TBA Law Blog


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Posted by: Stacey Shrader Joslin on Feb 13, 2023

Tennessee Lt. Gov. and Senate Speaker Randy McNally, R-Oak Ridge, underwent emergency heart surgery on Friday, WSMV reports. A pacemaker was successfully installed. McNally had checked himself into Vanderbilt University Medical Center on Thursday due to an irregular heartbeat. He said he plans to return to his duties in the state legislature as soon as he is medically able.

Posted by: Stacey Shrader Joslin on Feb 13, 2023
News Type: TBA CLE

The TBA Corporate Counsel Forum will take place April 14 from 8:30 a.m. to 1 p.m. CDT as a live virtual event. Join us online for this opportunity to earn four hours of general CLE credit. Participants confirmed include Katie Atkins with naviHealth Inc. in Brentwood and Hemant Sharma with the University of Tennessee. As a reminder, section members receive a discount on all section-sponsored CLEs.

Posted by: Stacey Shrader Joslin on Feb 10, 2023
News Type: Legal News

The Chair of the Chattanooga City Council and Mayor Tim Kelly reportedly have agreed to name Phil Noblett as the new city attorney, Chattanoogan.com reports. Noblett is currently serving as interim city attorney following the resignation of Emily O'Donnell. He joined the city attorney’s office as the deputy in 2009. Noblett earned his law degree from the Cumberland School of Law at Samford University. He has practiced in Tennessee since 1982, previously with the firm of Nelson, McMahan & Noblett and then with various municipal governments. A past president of the Chattanooga Bar Association, Noblett also has served as city attorney for Signal Mountain.

Posted by: Stacey Shrader Joslin on Feb 10, 2023

It was a busy week for the General Assembly, Axios Nashville reports. Here are a few highlights. The full Senate passed a bill designed to regulate where drag performances can take place. The House version is still advancing through committees. Legislation to ban hormones and puberty blockers for minors cleared its last committee in the Senate. The measure is advancing in House committees, the Tennessean reports. A move to use TennCare to push insurance companies not to cover gender transition treatments also took shape. An effort to expand the state's education savings account program to include Hamilton County passed the Senate Education Committee, Tennessee Lookout reports. Finally, a bill was introduced to eliminate runoffs in local elections. The Nashville Scene has that story.

Posted by: Stacey Shrader Joslin on Feb 10, 2023
News Type: Legal News

Tennessee Attorney General Jonathan Skrmetti announced this week that a federal judge has granted his motion for a temporary restraining order against solar panel retailer Ideal Horizon Benefits LLC, known as Solar Titan USA. Skrmetti’s office is suing the company for allegedly making false representations about its products. Also this week, Skrmetti announced he joined a 24-state coalition in filing a lawsuit against U.S. Attorney General Merrick Garland, the Bureau of Alcohol, Tobacco, Firearms and Explosives, and its director. The suit seeks to enjoin a recently issued administrative rule governing “stabilizing braces,” commonly known as “pistol braces.” 

Posted by: Stacey Shrader Joslin on Feb 10, 2023

The Tennessee Supreme Court this week issued an order approving a proposal from the Alternative Dispute Resolution Commission to increase the number of course hours for family mediators who wish to obtain the designation “Specifically Trained in Domestic Violence Issues.” The order amends Rule 31(14)(g) to increase the required training from 12 to 16 hours. Read the commission's original proposal.

Posted by: Stacey Shrader Joslin on Feb 10, 2023
News Type: BPR Actions

The Tennessee Supreme Court today dismissed a petition from Davidson County lawyer Donald W. Fisher seeking to have his licensed transferred to disability inactive status. Fisher filed the petition on Jan. 23. The Board of Professional Responsibility reported to the court on Feb. 7 that the petition could be dismissed given that Fisher died Jan. 31.

Posted by: Stacey Shrader Joslin on Feb 10, 2023

Tennessee Lt. Gov. Randy McNally, R-Oak Ridge, said yesterday that he checked himself into the Vanderbilt University Medical Center due to an irregular heartbeat. McNally, who is also the Senate speaker, said he will likely need a pacemaker to help regulate cardiac issues. In a Tweet yesterday, McNally thanked people for their support and said he hopes to return to work soon. Read more from the Tennessean.

Posted by: Stacey Shrader Joslin on Feb 10, 2023
News Type: Legal News

Monterrious Harris, a 22-year-old Black man, has filed a lawsuit against the city of Memphis and the five police officers accused of fatally beating Tyre Nichols, saying they assaulted him three days before attacking Nichols. Harris says he was swarmed by a "large group" wearing black clothing and brandishing firearms and other weapons while he was inside a vehicle in early January. The men, who did not identify themselves according to Harris, allegedly made threats to end his life if he did not exit his car. They then engaged in "a swift, violent, and continuous physical assault … that included punching, stomping, and dragging him across concrete," the lawsuit states. The incident ended with Harris being taken to jail on what he claims was a “host of false criminal charges" Axios reports on the incident.

Posted by: Stacey Shrader Joslin on Feb 10, 2023
News Type: Legal News

Nashville District Attorney Glenn Funk's team installed listening devices around the office capable of picking up conversations of employees and visitors who are not warned about audio monitoring, NewsChannel 5 reports. Funk's office says the move was a necessary part of office security and "there is no reasonable expectation of privacy for conversations in public places." Some disagree pointing to federal and state wiretapping laws that make it a crime to record conversations of unsuspecting individuals. Defense attorneys also are expressing concern. Jonathan Cooper, a past president of the Tennessee Association of Criminal Defense Lawyer (TACDL), called it a "betrayal of trust” noting it is common for defense lawyers to go to the office with associates, co-counsel or investigators. The vendor that installed the devices has confirmed they were placed in elevator lobbies and the main office lobby.


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