TBA Law Blog


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Posted by: Kate Prince on Aug 25, 2021
News Type: Passages

Maurice Wexler, longtime attorney at Baker Donelson in Memphis, died Tuesday. He was 89. Wexler served in the Counterintelligence Corps of the U.S. Army during the Korean War before earning his law degree from Loyola University Chicago. He was then recruited by Lewis Donelson to return to Memphis where he would become a founding shareholder of Baker Donelson. Wexler practiced law for 55 years, concentrating on labor and employment law as well as general business litigation. A graveside funeral will be held in Memphis tomorrow at 9 a.m. CDT at Temple Israel Cemetary, 1708 Hernando Rd. The service will also be livestreamed here. Shiva will be held outdoors at the Wexler home at 6682 Monmouth Dr. in Memphis from 5 to 8 p.m. on Thursday and from 10 a.m. until noon on Friday. The family asks that all in person visitors for the service and shiva are masked and fully vaccinated. In lieu of flowers, donations may be made to the National Multiple Sclerosis Society, National Civil Rights Museum or Temple Israel General Fund.

Posted by: Kate Prince on Aug 25, 2021
News Type: Legal News

Recent Vanderbilt Law School graduate Ramon Ryan has been selected for the 2021 Fellowships at Auschwitz for the Study of Professional Ethics (FASPE) program. Ryan, who will soon join Nashville’s Bass Berry & Sims as an associate, was one of only 16 law graduates chosen for the program. FASPE engages early-career professionals and graduate students in the fields of law, business, journalism, medicine and seminary in an intensive course of study focused on contemporary ethical issues in their professions. Fellows typically participate in a two-week program in Germany and Poland, which uses the conduct of lawyers in Nazi-occupied Europe as a way to reflect on legal ethics today. Ryan was the editor-in-chief of the Vanderbilt Journal of Entertainment and Technology Law and last year authored a paper on satellites that prompted federal legislation. He is set to clerk for Judge Todd Hughes of the U.S. Court of Appeals for the Federal Circuit starting in 2023.

Posted by: Kate Prince on Aug 25, 2021
News Type: U.S. Supreme Court

The U.S. Supreme Court yesterday chose not to intervene in a lower court’s ruling that revived the “Remain in Mexico” policy, an immigration measure from former President Donald Trump’s administration, The Hill reports. President Joe Biden had sought to block the reinstatement of the policy, which requires asylum-seekers at the southern border to stay in Mexico while their applications are processed. Justice Samuel Alito wrote in the order that Biden’s administration had failed to show it was likely to ultimately prevail in defending the lawfulness of its decision to rescind the Trump measure, officially called the Migrant Protection Protocols (MPP). The program was initially reinstated by a federal judge in Texas in response to a lawsuit from the attorneys general of Texas and Missouri. That decision was later upheld by the U.S. Court of Appeals for the 5th Circuit, prompting Biden’s emergency request to the justices.

Posted by: Kate Prince on Aug 25, 2021
News Type: Wellness Wednesday

The final installment of the TBA’s video series on quick tips for attorney well-being covers stress relief. Attorneys are faced with specific stressors and licensed psychotherapist Lindsey O’Connell offers several quick and easy techniques you can use to help control your stress level. One technique O’Connell offers is sensory integration. Sit still and focus on one sense at a time—what do you hear? See? Feel? Focusing in on one sense and taking note of how you feel in the moment helps ground you in the present and resets your thoughts. Watch the short video for additional tips and make sure to catch all episodes in the series on the TBA’s YouTube page.

Posted by: Kate Prince on Aug 18, 2021
News Type: Legal News

A Bedford County man was arrested Tuesday for allegedly assaulting a law enforcement officer during the Jan. 6 riot at the U.S. Capitol, Nashville’s News Channel 5 reports. Ronald Colton McAbee of Unionville was indicted on four charges related to the riot, including assault, entering and remaining in a restricted building or grounds with a deadly or dangerous weapon and disorderly and disruptive conduct in a restricted building or grounds with a deadly or dangerous weapon. He is one of 16 Tennesseans who have been arrested for their role in the incident.

Posted by: Kate Prince on Aug 18, 2021
News Type: Legal News

More than 100 former and current prosecutors and law enforcement officials are calling on President Joe Biden to fulfill his campaign promise of creating a task force to evaluate how criminal cases are prosecuted in the U.S., the Associated Press reports. The task force included in Biden’s criminal justice platform would look at prosecutorial discretion and its impact on sentencing, parole and probation and plea deals. In a letter to the Biden administration, the group noted much of the discussion around criminal justice reforms neglects to address the importance of prosecutors in the system and policy changes such as ending cash bail and declining to prosecute smaller crimes as ways to address racial inequity, persistent poverty and over incarceration. 

Posted by: Kate Prince on Aug 18, 2021
News Type: Legal News

Attorneys Bill Haltom and John P. Williams, in a new opinion piece for the Commercial Appeal, suggest that three state representatives who were essential in the ratification of the 19th Amendment be honored in the space that once housed the bust of Nathan Bedford Forrest at the state Capitol. Despite strong opposition, state Reps. Joseph Hanover, Banks Turner and Harry Burn helped pass the 19th Amendment in 1920, guaranteeing American women the right to vote. Haltom and Williams, alongside Paula Casey and Tyler Boyd, write that busts of the three men, two of which have already been sculpted, should be placed in the space that sits empty after the busts of Nathan Bedford Forrest, Admiral David Farragut and Albert Gleaves were moved to the State Museum. “The placement of these busts in the State Capitol will tell the story for future generations to know that the 19th Amendment would not have passed without the efforts of these three legislators,” they write. Read the full article here.

Posted by: Kate Prince on Aug 18, 2021
News Type: Legal News

An attorney for Gregory Livingston, the Kroger security guard accused of fatally shooting Alvin Motley over loud music, is asking a judge to prevent the release of any videos associated with the incident, the Daily Memphian reports. Livingston’s attorney Leslie Ballin told Shelby County General Sessions Court Judge Louis Montesi that three videos reportedly from the night of the shooting should be barred from release because they “could have the potential to affect the jury pool” in the case. Ronald Dowdy and David Jones, two Davidson County assistant district attorneys, are prosecuting the case for the state after Shelby County District Attorney Amy Weirich recused her office because of a conflict. Dowdy and Jones asked the court to not issue the protective order at this time because their plan to show the video to Motley’s family members, some of whom live out-of-state, would violate the order.

Posted by: Kate Prince on Aug 18, 2021

Brian Faughnan, shareholder in the Memphis office of Lewis Thomason, was recently elected president of the Association of Professional Responsibility Lawyers (APRL). Faughnan has served as the organization’s treasurer, secretary and president-elect and will now lead the group through August 2022. APRL is made up of 400 lawyers, law professors and judges who hold an interest in lawyers’ professional responsibility, legal ethics, legal malpractice and the evolving law of lawyering, primarily through the application of the rules of lawyer ethics to the practice of law. Faughnan practices in commercial litigation, appellate litigation and media law at Lewis Thomason and works in conjunction with the firm’s president in all ethics and professional responsibility matters within the firm. He is a TBA member and a frequent speaker for the TBA on ethics and professional responsibility issues. Read more from Lewis Thomason

Posted by: Kate Prince on Aug 18, 2021
News Type: Legal News

A Nashville judge today exonerated Paul Shane Garrett in a 2000 murder case of a woman in North Nashville, the Tennessean reports. Davidson County Criminal Court Judge Angelita Dalton earlier this month overturned Garrett’s manslaughter conviction, but formally dismissed all charges against him today. DNA evidence connecting another man to the murder was found, but not fully investigated until 2011 and not reviewed for a second time until this year. Garrett was represented by Tennessee Innocence Project Executive Director Jessica Van Dyke and co-counsel Stephen Johnson with the firm Ritchie, Davies, Johnson & Stovall. "For Mr. Garrett, this has been a slow walk toward justice, and we are honored to finish this journey with him and his family,” Van Dyke said.


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