TBA Law Blog


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Posted by: Paul Burch on Oct 10, 2023
News Type: U.S. Supreme Court

The U.S. Supreme Court has declined to consider a bid by a former West Virginia mining company executive to make it easier for public figures to sue news organizations for defamation, Reuters reports. The case would have challenged longstanding protections for media set by the court in 1964. The justices turned away former Massey Energy CEO Donald Blankenship's appeal of a lower court's decision that threw out his defamation lawsuit against major media outlets including Fox News and MSNBC for characterizing him as a "felon" during his unsuccessful 2018 run for the U.S. Senate. Blankenship was convicted in 2015 of a federal conspiracy offense, a misdemeanor, after a 2010 mine explosion that killed 29 coal miners. He had asked the Supreme Court to overturn its landmark ruling, which set stringent limits on defamation claims by public officials under the U.S. Constitution's First Amendment protections for freedom of speech and the press.

Posted by: Stacey Shrader Joslin on Oct 10, 2023
News Type: TBA CLE

Make plans now to join the TBA YLD's Civil Rights Walking Tour in Chattanooga this Friday, Oct. 13. This unique CLE will run from 1:30-5 p.m. EDT and offer two hours of CLE credit. Participants will visit a number of important landmarks in the city's fight for civil rights and learn about the legal history that has made Chattanooga a more inclusive place to live and work. The event will take place rain or shine. If raining, attendees will visit the federal courthouse and then gather at Miller & Martin for a presentation on the other locations and a reception.

Posted by: Barry Kolar on Oct 10, 2023

TBA Talk is an online discussion forum where members can post questions, request referrals, share knowledge, ask procedural questions and more. The platform offers many of the same benefits of the now-replaced TBALink-Talk list serve, plus additional features for accessing posts online and conducting searches of past questions and responses. TBA Talk is free to all members. Learn more and sign up online.

Posted by: Stacey Shrader Joslin on Oct 9, 2023
News Type: BPR Actions

Shelby County lawyer Darryl Wayne Humphrey was censured by the Tennessee Supreme Court on Oct. 3 for failing to comply with conditions imposed on him as part of a suspension on Sept. 25, 2017. His actions were determined to violate Rule of Professional Conduct 8.4(d) and 8.4(g).

Posted by: Stacey Shrader Joslin on Oct 9, 2023
News Type: BPR Actions

Davidson County lawyer Charles Martin Duke was censured by the Tennessee Supreme Court on Oct. 6. The court found that while representing a client in connection with an ancillary probate matter, Duke failed to pursue the client’s legal objectives, and did not maintain good communication with his client. The court also found that he failed to notify his client that he was suspended from the practice of law on May 9, 2022. His actions were determined to violate Rules of Professional Conduct 1.3, 1.4, 3.4(c) and 8.4(g).

Posted by: Stacey Shrader Joslin on Oct 9, 2023
News Type: Upcoming

The Conservatorship Association of Tennessee will hold its Annual Conference Nov. 9 at the Nashville School of Law, 4013 Armory Oaks Dr., Nashville 37204. The event is free for members and will be held in person and virtually. The group will hold its annual meeting and hear from speakers on the topics such as guardianship bill of rights, ethics of conservatorships, expedited limited healthcare fiduciaries, VA benefits, Tenncare estate recovery and high conflict family dynamics. Register online.

Posted by: Stacey Shrader Joslin on Oct 9, 2023
News Type: Legal News

Supporters of Gary Sutton, who has been on Tennessee’s death row since 1996, held a news conference Friday to call for removal of his federal public defender, Susanne Bales. Supporters say she did not meet with Sutton for 12 years and he plans to petition the court to remove her, the Associated Press reports. Also at the press conference was a private investigator who says she has uncovered “indisputable facts of exculpatory evidence, witness tampering and constitutional violations” in Sutton’s case. In response to complaints about her work, Bales said her team is working within the bounds of the legal system to “ensure Gary is not executed for a case that is riddled with problems.”

Posted by: Stacey Shrader Joslin on Oct 9, 2023
News Type: Legal News

Last Thursday, a three-judge panel on the Sixth U.S. Circuit Court of Appeals dismissed a challenge to a Tennessee law that criminalizes distribution of absentee ballot applications by anyone other than an election commission employee. The decision stems from a lawsuit brought by civil rights and labor groups against Tennessee Secretary of State Tre Hargett. The groups had argued the law violates the U.S. Constitution’s first and 14th amendments by chilling “core political speech” without serving a compelling state interest. A lower court had dismissed the suit in 2021, finding that the law dealt with conduct not speech. Read more from Democracy Docket or read the decision.

Posted by: Stacey Shrader Joslin on Oct 9, 2023
News Type: Legal News

Los Angeles-based Southwestern School of Law, an institution known for its entertainment law curriculum, is offering the nation’s first full-time online law degree program, Above the Law reports. The school will begin accepting applications this month with the inaugural class set to begin in fall 2024. President and Dean Darby Dickerson said the program is not “Zoom U” but “a carefully considered, thoughtfully designed program that will allow students to interact with faculty and other students meaningfully while providing scheduling and geographic flexibility.” The American Bar Association (ABA) approved the program last April. Read more from the school.

Posted by: Stacey Shrader Joslin on Oct 9, 2023
News Type: Legal News

The Tennessee Department of Human Services reports it is taking significant steps to bolster childcare access for families in need as part of its commitment to improve affordable childcare services. According a news release from the department, a majority of licensed childcare agencies participating in the Child Care Certificate Program will receive increased reimbursement rates starting this month. Under the certificate program, the state pays a reimbursement rate directly to childcare providers on behalf of families who are enrolled and meet the program’s income and work or education requirements.


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