TBA Law Blog


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Posted by: Kate Prince on Jan 31, 2023

Democratic members of the Tennessee General Assembly today introduced the Fundamental Right to Reproductive Health Care Act – a bill that would repeal the state’s total abortion ban, WPLN reports. Sen. London Lamar, D-Memphis, is sponsoring the legislation that she says puts the choice of abortion back into the hands of Tennessee women.  The measure would would create a fundamental right to reproductive healthcare including abortion, removing any need for exceptions. The bill would also delete any criminal penalties that a physician would face under the current law. House Speaker Cameron Sexton previously told WPLN News it was unlikely he could support a Democratic bill without strict limits on when an abortion could be performed.

Posted by: Kate Prince on Jan 31, 2023
News Type: Your Career

The Tennessee Department of Environment and Conservation’s (TDEC) Office of General Counsel is now accepting applications for a team lead/senior associate counsel in Nashville. This role will advise clients relative to state parks and natural areas (including hospitality operations and law enforcement), procurement of goods and services, administration of grant programs and land transactions that support TDEC’s mission. The team also advises boards administratively attached to TDEC, such as the Tennessee Historical Commission and the Ocoee River Recreation and Economic Development Fund Board. Learn more about the position and find application instructions on the TBA’s JobLink site.

Posted by: Kate Prince on Jan 31, 2023
News Type: Legal News

The Memphis Police Department confirmed a seventh, unnamed officer has been relieved of duty and further actions could be imminent at the start of the internal investigation into the murder of Tyre Nichols, the Daily Memphian reports. Four of the five ex-MPD officers charged with second-degree murder in the beating death of Nichols were suspended or received a written reprimand during their tenure with the department. Additionally, the Commercial Appeal reports that three Memphis Fire Department personnel were fired yesterday for failing to provide Nichols an "adequate patient assessment" when they were called to provide medical aid after he was beaten by police officers. Nichols will be laid to rest tomorrow at Mississippi Boulevard Christian Church in Midtown Memphis. Rev. Al Sharpton will give Nichols’ eulogy at the funeral, which will also be attended by Vice President Kamala Harris.

Posted by: Kate Prince on Jan 31, 2023
News Type: Legal News

Artificial intelligence program ChatGPT received less than mediocre scores recently when asked a series of questions about the U.S. Supreme Court, the ABA Journal reports. SCOTUSblog posed 50 questions to the chatbot, which has made headlines recently for its passing scores on two sections of a practice bar exam. ChatGPT missed 26 of the 50 questions and was outperformed by Google, even though Google can’t generate multiple paragraphs of text or have a conversation like the chatbot can. “ChatGPT’s mistakes varied widely,” SCOTUSblog reports. “Sometimes, it nailed the spirit of the question but misstated a factual detail or two, forcing us to mark the answer incorrect.” Read more ChatGPT’s answers.

Posted by: Kate Prince on Jan 31, 2023
News Type: Legal News

WPLN’s Curious Nashville series examines liabilities behind damages caused by dump trucks – even those that brandish “Keep Back 100 Feet” or “Not Responsible for Any Damage” signs. “They have the appearance of avoiding or waiving legal responsibility, but they are just signs,” says Isaac Kimes, a Nashville attorney who specializes in civil litigation. For motorists who’ve been impacted by dump truck damage, the piece recommends they take down the company name, license plate number or the truck owner’s name if they wish to pursue legal action.

Posted by: Kate Prince on Jan 31, 2023
News Type: Legal News

Tennessee Department of Children's Services Commissioner Margie Quin yesterday asked for approval to spend nearly $27 million to increase bed capacity and foster care placements for hundreds of children in state foster care, the Tennessean reports. The funding request is separate from the $156 million previously requested by DCS. The supplemental funds would primarily focus on increasing bed space for older and high-need children, in addition to increasing foster care placements for teenagers and large sibling groups. General state funds and TennCare would contribute the bulk of the funds, with some federal money added in. The department could begin using the funds immediately following legislative approval.

Posted by: Kate Prince on Jan 31, 2023
News Type: Politics

Nashville Mayor John Cooper will not run for re-election, the Nashville Post reports. Cooper was elected to the office in 2019 after serving one term on the Metro Council. His time in office has been defined by the 2020 tornado, COVID-19, the Christmas 2020 bombing and a push to build a new stadium for the Tennessee Titans. Former Metro official Matt Wiltshire and Metro councilmembers Freddie O'Connell and Sharon Hurt are among those running for the position. During a press conference today, Cooper spoke about the “unprecedented challenges” he’s faced during his time as mayor. "I never wanted to campaign — I wanted to govern,” he added.

Posted by: Kate Prince on Jan 26, 2023
News Type: Legal News

The Tennessee Attorney General’s Office recently filed a response brief in Tennessee v. Department of Education at the Sixth Circuit. This brief defends the preliminary injunction issued by the Eastern District of Tennessee in July 2022 regarding guidance documents from the U.S. Department of Education. The multistate coalition, led by Tennessee, states in the brief, “the interlocutory appeal presents important issues of constitutional law and statutory interpretation and implicates billions of dollars of federal funding for Plaintiff States.” Read more from the AG’s office.

Posted by: Kate Prince on Jan 26, 2023

A special ad-hoc legislative committee met yesterday to discuss the juvenile justice system and make recommendations for the state moving forward, the Tennessean reports. The committee recommended the state increase mental health services and some punitive measures at the state's Department of Children Services-run juvenile detention centers — in addition to calling for a unified courts system to help judges better share juvenile case information across jurisdictions. Additionally, the committee recommended lowering the age a teenager could be designated as "incorrigible" from 18 to 17, establishing a “step-down” housing pilot and increasing DCS salaries.

Posted by: Kate Prince on Jan 26, 2023

Republican lawmakers have introduced new legislation that would regulate the sale and production of delta-8, a hemp-derived cannabinoid product, the Tennessean reports. State House Majority Leader William Lamberth, R-Portland, and Sen. Richard Briggs, R-Knoxville, introduced the bill, which would ban the product from those under the age of 21, add an additional sales tax of 5% and create a regulation process of the product through the Department of Agriculture. The bill was put forth after legislation to ban the product failed last year.


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