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Federal Judge: DOE Changes to Loan Forgiveness Program 'Arbitrary, Capricious'

Posted by: Katharine Heriges on Feb 25, 2019
In a case filed by the American Bar Association, a judge ruled Friday that the U.S. Department of Education improperly changed the terms of the Public Service Loan Forgiveness Program (PSLF) for some men and women who have dedicated their careers to public service. In his opinion, U.S. District Judge Timothy J. Kelly said changes to the eligibility requirements made several years after the program began were “arbitrary and capricious.” Kelly ruled in favor of three individual plaintiffs who worked several years in public service and were initially approved for loan forgiveness, only to be notified years later that the approval was retroactively denied by the Department of Education based on new rules.

Bill Would Make It Easier to Get Concealed Carry Permit in Tennessee

Posted by: Katharine Heriges on Feb 25, 2019
A bill has been introduced in the legislature that would lessen requirements for obtaining a concealed carry permit, The Tennessean reports. Under the current system, individuals must pay $100, take an eight-hour training course and undergo a background check. The new proposal, which sponsor Rep. Andy Holt says was designed to make the process cheaper for permit-seekers, would reduce the number of training hours required to two. It would also allow people to renew their permit every eight years instead of every five.

HCA Accused of Submitting False Claims to Government Insurance Programs

Posted by: Katharine Heriges on Feb 25, 2019
Nashville-based HCA Healthcare has been accused of submitting false claims to government insurance programs at a hospital in San Jose, California, according to a recently unsealed federal whistleblower suit filed in 2017, The Nashville Post reports. According to the complaint, Regional Medical Center officials submitted fraudulent inpatient care claims to federal and state insurance providers while patients were still physically located in the hospital's emergency department. The hospital allegedly required emergency room nurses to fraudulently chart medical records that led to higher reimbursements.

TBA Bills Advance in Judiciary Committee

Posted by: Katharine Heriges on Feb 22, 2019
Despite having a somewhat compressed schedule due to the President’s day holiday, the legislature picked up steam this week in anticipation of Gov. Bill Lee’s State of the State address, which will occur in less than two weeks. The TBA's adoption bills, SB208/HB287 and SB207/HB288 both passed the House Judiciary Committee this week, with SB208 also passing in the Senate. The CATALYST bill (SB837/HB1002), which requires every person applying for a driver license or photo identification card to be automatically registered to vote upon the applicant's 18th birthday, will go before the Senate State and Local Government Committee next week. SB719/HB854, which allows a trial court to exercise domestic relations jurisdiction regardless of the nature of the allegations unless and until a pleading is filed or relief is otherwise sought in a juvenile court invoking its exclusive original jurisdiction, will be considered by the full House Judiciary Committee next week.

Facial Recognition Scanning on the Rise Amid Concerns for Privacy, Accuracy

Posted by: Katharine Heriges on Feb 22, 2019
A new piece in the ABA Journal examines the rise of facial recognition software and addresses the reality that it’s likely here to stay. Prominent examples include the use of facial recognition at Taylor Swift concerts to spot known stalkers of the pop star, plans to add such capabilities to customs inspection areas at Tokyo Narita Airport, as well as numerous uses in retail. Despite advances in the technology, privacy and civil rights groups are concerned that it remains prone to error. A 2018 study, for example, showed a 34 percent error rate in identifying darker-skinned women.

Video Shows THP Trooper Offering to Destroy Evidence of Police Officer Crime

Posted by: Katharine Heriges on Feb 22, 2019
A new video shows Tennessee Highway Patrol Trooper Howard Greenlee offering to destroy evidence of a former Knoxville Police Department officer’s crime, Knoxnews reports. When confronted months later, Greenlee claimed he was lying to KPD Lt. James Settlemeyer when he made the offer because he wanted to keep the peace between THP and law enforcement in Knoxville. Greenlee remains on the force, having received a written reprimand for his offer to destroy video evidence against former KPD officer Raiques Crump. The Knox County District Attorney General’s office is now being forced to reveal Greenlee’s offer to destroy evidence in the Crump investigation in all cases in which Greenlee is involved, giving defense attorneys the opportunity to use it to attack Greenlee’s credibility on the witness stand.

End Slavery Tennessee Names New CEO

Posted by: Katharine Heriges on Feb 22, 2019
End Slavery Tennessee announced this week the addition of Marjorie Quin, recognized nationally as an expert in human trafficking policy, laws and enforcement. Quin is the retired Tennessee Bureau of Investigation Assistant Special Agent In Charge who was responsible for leading state efforts to fight human trafficking. Current CEO Derri Smith will move from the role of CEO to an active role as “Founder” and Quin will step into the CEO position to run day-to-day operations, effective June 1. Smith founded the local effort 10 years ago to raise awareness of human trafficking and provide a comprehensive system of care for local survivors. The agency now cares for over 200 survivors per year, providing intensive case management, housing, mental health therapy, transportation, work experience, basic needs, support groups in a survivor community and other services.

Attorneys for Rep. Byrd Ask Federal Court to Drop Free Speech Lawsuit

Posted by: Katharine Heriges on Feb 22, 2019
State Rep. David Byrd, R-Waynesboro, has asked a federal court to dismiss a lawsuit in which a Wayne County High School student alleged that the lawmaker and school officials violated free speech rights by telling students to wear shirts advertising Byrd’s campaign, The Nashville Post reports. The defendants alleged in a Thursday court filing that the anonymous student was not on the field trip last year. Byrd’s attorneys argued that prior to the student’s “voluntary decision to forego attending the field trip” he was told there was “no requirement whatsoever” that the student wear the t-shirt.

Shelby Juvenile Judge Gives Remarks, Vows to Continue to Improve Court

Posted by: Katharine Heriges on Feb 22, 2019
Shelby County Juvenile Court Judge Dan Michael vowed to continue efforts to improve the court while he gave a “State of the Court” address today, The Daily Memphian reports. He congratulated staff for helping to end federal oversight of the court, and touted the hiring of consultants like Melissa Sickmund, who will analyze data and offer feedback on issues related to minority children at the facility, as signs of continuing accountability. 

TBA Launches Reporters Workshop

Posted by: Katharine Heriges on Feb 22, 2019
The Tennessee Bar Association, its Communications Law Section and the Tennessee Association of Broadcasters have announced the inaugural Reporters Workshop in Nashville on May 17-18. Twelve print, online, television, and/or radio journalists will be selected to complete the training, which will focus on access to government information, defamation and privacy concerns in reporting, and other timely topics. Applications are due March 29. For additional information, contact TBA program coordinator Jennifer Vossler.
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