TBA Law Blog


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Posted by: Julia Wilburn on Feb 2, 2024
News Type: Legal News

The Association for Women Attorneys (AWA) of Memphis honored Tennessee Court of Criminal Appeals Presiding Judge Camille McMullen with the Marion Griffin-Frances Loring Award at its annual banquet on Jan. 25. The award is presented to someone who exhibits outstanding achievement in the legal profession. “Marion Griffin and Francis Loring were pioneers in the fight for civil rights and social justice,” said Judge McMullen. “Through their collective power, these women worked tirelessly to advance gender equality across Tennessee. I applaud the AWA for establishing this award, which serves as a testament to the shoulders upon which we stand as women in the law. I am thankful and deeply moved to be recognized with this incredible honor.” McMullen was appointed to the Court of Criminal Appeals in 2008. In 2023, she was elected the first woman and the first African American to lead the 12-member court.

Posted by: Julia Wilburn on Feb 2, 2024
News Type: Passages

William Hoytte "Bill" Austin Jr. died on Jan. 29 at age 88. Originally from Mississippi, Austin graduated from The University of Mississippi in 1956, returning home to Lake Cormorant to manage his family farm, the largest dairy cattle herd and operation in the state of Mississippi at the time. Under his leadership, Austin Farms built the most advanced milking parlor facilities in the south. When the family farm was sold, Austin decided to make a career change. He attended Memphis State School of Law and received his law degree in 1972. Austin opened his own practice in 1977, known today as The Austin Law Firm. Licensed to practice law in Tennessee, he was a fellow of the Mississippi Bar Foundation and past president of the DeSoto County Bar Association. Memorials may be sent to The William Hoytte Austin Jr. Endowed Scholarship at Northwest Mississippi Community College, 4975 Highway 51N. Senatobia, MS 38668.

Posted by: Julia Wilburn on Feb 2, 2024
News Type: ABA Meeting News

The American Bar Association Tort Trial and Insurance Practice Section (TIPS) announced that it will honor Penny White with its Robert B. McKay Law Professor Award. The award recognizes law professors who have shown commitment to the advancement of justice, scholarship and the legal profession, demonstrated by outstanding contributions to the fields of tort, trial practice or insurance law. Until her retirement in 2022, White was the Elvin E. Overton Distinguished Professor of Law and served as the director of the Center for Advocacy and Dispute Resolution at the University of Tennessee College of Law. She taught courses in evidence, trial practice, pretrial litigation and negotiation and assisted with the law school’s various clinical and externship programs. The award will be presented at the ABA Midyear Meeting in Louisville, Kentucky, during the TIPS Networking Reception on Saturday at 6 p.m. EST at the Louisville Marriott Downtown.

Posted by: Julia Wilburn on Feb 2, 2024

Tennessee's 113th General Assembly is now in session and TBA's Legislative Updates podcast is back for Season 5! Lawmakers filed a combined total of 682 bills just this week; the filing deadline for the House was Jan. 31 and Feb. 1 for the Senate. Attorney and TBA lobbyist Berkley Schwarz and Adams and Reese attorneys and TBA lobbyists Brad Lampley and Ashley Harbin host the podcast to discuss what's ahead for the legislative year and the bills TBA is sponsoring, especially around indigent representation. Legislative Updates airs each week 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 other podcast services. In this episode, the hosts discuss TBA's conservatorship bill HB2710/SB2254 and TBA's adoption bills: HB2644 and HB2645.

Schwarz has served as director of legislative affairs for the TBA since 2018 but recently left the TBA to focus on her own lobbying firm, Pier Strategies. She continues to represent TBA on legislative matters alongside Lampley and Harbin. Schwarz can now be reached at bschwarz@pierstrategies.net.

Posted by: Julia Wilburn on Feb 2, 2024
News Type: TBA CLE

Bring your computer (or your pencil if you’re old school — no judgment) and get ready to write. On March 27 from 9-10 a.m. CDT, Stuart Teicher will share multiple exercises that participants will do individually and then discuss as a group to help them become better legal writers. Attendees will learn the best way to integrate sources into their legal writing, how to write in plain English, how to rework complicated passages and more! Eligible for one dual CLE credit.

Posted by: Stacey Shrader Joslin on Feb 1, 2024

Registration is now open through Feb. 12 for the next free advice clinic for Black-owned small businesses and nonprofits. The clinic, sponsored by the Arts & Business Council's Volunteer Lawyers & Professionals for the Arts and Bradley, provides assistance with business formation and corporate governance, review of contracts and guidance in navigating local ordinances and state regulations. The clinic will take place on Feb. 15. Attorneys should email vlpa@abcnashville.org to volunteer.

Posted by: Paul Burch on Feb 1, 2024

On Tuesday of this week, the House Criminal Justice Subcommittee passed “Jillian’s Law,” WKRN reports. The bill, HB1640, is sponsored by Majority Leader William Lamberth in memory of Jillian Ludwig, a freshman at Belmont University who was shot and killed on Nov. 7, 2023, while walking in a Nashville park. Her killer, Shaquille Taylor, was a repeat violent offender prosecuted in April 2023 for a separate crime of aggravated assault with a deadly weapon. “Jillian’s Law” would require defendants like Taylor to be committed to an appropriate treatment facility, something current law does not mandate, WSMV reports. It also would require that those deemed incompetent to stand trial to be entered into the National Instant Criminal Background Check System, which serves as a database of people prohibited from buying or owning firearms. Jillian’s parents, Jessica and Matt Ludwig, testified before the subcommittee, calling on lawmakers to close what they say is a loophole in the law.

Posted by: Paul Burch on Feb 1, 2024
News Type: Legal News

PreLaw magazine is out with its Winter 2024 issue, which names the University of Memphis Cecil C. Humphreys School of Law as the best law school building in the nation. It is the fifth consecutive year the school has received the top honor. “Our continued dominance in this award category … confirms the importance of the many factors that make our law school uniquely special to our students’ legal education,” said Dean Katharine T. Schaffzin. In addition, Memphis Law was named one of the 10 most diverse law schools, with a specific designation as a “Best Law School for Black Law Students — Top 10 Ranking” and “Best Law School for Trial Advocacy — Top 35 Ranking” with an overall A- rating. Read the full press release.

Posted by: Paul Burch on Feb 1, 2024

Gov. Bill Lee today nominated Shelby County Circuit Court Judge Mary L. Wagner to fill an upcoming vacancy on the Tennessee Supreme Court, the Administrative Office of the Courts reports. “Mary is a highly qualified judge who will bring significant experience to the Tennessee Supreme Court,” Gov. Lee said in making the announcement. “Her understanding and respect for the rule of law and commitment to the conservative principles of judicial restraint make her well-suited for the state’s highest court, and I am proud to appoint her to this position.” Wagner will fill a vacancy that will occur when Justice Roger A. Page retires on Aug. 31. Wagner, 39, is a TBA member and alumna of the association's Leadership Law Program. She earned her law degree from the University of Memphis Cecil C. Humphreys School of Law and was appointed to the circuit court in 2016 by then-Gov. Bill Haslam. She won reelection in 2018 and 2022. Her nomination now must be approved by the General Assembly. The Tennessean has more on the process.

Posted by: Paul Burch on Feb 1, 2024
News Type: Legal News

Tennessee Attorney General Jonathan Skrmetti has announced a $350 million national settlement with Publicis Health to resolve investigations into the firm’s role in the prescription opioid crisis. Tennessee will receive more than $9 million from the settlement. Proceeds will be deposited into the state’s Opioid Abatement Fund. To date, Tennessee has reached legal settlements totaling more than $1 billion related to the opioid crisis. Today’s filings in Knox County Circuit Court describe how Publicis aided Purdue Pharma and others to market opioids. Read the full release.


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