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Posted by: Stacey Shrader Joslin on Jan 5, 2023

The Tennessee Supreme Court today issued an order appointing five new members to the Trial Court E-Filing Oversight Committee. Three were named to replace current members: Shelby County Circuit Court Judge Rhynette Hurd replaces Memphis lawyer Will Perry; Henry County Clerk and Master Albert Wade replaces Rutherford County Clerk and Master John Bratcher; and Sumner County General Sessions Court Judge David Howard replaces Stewart County General Sessions Court Judge Andy Brigham. The court also named two additional members: 16th District Circuit Court Judge James A. Turner and 1st District Circuit Court Judge Suzanne Cook.

Posted by: Stacey Shrader Joslin on Jan 5, 2023

A review of the November election process in Nashville — conducted by state Elections Coordinator Mark Goins — found that Nashville election officials made erroneous updates to voter lists and failed to follow steps to make sure they were accurate. The Associated Press first reported on Nov. 1, 2022, that some Nashville voters were being given ballots with the wrong congressional and statehouse races. Trying to correct the problem under a tight timeframe led to over-corrections, the report states. However, the review determined that none of the errors were egregious enough to affect the outcomes of the races in which erroneous ballots were cast. The Tennessean has more on the report.

Posted by: Stacey Shrader Joslin on Jan 5, 2023

The U.S. General Services Administration (GSA) has identified three sites as potential locations for Chattanooga’s new federal courthouse. Chattanoogan.com reports they are: the TVA Office Building, Hawk Hill Lookouts Field and property at Lindsey and Houston streets. The new courthouse will replace the historic courthouse on Georgia Avenue across from Miller Park. Earlier this year, GSA received congressional authorization to spend $218,381,000 for site acquisition, design and construction. For more information and updates visit the GSA’s website for the project.

Posted by: Stacey Shrader Joslin on Jan 5, 2023

South Carolina's Supreme Court ruled today that a 2021 state law banning abortion after about six weeks of pregnancy is unconstitutional because it violates a right to privacy. The state law took effect after the U.S. Supreme Court eliminated the right to abortion that had been established by the 1973 Roe v. Wade case. Planned Parenthood challenged the law and today, the court ruled 3-2 in its favor. "We hold that our state constitutional right to privacy extends to a woman's decision to have an abortion," Justice Kaye Hearn wrote in the majority opinion. Hearn went on to say that the state can set some limits on abortion, but any regulation should give a woman "sufficient time to determine she is pregnant and to take reasonable steps to terminate that pregnancy." Six weeks was "not a reasonable period of time," Hearn concluded. Reuters reports on the decision.

Posted by: Stacey Shrader Joslin on Jan 5, 2023

The U.S. Federal Trade Commission (FTC) has proposed a rule that would ban companies from requiring workers to sign non-compete provisions as well as some training repayment agreements, Reuters reports. The move is designed to support workers who leave their employers to seek better jobs. The U.S. Chamber of Commerce has indicated that it will oppose the proposal. Legal challenges are likely to focus on whether Congress clearly authorized the FTC to adopt nationwide bans on what the agency deems anti-competitive practices.

Posted by: Stacey Shrader Joslin on Jan 5, 2023

Tennessee state Sen. London Lamar, D-Memphis, has introduced legislation that would require the Tennessee Bureau of Investigation (TBI) to test rape kits within 30 days, WATE reports. Currently, law enforcement is required to send the kit to TBI within 30 days, but Tennessee code does not dictate the time frame for actually testing them. The legislation also would require the TBI to submit a plan for eliminating the current backlog within 45 days of the law taking effect.

Posted by: Stacey Shrader Joslin on Jan 5, 2023

Davidson County Chancellor Patricia Head Moskal this week ordered Gov. Bill Lee’s office to release certain documents pertaining to a no-bid contract, the Nashville Scene reports. The move was forced through a lawsuit by the Scene’s parent company FW Publishing, and reporter Stephen Elliott. The news source was seeking access to reports by consulting firm McKinsey & Co., which received a $3 million no-bid contract to evaluate the state’s post-COVID 19 reopening, its operations and “support to the Unified Command Group.” The Lee administration had claimed “deliberative process privilege” to keep the reports secret. Moskal ruled that the reports are public records under the Tennessee Public Records Act and that the act does not provide an exemption for such a privilege. Read more about the deliberative process privilege from the Tennessean.

Posted by: Stacey Shrader Joslin & Kate Prince on Jan 5, 2023

The Legal Aid Society of Middle Tennessee and the Cumberlands will hold three clinics next week. On Tuesday, the group will hold a phone clinic from 4-5 p.m. On Thursday, a clinic at Greenhouse Ministries in Murfreesboro will be held from 3-4:30 p.m. Then on Saturday, a veterans clinic will be held from 8:30-10:30 a.m. in Nashville. All times central. To volunteer for these clinics, contact Kendra Cheek, 615-780-7131. See all January clinics.

Posted by: Stacey Shrader Joslin on Jan 5, 2023

The Tennessee Department of Mental Health and Substance Abuse Services is seeking a contracts attorney to serve as director of procurement contracts. This position will be a remote/alternative workspace position but stationed in Nashville. Duties include drafting procurement, pre-approval documents and non-grant contracts; managing department procurement needs from request to completion; providing department-wide training; assisting with department grant contracts; and advising senior department staff on state contracting requirements. Candidates should have at least five years of experience with a focus on contracts law. Experience in the state contracting process is preferred. Get the full job description and instructions for applying on the TBA’s JobLink platform.

Posted by: Stacey Shrader Joslin on Jan 5, 2023

Join the Construction Law Section in person in Nashville on Jan. 27 for this year’s Construction Law Forum. The 2023 program will focus on trying a construction dispute from start to finish. Topics to be covered include prerequisites to claim presentation, preparing the case for hearing in litigation and arbitration, a view from the bench and the arbitrator's perspective, and the ethical analysis of how far a lawyer can go in presenting damages in negotiation, mediation and litigation. Earn up to four general and one dual CLE hours.


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