TBA Law Blog


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Posted by: Azya Thornton on Aug 14, 2024
News Type: Legal News

A new congressionally directed study says the federal judiciary should consider awarding monetary damages to employees who are the victims of workplace misconduct at the hands of judges, and increase transparency about how courts address worker complaints, Reuters reports. The report by the judiciary's research arm and a congressionally chartered academic institution outlines a series of proposals. Federal courts nationally are inconsistent in how they address workplace complaints and lack a comprehensive system to collect and analyze data about those cases, according to the report. The study also found that nearly 25% of courts' websites are missing required information on how employment disputes are addressed. A spokesperson for the Administrative Office of the U.S. Courts said the office is "committed to fostering an exemplary workplace," adding that a working group was assessing ways to build on recent reforms.

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

Personal information of hundreds of former Shelby County District Attorney’s Office employees was inadvertently distributed via email this past Monday to current employees of the office. The Daily Memphian reports that an emailed spreadsheet contained the names, birthdays and full Social Security numbers of nearly 300 former employees dating back to December 2013. It also included whether the employee was terminated and the cause for termination. The email allegedly came from someone outside of the human relations office. District Attorney General Steve Mulroy said in a statement that the technology department acted quickly to address the issue by recalling the email, identifying those who opened it and retrieving the spreadsheet. The office also is reaching out to former employees to alert them of the incident.

Posted by: Azya Thornton on Aug 14, 2024
News Type: Legal News

Tennessee-based law firm Bass, Berry & Sims has announced a delay in the start date for its incoming class of associates from September to January 2025. The firm is providing stipends to affected attorneys during this period. The decision, reported by Bloomberg Law, is attributed to an uptick in transactional work, and aims to enhance professional development opportunities for both current and incoming associates. The delay follows a similar trend among other law firms that implemented similar measures during the post-pandemic economic downturn. The firm has offices in Knoxville, Memphis, Nashville and Washington, D.C.

Posted by: Azya Thornton on Aug 14, 2024

The Biden administration has asked the U.S. Supreme Court to reinstate its latest student loan forgiveness plan, known as the Saving on a Valuable Education (SAVE) Plan. The emergency appeal, filed on Tuesday, seeks to overturn the U.S. 8th Circuit Court of Appeals' extended block on the student debt relief plan. U.S. Solicitor General Elizabeth Prelogar argued that the SAVE Plan, which aims to reduce monthly student loan payments for millions of borrowers, falls within the Department of Education’s established authority to regulate income-contingent repayment plans, The Hill reports.

Posted by: Azya Thornton on Aug 14, 2024
News Type: Legal News

The death of Lauren Johansen has led to questioning of the handling of domestic violence cases. Advocates argue her death could have been prevented if the cases against the man who allegedly killed her had moved through the Davidson County court system faster. According to The Tennessean, a report by the Metro Office of Family Safety has called for "rocket dockets" to expedite high-risk domestic violence cases. The report cites extended delays between arrest and resolution as a critical factor increasing victim risk. To address this, the report recommends prioritizing such cases, increasing court resources, and implementing risk assessment tools and protective measures like GPS monitoring.

Posted by: Stacey Shrader Joslin on Aug 14, 2024
News Type: BPR Actions

The Tennessee Supreme Court has suspended Shelby County lawyer Larry E. Fitzgerald from the practice of law for four years, with the first two years to be served on active suspension and the remainder on probation. The court took the action based on 12 separate complaints filed by clients. It found that Fitzgerald failed to communicate reasonably with clients, diligently perform work necessary for representation, properly maintain client funds in an IOLTA trust account, keep accurate accounting of funds kept in trust, return unearned client fees, properly conclude representation of clients, and respond to requests for information from the Board of Professional Responsibility. Fitzgerald agreed to a conditional guilty plea acknowledging his conduct violated Tennessee Rules of Professional Conduct 1.3, 1.4, 1.5, 1.15, 1.16 and 8.1(b).

Posted by: Azya Thornton on Aug 14, 2024
News Type: Legal News

A federal jury in Chattanooga has found two former Hamilton County sheriff's deputies not liable in a lawsuit alleging a roadside strip search. The plaintiff, James Mitchell, claimed excessive force and unlawful search during a 2019 traffic stop. Despite dashcam footage showing a deputy striking Mitchell and performing the strip search, the jury ultimately sided with the defendants, Chattanoogan Times Press reports. The verdict concludes a series of legal battles involving the deputies, with multiple lawsuits having been dismissed or settled. The sheriff's office has maintained its innocence in the cases.

Posted by: Azya Thornton on Aug 14, 2024

The Marshall Project reports that the U.S. Supreme Court's decision in Harrington v. Purdue Pharma raises the bar for companies trying to shield their wealth by filing for bankruptcy when faced with lawsuits alleging harm, and could impact the Boy Scouts of America's settlement with sexual abuse victims. In 2020, the Boy Scouts of America filed for Chapter 11 bankruptcy and later agreed to a nearly $2.5 billion settlement to compensate more than 82,000 victims of alleged sexual abuse. The settlement includes releasing police departments from liability for abuse that occurred within the Scouts' Explorer program. As a result, victims of police abuse may have a new opportunity to seek justice. The U.S. 3rd Circuit Court of Appeals is set to decide if and how the decision applies to Scouting America. Livingston Enterprise has the story. 

Posted by: Azya Thornton on Aug 14, 2024

Belmont University College of Law is looking for attorney volunteers for its Free Legal Answers Clinic on Aug. 22 from 5-6:30 p.m. At this clinic, volunteers will be partnered with three to four law students to research and answer questions posted on tn.freelegalanswers.org. Those interested in helping should email Ginny Blake. Attorney volunteers must have a Free Legal Answers Account to participate in the clinic. Please set up an account three to four days before the clinic to make sure your profile is approved in time.

Posted by: Azya Thornton on Aug 14, 2024
News Type: Your Practice

Law school doesn’t teach the business end of law. Good cash flow and bookkeeping are essential. Use this guide to reconcile your firm account bank balances. Find this and more in the Money Management section of TBA’s Law Firm in a Box.


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