TBA Law Blog


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Posted by: Kate Prince on Jul 28, 2020
News Type: Legal News

The families of three Shelby County Justice Center detainees have hired a Memphis attorney to investigate after all three men died within one week, the Daily Memphian reports. Richard Willingham, who died on July 14, and DeMarcus Jarrett, who died on July 21, both passed away after being taken from the jail to the hospital. Preliminary reports indicate the deaths of both men were possibly related to preexisting conditions. The third man, Michael McCabe, died on July 17 after being found unresponsive in his cell. Authorities are calling his death a suicide. Despite the preliminary reports, attorney Brice Timmons has been hired to look into the deaths. “I have never seen anything like that before and the explanations that have been provided to the families are speculative and are insufficient,” Timmons said. An official cause of death has not yet been determined for any of the men, but the Sheriff’s weekly Twitter post last Friday said that no detainee has died from COVID-19.

Posted by: Kate Prince on Jul 24, 2020
News Type: Legal News

House Speaker Nancy Pelosi and Senate Majority Leader Mitch McConnell yesterday announced that civil rights icon and longtime Congressman John Lewis will lie in state at the U.S. Capitol next week, USA Today reports. Lewis died last Friday at the age of 80 after a battle with cancer. An invitation-only ceremony will take place Monday afternoon while Lewis lies in state at the Capitol Rotunda. The general public will be allowed to pay their respects later Monday and on Tuesday. Lewis will lie in state outdoors for the public visitation on the East Front Steps of the Capitol because of COVID-19 precautions and all visitors will be required to wear a mask in accordance with Washington’s mandate. Lewis' family asked that people not travel from across the country to Washington, D.C., because of the pandemic, and instead asked for virtual tributes online with the hashtags #BelovedCommunity or #HumanDignity.

Posted by: Kate Prince on Jul 24, 2020
News Type: Legal News

After staying the execution of death row inmate Harold Wayne Nichols last week, Gov. Bill Lee explained his decision to reporters during his weekly news briefing yesterday, the Associated Press reports. Last week, Lee cited challenges caused by the COVID-19 pandemic as the sole reason of temporarily delaying the Aug. 4 execution and yesterday said he did not believe the amount of resources needed to pull off an execution in the middle of a pandemic was the “right thing to do.” “That individual, the inmate there, is allowed due process in order to get to a place where they can present a clemency request and they did not believe they had the appropriate environment to provide a clemency request,” Lee said. Additionally, Lee explained that limited access to the state’s prisons — particularly to faith leaders who meet with death row inmates — heavily influenced his decision.

Posted by: Kate Prince on Jul 24, 2020
News Type: COVID-19 News

A panel of legal professionals on Monday said that, four months into the COVID-19 pandemic, many attorneys seem to have adjusted to working from home and may not need to get back in the office anytime soon, Law360 reports. The New York City Bar Association hosted the event to discuss challenges facing the legal profession during the pandemic. Debevoise & Plimpton LLP partner Jyotin Hamid told the audience, "I think now that we've recognized that we can do a lot more than we might have imagined remotely, we're going to continue to do that because it's better in so many ways." Other speakers said they are expecting firms to continue to offer flexible working arrangements because not all attorneys wish to go back to the office. One panelist listed health concerns and family responsibilities as reasons some attorneys don’t wish to go back, adding that law firms can’t dictate which employees qualify as “high-risk” for severe illness from the virus. 

Posted by: Kate Prince on Jul 24, 2020

The Tennessee Supreme Court today set oral argument for Earle J. Fisher et al v. Tre Hargett et al for July 30 at 10:30 CDT. The case is being consolidated with Benjamin Lay et al. v. Mark Goins et al. Both cases address voting via absentee ballot. The oral arguments will take place remotely via Zoom and will be live-streamed to the TN Courts YouTube page. Find more on both cases here.

Posted by: Kate Prince on Jul 24, 2020
News Type: Legal News

A federal judge today ruled that the controversial abortion bill signed into law earlier this month by Gov. Bill Lee will not be allowed to move forward, the Tennessean reports. District Judge William L. Campbell stopped the rollout of the law less than an hour after it was signed by Lee by issuing a temporary restraining order. Today, Campbell granted a preliminary injunction that blocks the state from implementing the law while the courts rule on the case. Planned Parenthood, the American Civil Liberties Union and other abortion rights groups filed a lawsuit against the bill in federal court in June after it passed the Senate in a 23-5 early morning vote. They argue the bans are unconstitutional and contradict U.S. Supreme Court rulings in Roe V. Wade and other landmark cases.

Posted by: Kate Prince on Jul 24, 2020
News Type: Legal News

A widespread Twitter conversation has brought to light claims that some states do not allow menstrual products at bar exams, the ABA Journal reports. Cat Moon, director of the Innovation Design for the Program on Law and Innovation at Vanderbilt Law School, started a Google survey on July 16 asking people to weigh in on the issue and, out of 50 responses, found that people reported menstrual product bans in Texas, West Virginia and Arizona. Representatives from Arizona and West Virginia said they do not prohibit those items, but the executive director of the Texas Board of Law Examiners confirmed that the state does prohibit feminine hygiene products in the testing room but stocks the testing center bathrooms with free menstrual products. According to various tweets in the conversation, the cause for concern comes from the fear that test takers could cheat by writing answers on the tampons or pads. While it seems most jurisdictions do allow for these products to be brought in, Moon says there seems to be a significant amount of confusion on the issue. Moon also questions bar examiners providing menstrual products for test-takers in place of letting individuals bring their own supplies.

Posted by: Kate Prince on Jul 24, 2020

2020 has introduced dispute resolution professionals to technology tools with which they were unfamiliar mere months ago. How have we fared? Presented by the Dispute Resolution Section, this Zoom roundtable moderated by Larry Bridgesmith will explore meeting platforms, techniques, traps and tools of the “Zoom” era. Join in to learn from those who have been forced to become online ADR experts overnight. Lessons learned the hard way can sometimes be our best teachers. This roundtable is free and open to all members of the TBA. RSVP by 11 a.m. CDT on Aug. 13.

Posted by: Kate Prince on Jul 24, 2020

Legal Aid Society of Middle Tennessee and the Cumberlands will host two phone clinics next week for members of the public with questions about housing and renters’ rights, bankruptcy, medical bills, debt collection, domestic violence, SNAP benefits and unemployment benefits. Clinics will take place Monday from 4:30 to 6:30 p.m. and Wednesday from 11 a.m. to 1 p.m. CDT. Those needing assistance may call 800-238-1443 during these times. To volunteer for a clinic, contact Andrae Crismon or Kendra Cheek or call 615-780-7131. See the list of clinics for all of July.

Posted by: Kate Prince on Jul 24, 2020
News Type: Passages

Attorney Matthew B. Long died July 19 at the age of 37. Long was a 2013 graduate of the Lincoln Memorial University Duncan School of Law where he served as Moot Court president and as an intern law clerk for Chief Justice Gary Wade of the Tennessee Supreme Court. He began his legal career at Gilreath & Associates and later moved to Nashville to open the Tennessee division of the Atlanta-based Roth Firm. Long returned to Knoxville last August where he opened the Law Office of Matt Long. Matt was active in the Tennessee Trial Lawyers Association and served for many years in the Knoxville Barristers and on the Functions Committee of the Knoxville Bar Association. A Celebration of Life will be held at Calhoun’s on the River from 4- 8 p.m. EDT on July 30. Due to COVID-19 restrictions, there is a limit of 50 people allowed in the banquet room at one time. Attendees are asked to  stagger their arrival times to avoid overcrowding and to wear a mask.


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