TBA Law Blog


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Posted by: Stacey Shrader Joslin on Jul 31, 2024
News Type: Legal News

Allegations of discrimination within the federal judiciary involving employees' race, gender or other characteristics rank as the top issue in complaints of wrongful workplace conduct from 2020 to 2022, according to a report by the Government Accountability Office (GAO). The study also found that race was the number one focus of discrimination and harassment complaints, followed by gender, disability and age. GAO notes that unlike other federal workers, judicial employees are not covered by federal anti-discrimination laws. Instead, claims of workplace misconduct are handled by the courts' internal employment dispute resolution systems. Retuers reports on the study.

Posted by: Stacey Shrader Joslin on Jul 31, 2024
News Type: Upcoming

The Anderson County Bar Association is hosting a celebration on Aug. 30 to thank Chancellor Jamie Brooks for serving as interim chancellor since Nichole Cantrell stepped down. The event will take place from 10-11 a.m. EDT at the Anderson County Chancery Court. Coffee and light snacks will be provided. View the invitation.

Posted by: Stacey Shrader Joslin on Jul 31, 2024

The Tennessee Supreme Court has ruled that a person who bought property near downtown Nashville, but failed to record the deed, could not gain full ownership under a legal doctrine known as “adverse possession.” Under that process, someone who may not own property but possesses it for a certain number of years may gain full ownership of it. After reviewing its precedents regarding the adversity requirement, the court held that adversity requires either a conflict of title or controversy regarding the right of possession. The decision reversed the Court of Appeals and reinstated the chancery court’s judgment. Chief Justice Holly Kirby dissented from the majority opinion, arguing that under longstanding property law, the court should have given the purchaser full ownership of the property. Read more in a release from the Administrative Office of the Courts.

Posted by: Stacey Shrader Joslin on Jul 31, 2024
News Type: Your Practice

Working away from the office (or home) means accessing a network you don’t control. VPN services create an encrypted, secure link between your device and the provider’s servers. No one physically near you (or even on the same network) can spy on your communications. Compare functionality and features with this chart. Find this and more in the Building a Firm section of TBA’s Law Firm in a Box.

Posted by: Julia Wilburn on Jul 30, 2024
News Type: Legal News

The Memphis City Council on Tuesday approved three ballot questions that could establish local gun control legislation. If it passes, the referendum would amend the city's charter. The Commercial Appeal reports that the first question is about handguns, carry permits and storage. Question two focuses on assault weapons and carry permits, and question three would create an extreme order of protection — often referred to as a red flag law — in the city charter.

Posted by: Azya Thornton on Jul 30, 2024
News Type: Legal News

A new analysis by the Council of Criminal Justice found homicides and violent crimes in Nashville have declined this year compared to 2023, but remain notably higher than pre-pandemic levels. Also, while violent crime has decreased in the city, mirroring national trends, motor vehicle thefts have surged since 2019. According to The Tennessean, Chattanooga was the only other Tennessee city included in the study and it saw a 7% rise in homicides compared to last year as well as an increase in motor vehicle thefts. The report suggests departments adopt research-based public safety strategies to reduce crime.

Posted by: Azya Thornton on Jul 30, 2024
News Type: Legal News

Korbein Schultz, a Fort Campbell sergeant charged with selling U.S. military secrets to China, plans to plead guilty, as revealed in a recent court document. Schultz, who was an Army intelligence analyst, faces a six-count indictment including charges of unlawful export of defense articles, conspiracy and bribery. He was accused of selling sensitive military information and receiving $42,000 in return. His plea hearing is scheduled for Aug. 13. Another Fort Campbell officer, Lt. Col. Frank Ross Talbert, faces unrelated charges for illegally importing firearms and violating gun laws. His trial is set for January 2025. The Tennessean has the story.

Posted by: Julia Wilburn on Jul 30, 2024
News Type: Legal News

The U.S. Department of Justice (DOJ) recently filed a lawsuit against Erlanger Hospital in Chattanooga alleging that it violated the Stark Law, a federal anti-kickback statute that also prevents giving favored treatment to physicians. Two former Erlanger executives, Chief Compliance Officer Alana Sullivan and Chief Financial Officer Britt Tabor, filed a whistleblower lawsuit in April 2021, which was unsealed earlier this year, accusing Erlanger of filing false insurance claims using the illegal self-referral process to government payers, including Medicare and Medicaid. News Channel 9 has the story.

Posted by: Azya Thornton on Jul 30, 2024
News Type: Congressional News

U.S. Rep. Mark Green has been named one of 13 lawmakers to serve on a bipartisan task force investigating the attempted assassination of former President Donald Trump. The task force will explore the U.S. Secret Service's security measures and the circumstances allowing a gunman to open fire at a political rally. Rep. Mike Kelly of Pennsylvania will chair the task force and says he hopes to “utilize the collective power of Congress as a tool to dig deeper and find the facts.” A final report from the group is expected by Dec. 13, with interim findings to be released as the investigation progresses. The Hill has more on the task force. Green, a Republican, represents Tennessee's 7th Congressional District.

Posted by: Julia Wilburn on Jul 30, 2024
News Type: Legal News

Stephen Ross Johnson, a criminal defense trial and appellate attorney with Ritchie, Davies, Johnson & Stovall in Knoxville, was sworn in as second vice president of the National Association of Criminal Defense Lawyers (NACDL) at the group's annual meeting held Saturday in Seattle. Johnson is a past president of the Tennessee Association of Criminal Defense Lawyers, past chair of the TBA's Criminal Justice Section and former associate general counsel for the TBA. He also served on the board of the Knoxville Bar Association. Johnson is the founding past president of the Tennessee Innocence Project, and was involved in the drafting process and policy advocacy resulting in the passage of Tennessee’s Post-Conviction DNA Analysis Act of 2001 and Post-Conviction Fingerprint Analysis Act of 2021. Read more a press release from the NACDL.


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