TBA Law Blog


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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.

Posted by: Stacey Shrader Joslin on Feb 10, 2023
News Type: Black History Month

The Rutherford Courthouse Museum in downtown Murfreesboro is preserving the history of the area. This month, the museum is highlighting artifacts that honor Black civil rights leaders and the fight to integrate schools, the Daily News reports. The exhibits — "The Fight For Civil Rights: Building Foundations" and "The Fight For Civil Rights: Getting Organized" — are free and open seven days a week. Supporters of the temporary exhibit would like to have an on-going display at the courthouse and some have expressed interest in expanding the offerings to honor Native tribes who lived in the county and Laotian refugees who have settled in the area. The Tennessean has the story.

Posted by: Stacey Shrader Joslin on Feb 10, 2023

The Arts & Business Council's Volunteer Lawyers and Professionals for the Arts is joining the law firm of Bradley Arant Boult Cummings in providing free legal services for Black-owned small businesses and nonprofits at a clinic in Nashville on Feb. 16. Issues to be covered include questions about business formation, corporate governance, contract review and navigating local ordinances and state regulations. Eligible businesses may receive up to one hour of assistance but must register by Monday. Clients may sign up online. To volunteer, email vlpa@abcnashville.org.

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

A new course from the TBA seeks to expand the group of legal advocates certified to serve Tennessee veterans, who are underrepresented in the Veterans Affairs Department’s (VA) claims and appeals processes. Introduction to the Practice of Veterans Law — a live virtual event on April 5 from 9 a.m. to 12:30 p.m. CDT — will cover information about claims procedures, basic eligibility for benefits, right to appeal, disability compensation, dependency and indemnity compensation, and pensions. Presenters will be James R. Drysdale with the VA Office of General Counsel in Washington, D.C., and VA certified lawyers Seth Ogden and Rita Gibson Rayford.

Posted by: Kate Prince on Feb 10, 2023
News Type: Legal News

Tennessee's 113th General Assembly is now in session and TBA's Legislative Updates podcast is back for a new season! Lawmakers filed a combined total of 1,700 bills this year – 1,000 less than 2022. TBA Director of Public Policy & Government Affairs 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. 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 wherever you listen to podcasts.

Posted by: Kate Prince on Feb 9, 2023
News Type: Legal News

Veristar, a Chicago-based legal services firm, has announced it is expanding into Nashville, the Nashville Post reports. Veristar offers e-discovery and legal staffing services. The company has an additional presence in New York, Cleveland, Charlotte, Atlanta, Houston, Los Angeles and Washington, D.C. “Nashville is a vibrant, sophisticated city that is home to powerhouse law firms and many great companies in health care, technology, entertainment, financial services and manufacturing,” Veristar CEO Rick Avers said in the release. “Everyone at Veristar is excited to be a part of the Nashville community.”

Posted by: Kate Prince on Feb 9, 2023
News Type: Legal News

The Shelby County District Attorney’s Office will be reviewing all cases handled by the five Memphis Police Department officers accused of killing Tyre Nichols, the Commercial Appeal reports. District Attorney Steve Mulroy did not specify how many cases were being reviewed, but said the review includes both active and closed cases. The news outlet also reported today that new documents reveal ex-MPD officer Preston Hemphill lied about seeing reckless driving and that Nichols put up a fight during the traffic stop that eventually led to his death. The MPD sent those documents to the Peace Officer Standards and Training Commission (POST) in an effort to have Hemphill decertified. The Daily Memphian reports that another POST file reveals ex-officer Demetrius Haley took cell phone photos of Nichols after he and the other officers took turns beating him. According to his Garrity statement, Haley then texted the photos to “one civilian employee, two MPD officers, and one female acquaintance.” That Garrity statement, however, could be kept from a jury. The Associated Press explains why.  

Posted by: Kate Prince on Feb 9, 2023
News Type: Legal News

Eviction filings in Nashville are now 70% higher than they were pre-pandemic, according to WPLN. The news outlet dug further into the issue on a recent episode of its Citizen Nashville podcast with special guests Julie Yriart, legal director of the Nashville Eviction Right to Counsel pilot program with the Hispanic Bar Association and Elizabeth Leiserson, Eviction Right to Counsel Project director with the Legal Aid Society of Middle Tennessee and the Cumberlands. In the episode, Yriart and Leiserson discuss how the rise in eviction filings impacts the lack of affordable housing, what rights and resources tenants have and more. Listen to the episode.


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