TBA Law Blog


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Posted by: Kate Prince on Feb 9, 2021

A wave of federal judges have announced their departures in recent weeks, creating a growing number of vacant seats in the federal judiciary, The Hill reports. There are currently 57 vacancies in the federal district and appellate courts and another 20 seats that will become vacant in the coming months. At least 25 of those vacancies were announced after President Joe Biden’s inauguration on Jan. 20. Data suggests that the administration of former President Donald Trump was one of the most prolific in the modern era regarding judicial confirmations. Within four years, Trump successfully appointed 226 judges to the federal bench, including three Supreme Court justices, 54 appeals court judges and 174 district court judges, according to the Pew Research Center. He lags behind only former President Carter in terms of the total number of judicial appointments in any recent president’s first four years. President Reagan, who appointed four Supreme Court justices in eight years, is the only recent president who left a larger footprint on the high court.

Posted by: Kate Prince on Feb 9, 2021

The Beacon Center of Tennessee, a conservative think tank and supporter of Gov. Bill Lee’s voucher program, yesterday asked the state Supreme Court to allow the program’s application process to begin, the Tennessean reports. The high court last week agreed to hear an appeal of the controversial program, which was ruled unconstitutional last summer. The new filing asks the justices to modify a lower court order blocking the program's launch and allow schools to begin the application and administrative process as soon as possible. Attorneys for the Beacon Center say the move would "preserve the effectiveness" of the court's judgement in their favor, should such a ruling come down. Shelby and Davidson counties have yet to file a response to the new request to open applications.

Posted by: Kate Prince on Feb 9, 2021

Owners of Nashville restaurant Jonathan's Grille last week lost a lawsuit against the city in federal court, after a judge ruled the restaurant had failed to prove that Metro’s COVID-19 restrictions violated their rights under both U.S. and state constitutions, the Tennessean reports. The lawsuit was filed in September by the restaurant's owners, claiming they and other restauranteurs have faced "economic devastation" from the restrictions on capacity imposed by public health orders that they feel are "vague." The case was dismissed without prejudice, leaving the door open for the suit to be refiled if the owners choose. This is the first major ruling in a series of lawsuits the owners have filed or joined regarding Metro Nashville's restrictions on downtown venues. Jonathan’s Grill has been cited at least eight times—the most of any business in the city—for COVID-19 violations that include patrons not wearing a mask, packed bar seats and improper social distancing.

Posted by: Kate Prince on Feb 9, 2021
News Type: Legal News

Gov. Bill Lee last night unveiled his $41.8 billion spending plan during the annual State of the State address, WPLN reports. Included in that plan are raises for state employees, a plan to set up broadband in rural communities, money for the maintenance of state buildings and the expansion of postpartum coverage through TennCare. Lee also said that, because Tennesseans “want a strong commitment to the Second Amendment and the right to protect themselves,” he will re-introduce a bill that would allow people to carry guns without a permit. Lee says he is hopeful for the future of the state, according to the Tennessean. “ Tennesseans will know tonight that tragedy has no hold on who we are or where we are headed," he said. "Tragedy will not define us and will not rob us of the opportunity that 2021 holds."

Posted by: Kate Prince on Feb 9, 2021
News Type: Legal News

After a failed referendum effort last fall, Nashville attorney Jim Roberts is making a second attempt at limiting the city’s property tax rate, the Tennessean reports. Roberts’ original ballot measure, which sought to repeal Nashville’s 34% property tax increase, was ruled invalid by Davidson County Chancellor Ellen Hobbs in November. Roberts said he’s confident his renewed effort will be successful, announcing yesterday that 200,000 petitions have been mailed this week to collect signatures. In addition to the provision on property taxes, the new petition seeks to cap future tax increases to 3% without voter approval, eliminate lifetime or other benefits for elected officials and more. The petition will need a minimum of 33,000 signatures and would still need to be approved by the Davidson County Election Commission and likely again by a judge before going before voters.

Posted by: Kate Prince on Feb 9, 2021
News Type: Legal News

Newly licensed attorney Austin Warehime of Nashville’s Ortale Kelley co-hosts the February episode of TBA’s BarBuzz podcast! Austin gives listeners his account of the fall 2020 bar exam and helps recap bar and legal news from across the state. BarBuzz is a monthly show and is part of the TBA Podcast Network. It can be found anywhere you listen to podcast or on the TBA’s website.

Posted by: Kate Prince on Feb 9, 2021
News Type: Legal News

Tennessee Department of Correction Commissioner Tony Parker has been sworn in as president of the American Correctional Association, the Associated Press reports. The virtual ceremony took place Saturday and marked the first time a TDOC commissioner has been chosen to lead the national organization in its 151-year history. During his two-year term, Parker says he plans to focus on initiatives to enhance safety, improve public perception and understanding of corrections, offer correctional staff higher educational opportunities, expand behavioral health training and expand technology use for rehabilitation and training. 

Posted by: Kate Prince on Feb 9, 2021
News Type: TBA CLE

TBA CLE will host Real Estate Concerns in Elder Law on March 23 from 11 a.m. until noon CST. This live virtual event will be led by Barbara Moss from Elder Law of Nashville and George Mudter of Mudter, Patterson & Cox PLLC, who will discuss the intersection of elder and real estate laws, including, best practices, common concerns and more.

Posted by: Stacey Shrader Joslin & Kate Prince on Feb 8, 2021
News Type: TBA CLE

What is the secret skill needed to master persuasive legal writing? Find out this week during Wednesday's 2021 Guide to Persuasive Legal Writing! The “CLE Performer” Stuart Teicher will instruct attendees on the technicalities of sentence structure, his method to reduce long sentences and more. The live virtual event is worth three dual CLE credits and will run from noon until 3:15 p.m. CST. Use the prepaid CLE credits that come with your TBA Complete Membership and save on this course. Not a member? Join today to start saving.

Posted by: Kate Prince on Feb 4, 2021
News Type: Legal News

Memphis’ Group Violence Intervention Program has announced a new partnership with New York City nonprofit Local Initiatives Support Corp. (LISC), the Daily Memphian reports. LISC was founded in 1979 and is known for connecting community organizations to grants and other public and private financing in 35 other cities. The partnership is one of several promised for the initiative by Mayor Jim Strickland’s administration. The program starts as a four-person office and a budget of about $2 million. It is designed to intervene in violent crime by working with those most likely to be the victims of such violence and those most likely to use such violence. The four-person staff will be led by former Juvenile Court Clerk Joy Touliatos.


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