TBA Law Blog


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

We are excited to share the new TBA website and hope you have had a chance to visit. TBA implemented a new system to ensure that our website, database and communication tools continue to meet the standards necessary to best serve our members and we want to hear from you. We received comments from a few members that Monday’s formatting of TBA Today, specifically the “Opinions” section had glitches. We made updates to the template and in testing, the issues were resolved. We also added a link at the top of the TBA Today email to view the newsletter in a browser. We continue to welcome your questions and comments regarding the new site and ask that you contact us to report any issues you are experiencing so we can address them. Call 615-383-7421 or email membership@tnbar.org. TBA will continue to use this Launch Information page for updates about the new website and email communications.

Posted by: Kate Prince on Jan 28, 2020

The Supreme Court today reversed a decision from the Court of Appeals in a wrongful death case and reinstated the trial court’s pre-trial dismissal for lack of proof. The court explained that the standard appellate courts use to review motions to amend a judgement is called “abuse of discretion.” When those decisions are appealed, appellate courts may only reverse if the trial judge “abused” his or her discretion. In this case, the court found that the Court of Appeals had substituted its judgement for that of the trial court and reinstated the trial court’s decision after finding it was not outside the “range of reasonableness."

Posted by: Kate Prince on Jan 28, 2020
News Type: BPR Actions

Yesterday, Louisville attorney Cassidy Teater was prohibited from practicing law in the courts of the State of Tennessee by the state Supreme Court and ordered to pay restitution to one client as a condition of reinstatement. Teater, who is licensed to practice law in Kentucky and Texas, represented an individual in U.S. Immigration Court while living in Nashville. After accepting payment from the client, Teater ceased communication and failed to perform the services for which she was paid, a violation of the Rules of Professional Conduct 1.1, 1.3, 1.4(a), 1.5, 1.16(d), 8.1(b) and 8.4(a). Teater must pay the court within 90 days of the order.

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

A three-judge panel of the 6th U.S. Circuit Court of Appeals on Friday sided with a district court ruling that rejected a lawsuit challenging the security of voting machines in Shelby County, the Commercial Appeal reports. The lower court ruling was made in September against the Shelby County Advocates for Valid Elections lawsuit. The group had sued for a switch to handwritten ballots and a voter verifiable paper trail, arguing that the touchscreen voting machines in Memphis aren’t secure. Appellate judges wrote that the plaintiffs failed to show that there is an imminent risk of people hacking into voting machines in the county.

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

President Donald Trump today announced plans to nominate former state House Speaker Beth Harwell and East Tennessee State University President Brian Noland to the Tennessee Valley Authority Board of Directors, the Knoxville News Sentinel reports. In 2011, Harwell became the first female speaker of the House. She retired to launch an unsuccessful bid for governor in 2018 and has since worked for private companies and taught a political science class at Middle Tennessee State University. Noland has been ETSU’s president since 2012 and previously served as chancellor of the West Virginia Higher Education System for six years. The TVA board is made up of nine members who must first be nominated by the president and then approved by the U.S. Senate before serving their five-year terms.

Posted by: Kate Prince on Jan 28, 2020
News Type: Passages

Tullahoma lawyer Kenneth J. Shelton Jr. died Jan. 25 at the age of 65. Shelton earned his law degree from Memphis State University before going on to serve as an assistant district attorney in Coffee County for 36 years. Funeral services were held today in Tullahoma at the Trinity Lutheran Church, followed by burial services at Rose Hill Memorial Gardens. In lieu of flowers, the family asks that donations be made to either Trinity Lutheran Church, 705 Wilson Avenue, Tullahoma 37388, or the Tullahoma Sports Council, c/o Financial Management Advisors, 115 N. Jackson St., Tullahoma 37388.

Posted by: Kate Prince on Jan 28, 2020
News Type: Upcoming

The Knoxville Bar Association’s Bankruptcy Section is partnering with Legal Aid of East Tennessee, with the support and involvement of U.S. Bankruptcy Judge Suzanne H. Bauknight, to create a Pro Bono Debt Relief Clinic that will provide pro bono legal services to income eligible consumer debtors. The next clinic will take place on Feb. 8 from 9:30 a.m. to noon at the Knox County Public Defender’s Community Law Office, 1101 Liberty St., Knoxville 37919. Learn more or volunteer for the clinic on the KBA’s website.

Posted by: Kate Prince on Jan 24, 2020

Don't miss this week's Legislative Updates podcast, hosted by the TBA’s director of public policy and government affairs, Berkley Schwarz. Clay Byrd of Adams and Reese joins the show to give a rundown of important deadlines, upcoming events and other news from the Tennessee General Assembly. The show livestreams on the TBA’s Facebook page every Thursday. Legislative Updates is part of the Tennessee Bar Association Podcast Network and can be found on the TBA's website or wherever you listen to podcasts, simply by searching "TBA Legislative Updates."

Posted by: Kate Prince on Jan 23, 2020
News Type: Upcoming

The Legal Aid Society of Middle Tennessee & the Cumberlands will host its Breakfast of Champions next month in celebration of those in the community who have worked to ensure access to justice for low-income Tennesseans. The event will be held on March 4 from 7:30 to 9 a.m. at City Winery, 609 Lafayette St., Nashville. Buy tickets here or to sponsor the event by purchasing a table for eight contact Brittney Jerkins.

Posted by: Kate Prince on Jan 23, 2020
News Type: Upcoming

The Legal Aid Society of Middle Tennessee & the Cumberlands will host two legal clinics over the next week in Nashville and Maury County. The Nashville clinic will be held at the Belmont Ministry Center over the weekend on Jan. 25 from 8:30 to 11 a.m. The Maury County Clinic will be held at the Maury County Library in Columbia on Jan. 27 from 4:30 to 6:40 p.m. For more information on the Belmont clinic, call 615-780-7131. For the Maury County clinic, call 800-238-1443.


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