TBA Law Blog


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Posted by: Stacey Shrader Joslin on Oct 18, 2024
News Type: U.S. Supreme Court

The U.S. Supreme Court this week tackled a case involving a man who was fired from his job as a commercial truck driver for failing a drug test after taking CBD, which he said was falsely sold as lacking the psychoactive ingredient present in marijuana. The court declined to put on hold a new EPA rule targeting carbon pollution from coal- and gas-fired power plants. The justices also gave a Texas citizen journalist a new chance to sue over her arrest, and ordered a new look at Pennsylvania youth gun restrictions.

Posted by: Azya Thornton on Oct 18, 2024
News Type: Legal News

The Tennessee Department of Corrections 2024 Annual Report shows the state’s prisons are more understaffed and violent than before the pandemic. According to The Tennessean, the report shows the number of guard posts left unfilled increased last year after falling from a high in 2021. Parole and probation officer positions had a much lower vacancy rate in Fiscal Year 2024, but now is the highest it has been since 2014, the earliest year statistic are available. Employment data from Tennessee’s four privately managed prisons are not included in the department’s reporting. In addition, the report found that in all Tennessee prisons, including those privately managed, there were more assaults reported last fiscal year than in any year since 2015.

Posted by: Stacey Shrader Joslin on Oct 18, 2024
News Type: Election 2024

Voters at 10 to 12 early voting sites in Shelby County reportedly have complained about problems getting touch-screen voting machines to show the candidate they voted for, the Daily Memphian reports. According to Action News 5, Shelby County members of the Legislative Democratic Caucus held a press conference Thursday evening to address the reports. The Shelby County Election Commission refuted claims that any irregularities have occurred, but instructed election officials at all of the sites to make styluses available to all voters. Shelby County Elections Administrator Linda Phillips said in a statement that, "To date, no voting irregularities have been identified." She encouraged voters to "carefully review their ballot before casting it." If voters have concerns, they should request assistance from election officials at the site and not leave the location until they are satisfied they have been able to vote for their choices in all of the races and referendums on the ballot.

Posted by: Azya Thornton on Oct 18, 2024
News Type: Legal News

Judge S. Curtis Rose recently won a special election to fill the bench of the 2nd Judicial District Circuit Court and was sworn in on Aug. 29 with his family attending the ceremony. "I enjoyed the opportunity to have my family there with me for that moment," Rose said. "One of the special moments that occurred was that my 94-year-old grandmother was able to attend and was also able to vote for her grandson in an election." His grandmother expressed her joy and pride, reminiscing about Judge Rose's grandfather and father, both of whom she said would have been proud of this milestone. Previously, Rose served as a municipal judge in Kingsport. Read more from the Administrative Office of the Courts.

Posted by: Stacey Shrader Joslin on Oct 18, 2024

The TBA’s 36th Annual Health Law Forum kicked off yesterday in Franklin with a welcome from TBA President Ed Lanquist Jr. The two-day event is the premier health law program in the state, providing essential insights from health law providers, practitioners and regulators. Watch for a full report from the forum in Monday's issue of TBA Today. Lanquist spoke to the group about the opportunity to engage around policy issues that are important to the practice of law in Tennessee. He encouraged those in attendance to connect with TBA's Grassroots Advocacy efforts. One of the primary government affairs issues TBA remains committed to is improving delivery of legal services for indigent clients. The TBA is focused both on securing adequate resources to compensate the lawyers who do this important work and investing in new approaches to improve the indigent representation system in a way that benefits attorneys, the larger justice system and the public.

Posted by: Julia Wilburn on Oct 18, 2024
News Type: Legal News

A three-judge panel, made up of Nashville Chancellor Patricia Head Moskal, 10th Judicial District Judge Sandra Donaghy and 25th Judicial District Chancellor Kasey Culbreath, on Thursday issued a ruling specifying certain conditions that fall under an exception for medical emergencies in Tennessee's law prohibiting abortion, reports the Tennessean. The ruling also blocks the state from taking disciplinary action against physicians for performing medically necessary abortions covered by the exceptions, which include previable preterm premature rupture of membranes and fatal fetal diagnoses that lead to maternal health conditions. The panel heard arguments in April on whether to issue the temporary injunction blocking the state's abortion ban for women who are suffering severe pregnancy complications or facing cases of lethal fetal conditions.

Posted by: Azya Thornton on Oct 18, 2024
News Type: Legal News

Buck Orrison from TBA's Member Insurance Solutions sat down with TBA’s Communications Coordinator Azya Thornton and answered members' questions regarding group health insurance in a recorded webinar. Enrollment for TBA's group health insurance is open now through Dec. 13.

Posted by: Stacey Shrader Joslin on Oct 18, 2024
News Type: Upcoming

The University of Memphis Law Review will host its 2025 symposium "The Ripple Effect: Examining the Supreme Court's Impact on the Public's Confidence in the Judicial Branch" on Feb. 21 at the law school. The event will explore issues related to public trust in the courts, including judicial transparency and challenges practitioners face in adhering to changes in common law doctrine. For more information, contact Senior Symposium Editor Megan Stillwell at mnstllwl@memphis.edu

Posted by: Liz Slagle Todaro on Oct 17, 2024

In the wake of Hurricane Helene, organizations that serve victims of natural disasters are continuing to provide updated resources. The National Consumer Law Center has updated some of its natural disaster resources, including free publications for advocates assisting victims of natural disaster and others working to rebuild. In Tennessee, the Tennessee Alliance for Legal Services' website Help4TN and helpline 844-HELP4TN are always available and have specific resources and legal support for storm survivors. Lawyers from across the state are invited to complete this online form to volunteer to help disaster survivors. The TBA Disaster Resources page offers general information for those impacted by disasters, as well as those seeking to provide assistance. The TBA's Helene Disaster Response page has information and resources specific to this disaster.

Posted by: Azya Thornton on Oct 17, 2024
News Type: Legal News

The U.S. 6th Circuit Court of Appeals delivered a ruling Friday that temporarily halted two permits needed to begin construction on a pipeline project proposed to fuel the Tennessee Valley Authority’s (TVA) combined-cycle natural gas facility at the site of the coal-fired Cumberland Fossil Plant that is being retired, the Associated Press reports. The panel's split 2-1 decision prevents Tennessee Gas Pipeline Company LLC from starting to build the 32-mile pipeline through Dickson, Houston and Stewart counties, which was reported to start as soon as this week. TVA’s plans to open more natural gas plants have brought opposition from advocates seeking a redirection from fossil fuels and into solar and other renewable energy. The case is set for oral arguments on Dec. 10. 


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