TBA Law Blog


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Posted by: Azya Thornton on Oct 4, 2024
News Type: Legal News

The TBA’s Animal Law Section held its annual forum today at the Nashville Zoo. Attendees heard from experts on issues affecting veterinary clinics and topics related to pet and animal liability, regulations and oversight in animal research, the veterinary client-patient relationship, pet trusts and more. Attendees also had the opportunity to explore the zoo during lunch and get to know two of the zoo’s residents — a python and anteater. See photos from the event.

Posted by: Liz Slagle Todaro on Oct 4, 2024

Hurricane Helene has become one of the deadliest storms in the U.S., with over 200 deaths and hundreds still missing across six states, according to the Washington Post. The American Bar Association shared updates and ways to help across the entire region. The TBA continues to work closely with Tennessee Alliance for Legal Services (TALS), other partner organizations and government agencies on the provision of free civil legal services for those affected by Helene, including legal clinics. In Tennessee, the TALS 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: Stacey Shrader Joslin on Oct 4, 2024
News Type: BPR Actions

Shelby County lawyer Cynthia Jeanne Tobin received a public censure from the Tennessee Supreme Court on Oct. 3. As a certified estate planning specialist, Tobin provided estate planning services for a client, including drafting multiple living trusts. At the client’s request, Tobin listed herself as the beneficiary of a gift of $30,000 and a necklace. The court found that Tobin did not advise the client of ethics restrictions against such a bequest and did not decline to represent the client to avoid ethical issues. Instead, she listed her law partner as the drafter of the documents without his knowledge. Her actions were determined to violate Rules of Professional Conduct 1.8(c), 1.16(a)(1), 2.1, 4.1(a) and 8.4(c).

Posted by: Stacey Shrader Joslin on Oct 4, 2024
News Type: BPR Actions

Schyler M. Cox was censured by the Tennessee Supreme Court on Oct. 3 for falsely claiming her work hours. At the time of the violation, Cox was working remotely from South Carolina for a company that places attorneys to work in full-time positions as in-house counsel. The company required employees to submit weekly timesheets confirming completion of required hours. During a seven-week period, Cox was unable to complete any work due to personal issues, but submitted timesheets falsely claiming she worked the required hours. Her actions were determined to violate South Carolina Rules of Professional Conduct 8.4(b), 8.4(c) and 8.4(d).

Posted by: Azya Thornton on Oct 4, 2024

TBA is partnering with Belmont College of Law, the Nashville Public Library, Tennessee Alliance for Legal Services and Vanderbilt School of Nursing to hold a power of Attorney clinic on Oct. 5, from 10 a.m. to 2 p.m. CDT at the Bordeaux Library Branch, 4000 Clarksville Pk., Nashville 37218. The clinic will offer assistance with drafting simple wills, powers of attorney (POAs) and advanced health care directives. Flu shots will also be available for individuals 18 or older, with no registration required. Contact Ginny Blake at ginny.blake@belmont.edu with questions.

Posted by: Azya Thornton on Oct 4, 2024
News Type: Legal News

A federal jury in Memphis late yesterday found three former Memphis Police Department (MPD) officers guilty of various federal felonies related to the beating and subsequent death of Tyre Nichols, the Associated Press reports. Tadarrius Bean, Demetrius Haley and Justin Smith were all convicted of witness tampering related to a cover-up of the beating, but Bean and Smith were acquitted of civil rights charges. Haley was acquitted of violating Nichols’ civil rights causing death, but he was convicted of the lesser charge of violating his civil rights causing bodily injury. All three were taken into custody. A hearing will be held Monday to determine if they should be released on bond prior to sentencing. A sentencing hearing is set for Jan. 22, 2025, the Commercial Appeal reports. According to a press release from the Department of Justice, the defendants’ supervising lieutenant as well as MPD officers who trained the defendants on use of force all testified that Nichols posed little or no threat to officers and that the use of force was inconsistent with MPD training and policy.

Posted by: Stacey Shrader Joslin on Oct 4, 2024
News Type: Legal News

More than 100 large companies from the technology, pharmaceutical, automotive and other sectors are urging federal courts to increase disclosure on outside funders backing lawsuits. The group is urging the U.S. Judicial Conference to adopt a nationwide rule requiring disclosure of third-party litigation funding in lawsuits, Bloomberg Law reports. In July, Rep. James Comer, R-Kentucky, chair of the U.S. House Committee on Oversight and Accountability, urged the conference to review the role of litigation finance, including considering transparency rules and mandatory disclosure of outside funding in federal lawsuits.

Posted by: Stacey Shrader Joslin on Oct 4, 2024
News Type: Legal News

When a federal judicial panel dismissed a challenge to Tennessee's redistricting plans for the U.S. House of Representatives and state Senate, it gave the plaintiffs 30 days to refile an amended complaint. The panel had found that while the maps were consistent with "racial gerrymander," they also were "consistent with a political gerrymander." The judges said the group, including the NAACP, would need to provide stronger evidence that legislators knew the maps would harm Democratic voters, including minority voters. The Associated Press reports on the decision not to refile. The refiling period expired Wednesday with official dismissal of the case.

Posted by: Stacey Shrader Joslin on Oct 4, 2024
News Type: Upcoming

The city of Memphis has designated Front Street between Poplar Avenue and Beale Steet as “Judge Bernice Bouie Donald Street” and will celebrate the naming at a ceremony on Oct. 19. The event will take place at the Renasant Convention Center, Lower Ballroom at 11 a.m. CDT. Honorary signage will be installed along the route paying tribute to Donald’s trailblazing career. Donald retired from the U.S. 6th Circuit Court of Appeals last year and has joined the Memphis law firm of Burch, Porter and Johnson. The firm held an event honoring the street naming in July and has more information about the event later this month. View the invitation.

Posted by: Stacey Shrader Joslin on Oct 4, 2024
News Type: Disaster Response

Gov. Bill Lee and Federal Emergency Management Agency (FEMA) officials yesterday addressed rumors circulating on social media that donations for Helene survivors were being confiscated. “There’s a lot of misinformation,” Lee said. “In fact, there’s some belief and understanding that it’s coming from foreign sources just to confuse on the ground what’s happening here. There’s no confiscation of supplies or of products coming in from FEMA or TEMA [Tennessee Emergency Management Agency].” WSMV News has more on the comments and suggestions for items that are needed in Tennessee’s Cocke County. Items may be dropped off at the distribution center at the old Walmart on 613 West Broadway St. in Newport 37821.


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