TBA Law Blog


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Posted by: Stacey Shrader Joslin on Jun 6, 2024
News Type: Legal News

The American Civil Liberties Union has announced plans to sue the White House over President Biden's new executive order that would close off access to asylum when border numbers surge, Axios reports. "A ban on asylum is illegal just as it was when Trump unsuccessfully tried it," Lee Gelernt, who successfully argued a similar challenge under former President Trump, told the news source. Government officials say humanitarian exemptions and the fact that the asylum restrictions only lock into place when border numbers surge make Biden's order different from similar actions attempted by Trump via executive order.

Posted by: Stacey Shrader Joslin on Jun 6, 2024
News Type: Legal News

The legacy of former Court of Appeals Judge Richard H. Dinkins will live on through the Judge Dinkins Educational Center (JDEC), Executive Director Tim Forbes writes in the Tennessean. The center, which will open ithis fall, is designed to be a diversionary trade school for youth in the juvenile courts. It will offer pre-construction and pre-apprenticeship programs in the trades of carpentry, electrical, plumbing and welding. After completing the program, students will work toward a journeyman’s license. “Naming [the center] for Judge Dinkins, a man who spent his professional life continually looking to give others an opportunity for growth and redemption, is appropriate and an honor,” Forbes writes. Dinkins died in October 2023.

Posted by: Stacey Shrader Joslin on Jun 6, 2024
News Type: TBA CLE

The TBA’s Court Square Series is back with a program planned in Jackson on June 28. Come hear from General Sessions Judge Christy Little, Nashville-area lawyer John Day, and Jackson lawyers Nancy Choate and Kortney Simmons. The Court Square Series is intended to bring top speakers to local legal communities and foster relationships and collegiality among lawyers across the state.

Posted by: Stacey Shrader Joslin on Jun 5, 2024
News Type: Legal News

The American Bar Association (ABA) issued a statement today opposing the executive order issued this week by President Joe Biden to limit asylum claims when border encounters exceed a seven-day average of 2,500 and until the numbers fall below 1,500. The group says the rule “violates critical provisions of the Immigration and Nationality Act, international law and due process … jeopardizes the safety of thousands of vulnerable individuals and families on both sides of the border and diminishes America’s longstanding role as a sanctuary for the oppressed.” Read the full statement.

Posted by: Stacey Shrader Joslin on Jun 5, 2024
News Type: Legal News

Headshot of John MurphyThe Tennessee Bar Foundation has announced that Nashville lawyer John Murphy will serve as its new executive director beginning July 1. Murphy will replace longtime director Barri Bernstein, who announced in January she would retire. Bernstein will continue on as a consultant for the next year to ensure continuity of programs. Murphy brings a diverse professional background to the position, including legal practice, nonprofit management and public service. He most recently served as senior advisor for economic inclusion at the Metropolitan Government of Nashville & Davidson County. He has been an active member of the TBA, serving on the Young Lawyers Division Board as sponsorship chair.

Posted by: Stacey Shrader Joslin on Jun 5, 2024
News Type: Legal News

The Nashville Business Journal has awarded its 2024 Lifetime Achievement distinction to Nashville lawyer David Tarpley, the lead attorney for housing and consumer law at Legal Aid of Middle Tennessee and the Cumberlands. Tarpley graduated from Vanderbilt University Law School in 1971 and joined Legal Aid Society the same year, becoming managing attorney of the consumer section in 1974. He has served on the board of directors for Consumer Credit Counseling Service of Middle Tennessee for more than two decades and has won numerous awards and recognition, including the TBA’s Public Service Attorney of the Year in 1997 and a lifetime achievement award from the Tennessee Alliance for Legal Services in 2021. An interview with Tarpley will appear in the journal’s July 26 print issue.

Posted by: Stacey Shrader Joslin on Jun 5, 2024
News Type: Legal News

Online legal services site LegalZoom.com Inc. has been hit with a new class action suit claiming it engages in the unauthorized practice of law. The suit was brought on behalf of New Jersey residents who purchased products and services from the company in the past six years. The complaint argues that LegalZoom performs functions that can be defined as the practice of law and because LegalZoom does not fit the statutory definition of a professional service corporation and because its owners include nonlawyers, it is engaging in the unauthorized practice of law. The company has faced such claims before. It previously reached an agreement with the North Carolina Bar Association and settled a suit brought by Missouri consumers. Law.com has more on the suit.

Posted by: Stacey Shrader Joslin on Jun 5, 2024

Tennessee state and local leaders recently gathered to honor retiring State Rep. Curtis Johnson, R-Clarksville. Johnson announced last year he would not seek re-election when his term in the Tennessee House of Representatives expires in November. Johnson has served as a state legislator since 2004, including a stint as deputy speaker. Among those attending the event were Tennessee Secretary of State Tre Hargett, Treasurer David Lillard Jr. and Comptroller Jason Mumpower; Montgomery County Mayor Wes Golden; Clarksville Mayor Joe Pitts; and several fellow lawmakers. Main Street Clarksville has more on the story and photos from the event.

Posted by: Stacey Shrader Joslin on Jun 5, 2024

Rep. Vincent Dixie, D-Nashville, has asked Attorney General Jonathan Skrmetti to issue a legal opinion on whether Donald Trump can be on the ballot in November following the former president’s conviction last week. Dixie argues that a state law barring those convicted of an “infamous crime” from running for office could apply in this case. WDEF has a copy of the letter. The Nashville Banner reports in its newsletter that the Secretary of State’s Office is dismissing the idea.

Posted by: Stacey Shrader Joslin on Jun 5, 2024
News Type: Legal News

Shelby County District Attorney General Steve Mulroy recently sat down with The Daily Memphian for its “Behind The Headlines” show. During the program, Mulroy said it is unclear how a new state law outlawing consideration of a defendant’s ability to pay when setting bail will work, and suggested it could be challenged in court as unconstitutional. He did express support for two other bail measures the Tennessee General Assembly passed in its most recent session. Mulroy also expressed support for proposed gun reform measures, including increasing penalties for possessing a switch device and an upcoming Memphis ballot referendum which would outlaw assault rifles in city limits. He also argued that Memphis should be carved out of the state’s permit-less carry law given the urban environment and “epidemic of guns.”


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