TBA Law Blog


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Posted by: Stacey Shrader Joslin on Apr 12, 2024

The Community Legal Center (CLC), which is celebrating its 30th anniversary this year, has two events planned this weekend. On Saturday morning, the CLC and the Memphis City Council will co-host a free estate planning legal clinic. The event will take place from 10:30 a.m. to 12:30 p.m. CDT at the Bert Ferguson Park & Community Center, 8505 Trinity Rd., Cordova 38018. View a flyer for the clinic. Then on Saturday evening, the center will hold its annual fundraising event “Celebrating Everyday People,” set for 7 p.m. at the STAX Recording Museum. Tickets are available here.

Posted by: Stacey Shrader Joslin on Apr 12, 2024
News Type: Legal News

A U.S. judicial panel has endorsed a proposed rule that would, for the first time, govern federal mass torts cases. The rule, unanimously approved by the U.S. Judicial Conference's Advisory Committee on Civil Rules, aims to give judges overseeing federal multidistrict litigation (MDLs) guidance on how to conduct early case management when they are tasked with overseeing hundreds or thousands of lawsuits. Data shows that MDLs have grown significantly in recent years and comprised 71.3% of the federal civil caseload at the end of last fiscal year. The rule now goes to the Judicial Conference's Committee on Rules of Practice and Procedure Meeting for further approval, Reuters reports.

Posted by: Stacey Shrader Joslin on Apr 12, 2024

State Rep. Mary Littleton, R-Dickson, chair of the House Children and Family Affairs Subcommittee, and Sen. Ed Jackson, R-Jackson, chair of the Senate Calendar Committee, are pushing legislation to create a Juvenile Justice Review Commission under the Department of Children’s Services (DCS) and the Tennessee Commission on Children and Youth (TCCY) to study the state’s juvenile justice system and make legislative recommendations to the General Assembly. The bill, HB1103/SB0609, is pending in both the House and Senate Finance committees. The Post Local News has more on the proposal.

Posted by: Stacey Shrader Joslin on Apr 12, 2024
News Type: Legal News

Some Nashville defense attorneys are challenging the competency of longtime Criminal Court Judge Cheryl Blackburn nearly three years after she suffered a stroke, the Nashville Banner reports. The motions, most of which have been filed under seal, reportedly question Blackburn’s ability to oversee serious criminal cases. One motion has been filed publicly. It came this week in a felony assault case. Blackburn has served on the court since 1996. She previously worked at the Davidson County District Attorney’s Office and the Tennessee Department of Mental Health. She holds a master’s degree in clinical psychology and law degree.

Posted by: Stacey Shrader Joslin on Apr 12, 2024
News Type: Legal News

The American Bar Association (ABA) has launched two new task forces aimed at ensuring independence in the defense and prosecution of criminal cases. The Task Force for Public Defense Independence has been created in conjunction with the ABA Criminal Justice Section and Standing Committee on Legal Aid and Indigent Defense, as well as the National Association for Public Defense. See the full list of task force and advisory board members. The ABA also has created the Task Force for Prosecutorial Independence. Members of this group include Vanderbilt University Law School Criminal Justice Program Director Christopher Slobogin. The task force will be assisted by an advisory board composed of national leaders, including former U.S. Attorney General Alberto R. Gonzales, now dean of the Belmont University College of Law, and former Tennessee and federal judge Bernice B. Donald. See the full list of advisory board members. The groups are tasked with preserving and strengthening defense and prosecutorial independence, respectively, and enhancing public understanding of how that independence is critical to the integrity of the criminal justice system.

Posted by: Stacey Shrader Joslin on Apr 12, 2024
News Type: Legal News

Tennessee Attorney General Jonathan Skrmetti has joined a multistate lawsuit against Mariner Finance over widespread violations of multiple consumer protection laws. The suit alleges that Mariner Finance charged consumers for hidden add-on products that consumers were not fully informed about or, in some instances, did not agree to buy. It also alleges the company engaged in illegal, aggressive sales tactics to extend credit to new borrowers.  Also this week, the AG’s Division of Consumer Affairs released a warning about tax return scams. The agency reminds Tennesseans to be wary of offers related to tax returns, including messages that an unclaimed refund is available, that a mistake was made on a return or that financial services are needed to settle tax debts with the IRS. Consumers may report scams to the Federal Trade Commission at ReportFraud.FTC.gov and unsolicited texts or emails claiming to be from the IRS to phishing@irs.gov.

Posted by: Stacey Shrader Joslin on Apr 12, 2024
News Type: Upcoming

The Anderson County Bar Association will host a celebration on May 3 to thank Judge Tim Elrod for serving as temporary juvenile judge in the county. The event will take place from 10-11 a.m. EDT at the Anderson County Juvenile Court, 101 S. Main St., Clinton 37716. Coffee and light snacks will be provided. Elrod has been serving as the county’s juvenile judge since August 2023, while Judge Brian Hunt is deployed overseas. Contact Trina Hughes for more information.

Posted by: Stacey Shrader Joslin on Apr 12, 2024
News Type: BPR Actions

The Tennessee Supreme Court has directed Connecticut lawyer Jason Russell Buckley to respond within 30 days as to why discipline imposed in the state of Maine should not also be imposed in Tennessee. The Maine Supreme Judicial Court suspended Buckley for one year on Sept. 7, 2023, after finding that he took two online CLEs simultaneously, one on his computer and one on his iPad, and filed for credit for both. The Tennessee court says that if no response is received it will impose a discipline with identical terms and conditions.

Posted by: Stacey Shrader Joslin on Apr 12, 2024
News Type: TBA CLE

The TBA's 2024 Dispute Resolution Forum will be in person this year! An annual staple for Tennessee attorneys, the forum provides insight from top professionals in the alternative dispute resolution (ADR) vocation, while allowing attendees to meet with other mediators from across the state. Sessions include ethics grievance and arbitration demos, a discussion of community mediation centers, changes in the arbitrability of sexual assault and harassment claims, and a course that covers settlement malpractice. Make plans now to be in Nashville on May 9. Reserve your spot today!

Posted by: Stacey Shrader Joslin on Apr 12, 2024

TBA’s Legislative Updates podcast is new this week with TBA attorneys and lobbyists, Berkley Schwarz with Pier Strategies LLC, and Brad Lampley and Ashley Harbin with Adams and Reese. This week they discuss the finalizing of this year's fiscal budget, HB2973/SB2942; the TBA conservatorship bill, HB2710/SB2254; adoption birth certificate bill, HB2645/SB2632; and adoption clean-up bill, HB2644/SB2633. The group also foreshadows budget negotiations set to happen this weekend, House and Senate Finance committee meetings likely to take place next week, and possible adjournment the week of April 22. The group is continuing to track any movement on increased funding for indigent representation and expressed appreciation for all the outreach TBA members have undertaken to educate elected officials about this critical issue. Legislative Updates airs each week the legislature is in session on the TBA’s Facebook page. It is also released as a podcast on the same day and can be found on the TBA’s website or wherever you listen to podcasts.


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