TBA Law Blog


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Posted by: Kate Prince on Jun 28, 2022

Results from a Knoxville Bar Association member survey show strong support for retaining all five of the state's Supreme Court justices and six Eastern Section judges on the Court of Appeals and Court of Criminal Appeals. Two judges on the Court of Criminal Appeals for the Eastern Section have announced their retirement and were not included in the poll: Judge Norma McGee Ogle and Judge D. Kelly Thomas Jr. The survey, which was voluntary and not representative of a scientific sampling of KBA members, is available to voters to assist them at the polls. Read all results from the KBA.

Posted by: Kate Prince on Jun 28, 2022
News Type: Upcoming

A retirement celebration for Davidson County Seventh Circuit Probate Court Judge Randy Kennedy will be held on Aug. 23, 2- 4 p.m. CDT, on the sixth floor of the Historic Davidson County Courthouse. A committee is actively planning the event and more information will follow. Please contact Adam Hill with questions or ideas.

Posted by: Kate Prince on Jun 28, 2022
News Type: Legal News

Fifteenth Judicial District Public Defender Shelley T. Gardner has been elected president of the Tennessee District Public Defenders Conference —a statewide system made up of 400 public defenders from Tennessee’s 31 districts. Gardner will lead an executive committee tasked with assisting public defenders across the state discharge their duties. Gardner was appointed to the 15th District, serving Jackson, Macon, Smith, Trousdale and Wilson counties, in 2018 by then Gov. Bill Haslam and was re-elected in 2020. She has been with the office since 2002, first as an assistant public defender, and has been a member of the district’s Drug Court Team for 20 years. Read more from the Tennessee District Public Defenders Conference.

Posted by: Kate Prince on Jun 28, 2022
News Type: Legal News

The U.S. Court of Appeals for the District of Columbia Circuit has granted a request from Juul Labs Inc. to temporarily block a government ban on its e-cigarette production, NPR reports. The Food and Drug Administration (FDA) last week said Juul must stop selling its vaping device and its tobacco and menthol flavored cartridges, an action the company called “extraordinary and unlawful.” Juul said that the FDA cannot argue that there was a "critical and urgent public interest" in immediately removing its products from the market when the agency allowed them to be sold during its review. A three-judge panel from the appeals court granted Juul's request for a hold while the court reviews the case.

Posted by: Kate Prince on Jun 28, 2022
News Type: Passages

Forrest Bedford Smith Jr. died on May 5. He was 87. Smith grew up in Shelbyville and was a longtime Nashville area resident before moving to Florida upon retirement. He began his career as an engineer with the Arnold Engineering Development Complex (AEDC), where he was employed when he graduated from the Nashville School of Law and passed the bar exam in 1975. While at AEDC he was responsible for developing the center’s strategic planning process that set a national standard for government organizations. Celebration of life services will be held July 9 at 10 a.m. CDT at First United Methodist Church, 122 Public Square N., Shelbyville. In lieu of flowers donations may be made to First United Methodist Church of Shelbyville or a charity of your choice.

Posted by: Kate Prince on Jun 28, 2022

The 6th Circuit Court of Appeals has vacated an injunction that blocked Tennessee’s “fetal heartbeat” law. That law bans abortions as early as six weeks into pregnancy, the Tennessean reports. The Attorney General’s office filed an emergency motion on Friday after the U.S. Supreme Court overturned Roe v. Wade, arguing it had “a valid interest in protecting the lives of unborn Tennesseans" and asking for a rapid ruling. The SCOTUS ruling also triggered legislation passed by state lawmakers in 2019 that will enforce a near-total abortion ban in 30-days. According to Nashville’s NewsChannel 5, that law will focus on doctors who perform abortions and could potentially prosecute women who have abortions.

Posted by: Kate Prince on Jun 23, 2022

Tennessee House Republican leadership yesterday asked Gov. Bill Lee to block the Department of Health from "distributing, promoting or recommending" the COVID-19 vaccine for children under 5, the Tennessean reports. Rep. Jason Zachary, R-Knoxville, authored the letter to Lee, which was co-signed by House Speaker Cameron Sexton, R-Crossville, Majority Leader William Lamberth, R-Portland, and Republican Caucus Chairman Jeremy Faison, R-Cosby. In the letter, the group asks Lee to block distribution of the vaccine until "more clinical evidence is available." Zachary said parents who want the vaccine could seek it out from a private doctor but called on Lee to block local health departments from administering the shot to children under 5. Lee’s office acknowledged it had received the letter, but offered no further comment.

Posted by: Kate Prince on Jun 23, 2022
News Type: Legal News

Gov. Bill Lee has appointed Knoxville attorney Meredith B. Weaver as judge on the Workers’ Compensation Appeals Board for the Tennessee Bureau of Workers’ Compensation (BWC). Weaver is an attorney with Peterson White and has practiced in workers’ compensation and employment law for 18 years. She will replace retiring Judge David Hensely on the Appeals Board. Weaver is a TBA member, a member of the East Tennessee Legal Association of Women and has served on the board of CASA of East Tennessee. She will be sworn in tomorrow. Read more from the BWC

Posted by: Kate Prince on Jun 23, 2022
News Type: U.S. Supreme Court

The U.S. Supreme Court today struck down New York’s requirement that “proper cause” must be shown to obtain a concealed-carry gun license, ABA Journal reports. The 6-3 decision ruled that New York’s law violated Second Amendment protections of a person’s right to carry a handgun for self-defense outside the home. The New York law at issue required proper cause for concealed-carry licenses but banned the open carry of firearms entirely. In his dissent, Justice Stephen Breyer noted that the decision “severely burdens states’ efforts” to address violence with gun laws. Attorney General Herbert Slatery today commended the high court for its decision. Tennessee previously joined 25 states in an amicus brief supporting the New York State Rifle & Pistol Association.

Posted by: Kate Prince on Jun 23, 2022
News Type: Legal News

Attorney General Herbert H. Slatery today announced that Tennessee, alongside 45 attorneys general, has joined a $1.25 million multistate settlement with Carnival Cruise Line following a 2019 data breach. About 180,000 Carnival employees were impacted by the breach, which included included names, addresses, passport numbers, driver’s license numbers, payment card information, health information and some Social Security numbers. The state will receive $19,855.20 from the settlement. Read more on the story from the AG’s office.


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