports that a deal struck by Democratic and Republican senators will allow for votes on several trial court nominees but put four appellate court nominations on hold. The other appellate nominees are Adeel Mangi, who was up for a seat on the Philadelphia-based 3rd Circuit Court of Appeals; Julia Lipez, who was nominated to the Boston-based 1st Circuit Court of Appeals; and Ryan Park, up for a seat on the Richmond, Virginia-based 4th Circuit Court of Appeals.

Posted by: Stacey Shrader Joslin on Dec 3, 2024
News Type: Politics

Current state Democratic Party Chair Hendrell Remus has decided not to seek a third term, leading to three candidates vying for the post, the Tennessee Journal reports. Those seeking the position are state Reps. Vincent Dixie, D-Nashville, and Gloria Johnson, D-Knoxville, and party vice chair Rachel Campbell of Chattanooga. Party chairs lead the state party on strategy, oversee staffers and are involved in their party’s national committee. The 66-member state Democratic Executive Committee will choose Remus’ successor on Jan. 25.

Posted by: Stacey Shrader Joslin on Dec 3, 2024

Tennessee House Republicans reelected their leadership team at a caucus retreat last week, the Tennessee Journal reports. Members voted to renominate Speaker Cameron Sexton of Crossville for his fourth term and retain Majority Leader William Lamberth of Portland, Caucus Chair Jeremy Faison of Cosby and Whip Johnny Garrett of Goodlettsville. They were all unopposed. In the one contested race, Dickson Republican Jody Barrett’s bid to challenge Paul Sherrell of Sparta for floor leader fell short with Barrett receiving only 18 votes.

Posted by: Stacey Shrader Joslin on Dec 3, 2024
News Type: Disaster Response

In an email from the Washington County Bar Association, Erwin attorney Lois B. Shults-Davis writes about the continuing needs of East Tennessee residents impacted by Hurricane Helene. She notes that at least four law officers have lost their homes and/or vehicles; one former longtime EMS worker lost his home; at least one court worker lost a home; and multiple attorneys in Elizabethton had flood damage to their offices. She praises the support that has been “poured on Unicoi, Carter and Washington counties” and asks colleagues to consider donating an hour, day, week or more of income to the Unicoi County Bar Association to continue revitalization efforts. The association will make resources available to those who have sustained substantial loss of homes, cars and businesses. Read the full message or contact Shults-Davis at 423-743-9179 for more information.

Posted by: Stacey Shrader Joslin on Dec 3, 2024

The U.S. Supreme Court will hear oral arguments tomorrow in a case challenging the constitutionality of Tennessee’s ban on transgender procedures and treatments for minors. Arguments will begin at 10 a.m. EST. Tennessee Solicitor General Matt Rice will defend the law before the court while Attorney General Jonathan Skrmetti will speak to the media following the proceeding. Opposing the law will be American Civil Liberties Union lawyer Chase Strangio, the first openly transgender attorney to represent clients before the nation’s highest court. The Associated Press reports that Strangio has been instrumental in several trans-related legal battles, including representing former Army Intelligence analyst Chelsea Manning, challenging a ban on transgender people serving in the military, and assisting with an LGBT worker discrimination case that went to the high court. Strangio will share time with lawyers for the Biden administration, Bloomberg Law reports. An audio recording of the arguments will be available on the court’s website after the session.


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