TBA Law Blog


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Posted by: Stacey Shrader Joslin on Nov 14, 2024
News Type: Passages

Former U.S. Solicitor General and longtime Gibson Dunn partner Ted Olson died yesterday at the age of 84. Olson served under two Republican presidents, arguing 65 cases before the U.S. Supreme Court. He was an assistant attorney general during President Ronald Reagan’s first term and solicitor general for President George W. Bush. He was named to the post after being central to Bush’s win in the 2000 Florida presidential election recount dispute. In private practice, Olson prevailed in several key court decisions, including challenging limits on political giving, challenging the Trump administration’s decision to rescind the Deferred Action for Childhood Arrivals (DACA) program, and challenging a California state ban on same-sex marriage. Speaking of that case, Olson later said it was the most important thing he had done “as an attorney or a person.” The Associated Press has more on his life and career.

Posted by: Stacey Shrader Joslin on Nov 14, 2024
News Type: Legal News

During recent budget hearings, Gov. Bill Lee addressed the need to fill correctional officer roles. According to Lee, Tennessee prisons are experiencing a 26% vacancy rate in these positions with 651 current vacant positions. There were 1,200 officers hired this year; however, high turnover rates have left prisons struggling with long-term retention, WSMV reports. Lee floated the idea of setting up a retention specialist in each prison to help officers transition from the training academy to the job. He also announced that in about a month, the Northwest Correctional Complex in Tiptonville will begin a pilot program to shuttle employees from larger cities to the facility.

Posted by: Stacey Shrader Joslin on Nov 14, 2024
News Type: Legal News

The Tennessee Bureau of Investigation (TBI) is sounding the alarm about a Venezuelan gang it says is operating in major cities across Tennessee, News 5 reports. In its budget request to the governor, the agency warned about the rising threat of Tren de Aragua, a violent criminal group. "We know they are on a pathway to more violence," TBI Director David Rausch said at a budget hearing on Tuesday. "They are back in all our major cities. They are running human trafficking operations." Rausch said the gang was first identified in the state years ago in a human trafficking bust but many of the members fled after the operation. He said there's been no sight of them since until recently.

Posted by: Stacey Shrader Joslin on Nov 14, 2024
News Type: TBA CLE

TBA Young Lawyers Division’s Rookie Series will be back next month with a new installment. Join colleagues on Dec. 13 for Personal Injury Law Part 2. The live one-hour webcast will start at noon CST and provide insights into handling more difficult personal injury cases. Topics include complex liability scenarios, strategies for catastrophic injury claims, and advanced litigation techniques such as motions in limine, effective deposition strategies and expert witness challenges. The program will wrap up with a session on navigating difficult negotiations while maintaining professional integrity. Those who missed Personal Injury Law Part 1 can catch up here.

Posted by: Stacey Shrader Joslin on Nov 14, 2024

Registration is now open for the next free advice clinic for Black-owned small businesses and nonprofits, set for Nov. 21 in Nashville. The clinic, sponsored by the Arts & Business Council's Volunteer Lawyers & Professionals for the Arts and Bradley, provides assistance with business formation and corporate governance, review of contracts and guidance in navigating local ordinances and state regulations. Prospective clients should register by Nov. 18. Attorneys should email vlpa@abcnashville.org to volunteer.

Posted by: Azya Thornton on Nov 13, 2024
News Type: Legal News

The Governor’s Council for Judicial Appointments will consider three applicants when it meets next month to select nominees for a vacancy on the Tennessee Court of Appeals, Eastern Section. They are: Sevierville lawyer Bryce W. McKenzie, Greeneville lawyer Willie Santana and Knoxville lawyer Steven W. Sword. A public hearing is scheduled for Dec. 5 at 10:30 a.m. EST in the courtroom of the Tennessee Supreme Court Building, 505 Main St., Knoxville 37902. Any member of the public may attend the hearing and can express, orally or in writing, objections concerning applicants for the vacancy. Following the interviews, public hearing and deliberations, the council will vote on which candidates to forward to the governor. More information on the applicants is available in a release from the Administrative Office of the Courts.

Posted by: Azya Thornton on Nov 13, 2024

A panel of Tennessee lawmakers is examining the state's bail bond system and GPS monitoring. According to Action News 5, it was a key topic in the Senate on Tuesday, as it is an issue in all 95 counties in Tennessee. A group of criminal court judges submitted nine areas of concern to the Senate Bail Task Force regarding the bail system and GPS monitoring. Lawmakers on the task force are seeking ways to streamline communication and share information to ensure offenders follow bond conditions and law enforcement is aware of them. This action comes after a Mississippi woman was killed allegedly by her ex-boyfriend while he was out on bond with strict conditions to stay in Davidson County, though those conditions were not followed. The task force is expected to issue a report on its findings from this hearing by January.

Posted by: Azya Thornton on Nov 13, 2024
News Type: Legal News

Personal and business bankruptcy filings rose 16.2% this year compared to 2023, according to statistics released by the Administrative Office of the U.S. Courts. Business filings increased 33.5% in 2024, while non-business bankruptcy filings rose 15.5%. Bankruptcy totals for the previous 12 months are reported quarterly. According to the report, total filings steadily declined for more than a decade, from a high of nearly 1.6 million in September 2010 to a low of 380,634 in June 2022. Filings have increased each quarter since then, but they remain well below historical highs.

Posted by: Azya Thornton on Nov 13, 2024
News Type: Disaster Response

Gov. Bill Lee announced in a press release an extension of the Federal Emergency Management Agency (FEMA) Individual Assistance program application deadline for Tennessee residents affected by Tropical Storm Helene. Survivors now have until Jan. 7, 2025, to apply for federal disaster assistance. Survivors in Carter, Cocke, Greene, Hamblen, Hawkins, Johnson, Unicoi and Washington counties are eligible to apply for Individual Assistance to cover temporary housing, essential home repairs, personal property loss and other disaster-related expenses not covered by insurance. Survivors can apply for Individual Assistance online or can call 1-800-621-3362 from 7 a.m. to midnight EDT with multilingual operators available.

Posted by: Azya Thornton on Nov 13, 2024
News Type: Disaster Response

Gov. Bill Lee announced that he and Tennessee Attorney General Jonathan Skrmetti will investigate whether Tennesseans were discriminated against during relief work by the Federal Emergency Management Agency (FEMA) in the aftermath of Hurricane Helene. According to WSMV, the investigation follows a report that one of FEMA's employees advised her disaster relief team to avoid homes displaying signs supporting President-elect Donald Trump in Florida after Hurricane Milton. A FEMA spokesperson said the agency is “deeply disturbed by this employee’s actions,” and the incident is under investigation.


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