TBA Law Blog


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Posted by: Kate Prince on Aug 2, 2022
News Type: Legal News

Tennessee Attorney General Herbert Slatery today announced that the state will join an Anti-Robocall Litigation Task Force of 50 attorneys general to investigate and take legal action against the telecommunications companies responsible for bringing a majority of foreign robocalls into the United States. The task force has issued civil investigative demands to 20 gateway providers and other entities who, according to the release from the AG’s office, are not taking sufficient action to stop robocall traffic. “We wouldn’t be bombarded with robocalls if it wasn’t benefitting certain companies in the telecommunications industry,” Slatery said. “These calls are not only a nuisance but a scam risk to many in Tennessee and nationwide.”  

Posted by: Kate Prince on Aug 2, 2022
News Type: Legal News

A story from MLK50: Justice Through Journalism highlights the differences in how Shelby County’s six General Sessions Civil Court judges handle eviction cases. MLK journalists sat through hearings in front of all six judges over the course of three weeks, observing at least 10 eviction cases in which the tenant came to court in each courtroom. Of those cases, Judges Danielle Mitchell Sims, Betty Thomas Moore and Deborah Henderson were the only judges to bring up the Emergency Rental Assistance funds — a federal program that could cover up to 12 months of past-due rent and two months of future rent. The Commercial Appeal has a breakdown of MLK’s report, including why other judges did not mention the ERA program in court and how certain state housing policies prevent judges from doing more in eviction cases.

Posted by: Kate Prince on Aug 2, 2022
News Type: Legal News

Tennessee appellate courts hit a milestone recently after livestreaming 1,000 cases. Livestreaming began during the pandemic to ensure public access to oral arguments, but the Tennessee Supreme Court and Court of Appeals opted to keep livestreaming after returning to the courtroom. Participating judges say livestreaming improves transparency, encourages public understanding of the appellate court’s process and helps lawyers better prepare for oral arguments. “Transparency builds confidence and trust in the court system. We have always welcomed the public into the courtroom, but livestreaming opens the doors to thousands of more viewers,” Tennessee Supreme Court Chief Justice Roger Page said. Appellate oral arguments have been viewed more than 140,000 times on the TNCourts and TNCourts2 YouTube channels, which have a combined total of more than 3,000 subscribers. Read more from the Administrative Office of the Courts.

Posted by: Kate Prince on Aug 2, 2022
News Type: Legal News

The Trial Court Vacancy Commission interviewed five candidates for a vacancy on the Sixth Judicial District Criminal Court, which covers Knox County. Following the public interviews, the commission voted to send the names of Emily Faye Abbott, Hector I. Sanchez and Wesley D. Stone to Gov. Bill Lee for his consideration. The vacancy was created after Judge Kyle A. Hixson was confirmed to the Court of Criminal Appeals – Eastern Section. The Administrative Office of the Courts has more on the candidates.

Posted by: Kate Prince & Stacey Shrader Joslin on Aug 1, 2022
News Type: TBA CLE

Don't miss a webcast replay next Wednesday of a program that explores the impact of secondary trauma. Join Cindy Sharp and Becky Howlett from The Legal Burnout Solution on Aug. 10 from noon to 1 p.m. CDT for “How Secondary Trauma Affects Attorney Mental Health." The program will discuss the emotional stories, disturbing evidence, and highly charged situations legal professionals can encounter and how those experiences can cause secondary or vicarious trauma. Howlett, a certified meditation instructor and attorney, will lead mindfulness practices throughout the session.

Posted by: Kate Prince on Jul 27, 2022
News Type: Team TBA

Please welcome Hank Elliott, the newest member of our CLE Team! As the AV & Webcasting Coordinator, Hank plans, produces and provides front-line support for anything at the TBA that has an audio/visual element, including all our webinars and virtual CLEs! Hank is an avid Tennessee Vols fan and is headed to Baton Rouge, LA, this fall to knock another SEC stadium off his bucket list! He loves kayaking, traveling, hiking and hey — he’d make a great addition to your bar trivia team because he’s got a knack for historical trivia! Welcome, Hank!

The #TeamTBA series offers members a behind-the-scenes look at the inner workings of the TBA and how each staff members makes the association run. Check back every Wednesday for a new staff profile in TBA Today and on the TBA's Facebook, Twitter and Instagram accounts.

Posted by: Kate Prince on Jul 26, 2022
News Type: Congressional News

Nearly six months after he was cleared by the Senate Judiciary Committee, the appointment of Memphis attorney Andre B. Mathis to the U.S. 6th Circuit Court of Appeals remains stalled in the U.S. Senate, the Daily Memphian reports. Mathis, a partner at Butler Snow, would replace fellow Memphian Bernice Donald, who was appointed by former President Barack Obama in 2010 and plans to take senior status. He is one of 17 judicial nominees of President Joe Biden awaiting a floor vote by the Senate.

Posted by: Kate Prince on Jul 26, 2022

The U.S. Supreme Court on Tuesday filed its final judgement overturning the landmark Roe v. Wade abortions right case, triggering a 30-day countdown to Tennessee’s near-total abortion ban, the Tennessean reports.  The “trigger ban” is set to supersede the six-week ban that has been in place since June. It contains no exceptions for rape or incest or for victims of child sexual abuse. Tennessee Attorney General Herbert Slatery released a statement this afternoon announcing he had notified the Tennessee Code Commission of the judgement which, per the trigger ban legislation, is required of him for the countdown to begin. The ban will take effect on Aug. 25.

Posted by: Kate Prince on Jul 26, 2022
News Type: Legal News

Attorney General Herbert Slatery is leading a 22-state coalition of attorneys general who are seeking to stop the Biden Administration’s enforcement of federal anti-discrimination laws, WPLN reports. The lawsuit challenges guidance from the USDA’s Food and Nutrition Services (FNS) that recognized protections for LGBT students and employees under Title IX. Under that guidance, any state, local agency or program receiving FNS funds would risk losing funding for discrimination based on gender or sexuality. Slatery released a statement today calling the measure an “expansive and unlawful interpretation of federal antidiscrimination laws.” The coalition is asking the court to declare the USDA memoranda and rule invalid and unlawful and to prohibit enforcement. 

Posted by: Kate Prince on Jul 26, 2022
News Type: Legal News

Longtime Collegedale City Judge Kevin Wilson says the state attorney general’s office has informed him that there are no prohibitions blocking him from also serving as the judge in East Ridge, the Chattanoogan reports. In order for Wilson to keep his part-time judgeship in East Ridge, Ordinance #1166, which “amends the city charter to allow the City Court judge to hold another part-time elected judicial position,” must pass. The ordinance will appear on the Aug. 4 ballot.


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