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Posted by: Kate Prince on Jul 7, 2022

The Knoxville News Sentinel is suing the city for public records that would reveal the process used by Mayor Indya Kincannon to screen police chief candidates. New Orleans Police Deputy Superintendent Paul Noel was hired for the job after a private national search firm was hired by the city to help Kincannon with the hiring process. According to Knox News, the city now maintains that the use of the outside company shields it from state open records law. The paper says it rejects that position. "The city is intentionally and knowingly trying to hide public business from voters and taxpayers, and we're willing to fight to obtain records that legally are public documents," said Joel Christopher, Knox News executive editor. Christopher went on to say that the paper has no issues with the hiring of Noel, but the “secretive process that insults the concept of conducting the people's business with transparency."

Posted by: Kate Prince on Jul 7, 2022

The Food and Drug Administration (FDA) and e-cigarette company Juul yesterday agreed to suspend their court battle while the government reopens its review of the company’s product, the Associated Press reports. In June, the FDA banned the sale of Juul’s e-cigarettes, but a day later the ban was temporarily blocked by a federal appeals court. Earlier this week, the FDA placed a hold on the ban, saying that Juul’s application warranted “additional review.” The FDA said it originally ordered the ban because Juul’s application, which must show how their e-cigarettes benefit public health, left regulators with significant questions. Juul argued it had submitted enough information to address all questions and issues. If the FDA eventually decides to reimpose its ban, Juul will have 30 days to seek another stay, according to the filing. In related news, a New York court yesterday rejected Juul’s attempt to dismiss a 2019 lawsuit brought by New York Attorney General Letitia James. The suit, which accuses Juul of fueling teen nicotine addiction through deceptive and misleading marketing, can now proceed, Reuters reports.

Posted by: Kate Prince on Jul 7, 2022

The 26th District Public Defender’s Office in Jackson is in search of an assistant public defender. The position consists of representation of indigent defendants in the Circuit courts of Madison County. Experience is preferred but not required. Salary is dependent on experience. Compensation package includes benefits such as health, dental and vision insurance, as well as retirement plans. Candidates should email resumé and a list of three references to Sherry Koffman. Read more about this posting and see others like it on the TBA’s JobLink site.  

Posted by: Kate Prince on Jul 7, 2022

The Tennessee Supreme Court yesterday disbarred Sullivan County attorney Jason R. McLellan from the practice of law. McLellan misappropriated estate funds in the representation of a client and attempted to conceal the misappropriation, made misrepresentations to a court, engaged in conduct involving dishonesty, fraud, deceit and misrepresentation, failed to abide by a client’s decision regarding the dismissal of a pending lawsuit, failed to reasonably consult with a client about the means by which the client’s objectives were to be accomplished, and failed to obtain the client’s informed consent before taking action. He also failed to keep client information confidential, failed to withdraw after a conflict of interest developed, allowed a third person to direct his professional judgment, failed to comply with his ethical requirements upon discharge from representation, and failed to comply with the requirements of a suspended attorney. Finally, he failed to comply with court orders, and failed to respond to disciplinary complaints. He is not eligible for reinstatement in Tennessee.

Posted by: Kate Prince on Jul 7, 2022

Fulfill all your annual CLE requirements with the TBA’s Tennessee FastTrack program in Memphis on Aug. 26. This annual staple is a 15-hour CLE, offering tips and updates in diverse areas of law, designed to be relevant to a wide range of practice areas. The program will provide a combination of live credit and prepaid credits to complete online anytime — at home or on mobile — allowing you to customize learning to your schedule. The Memphis program will run from 8 a.m. until 5 p.m. CDT at the FedEx Institute of Technology – Fishbowl Room, 365 Innovation Dr., Memphis 38152. Register for the program today. The series will also hold sessions in Nashville on Sept. 16 and Knoxville on Sept. 23.

Posted by: Kate Prince on Jul 6, 2022

From the Communications Team, meet Director of Access to Justice & Special Projects Liz Slagle Todaro! Liz has worn a variety of hats in her 10 years with the TBA, but has consistently worked with the TBA Access to Justice Committee. Liz also supports special projects including implementing TBA’s updated website and association management platform. As a native Nashvillian, Liz loves live music and admits her musical tastes are heavily influenced by her 15-year-old twins, Bella and Evie! She’s also been involved with policy debate for more than 30 years including working with urban debate leagues across the country. She even met her husband Corey on Emory’s Barkley Forum debate team!

The #TeamTBA series offers members a behind-the-scenes look at the inner workings of the TBA and how each staff members makes the association run. Check back every Wednesday for a new staff profile in TBA Today and on the TBA's Facebook, Twitter and Instagram accounts.

Posted by: Kate Prince on Jul 5, 2022

U.S. Supreme Court Marshal Gail Curley in a series of letters is calling on officials in Maryland and Virginia to "enforce" state and local laws that, she wrote, "prohibit picketing outside of the homes of Supreme Court Justices,” NPR reports. Curley's requests come after weeks of protests and picketing outside the homes of the court's conservative justices in the Maryland and Virginia suburbs of Washington, D.C., set off by the leaked Roe v. Wade draft decision in May. Federal and local law enforcement have been present at the homes, but governors of both states have recently said that responsibility for managing the protests falls to federal law enforcement. The two governors wrote to U.S. Attorney General Merrick Garland in May, urging him to enforce a federal law that forbids the demonstrations.

Posted by: Kate Prince on Jul 5, 2022

Nashville attorney Wilson “Woody” Sims died on June 26. He was 97. Sims joined Nashville law firm Bass, Berry & Sims in 1948 after graduating from Vanderbilt University Law School. Sims remained with the firm for more than 50 years, practicing in a variety of areas. Sims is a former president of the TBA and a House of Delegates member, as well as a former president of the Nashville Bar Association and the founding president of the Nashville Bar Foundation. He was a member of the Tennessee legislature in 1959 and 1960 and was appointed by the governor in the 1960s to chair the Tennessee Commission on Human Relations, which dealt with troubled areas of race relations in the state. Services for Sims will be held at West End United Methodist Church on July 6 at 11 a.m. CDT. Visitation will be held from 9:30-11 a.m. In lieu of flowers, remembrances can be made to The Webb School, P.O. Box 488, Bell Buckle, TN 37020; Vanderbilt Law School, 131 21st Ave South, Nashville, TN 37203; or West End United Methodist Church, 2200 West End Ave, Nashville, TN 37203.

Posted by: Kate Prince on Jul 5, 2022

Three 2020 Nashville School of Law graduates have helped strengthen Tennessee’s “Unlawful Exposure” law, Nashville’s NewsChannel 5 reports. As an NSL student, Doni Porteous worked on two “revenge porn” cases during her time as an intern at the Davidson County District Attorney’s office. Both cases couldn’t be prosecuted because they “didn’t fit the letter of the law.” Porteous decided to make the issue the focus of her rigorous writing project at NSL, identifying the law’s weaknesses in her paper. Fellow NSL graduate David Aguilera, who worked in the state legislature, later spoke with Porteous about the issue and brought it up with his boss, Sen. Jeff Yarbro, D-Nashville. Yarbro then filed a bill to close the loopholes Porteous had identified. Logan Elliot, another classmate of Porteous and Aguilera, works for Rep. Jason Powell, D-Nashville, who then co-sponsored the bill, which went into effect on July 1.

Posted by: Kate Prince on Jul 5, 2022

Attorney volunteers are needed for the Shelby County Court Cost Clinic on July 30 from noon until 4 p.m. CDT. Pro bono attorneys will assist with presenting court cost waivers on behalf of registrants. Seven General Sessions Criminal Court judges will be presiding. Volunteers will also help with expungement services for General Sessions cases. No prior experience is required and all volunteers will receive training and scripts. Register to volunteer online or email Amber Floyd with questions.


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