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TBA Law Blog

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Bill to Halt Mistreatment of Tennessee Walking Horses Passes U.S. House

Posted by: Katharine Heriges on Jul 25, 2019
News Type: Congressional News
The U.S. House today overwhelmingly approved a bill meant to stop the intentional mistreatment of Tennessee Walking Horses, USA Today reports. The Prevent All Soring Tactics (PAST) Act won approval on a 333 to 96 vote. The legislation amends the 1970 Horse Protection Act, which banned sored horses from competing in shows, exhibitions or sales. However, the older law was widely ignored, and the new version, sponsored by U.S. Rep. Steve Cohen, D-Memphis, would tighten restrictions and increase penalties. U.S. Rep. Scott DesJarlais, whose district is home to many Tennessee Walking Horse breeders and trainers, spoke in opposition of the bill during a House debate Wednesday night. The South Pittsburg Republican said horse inspectors were "abusing the process" and that owners were being disqualified from performing in shows. "The only problem with the Tennessee Walking Horses today is that the current inspection methods are subjective," Desjarlais said.

DA Northcott Says Critics Are Infringing Upon His Religious Beliefs

Posted by: Katharine Heriges on Jul 25, 2019
News Type: Legal News
District Attorney Craig Northcott, facing criticism for expressing doubt about whether Muslims and LGBT individuals are entitled to legal protections, says his critics are trying to infringe upon his religious rights, NewsChannel5 reports. His argument came during a court hearing in which the attorney for student activist Justin Jones unsuccessfully tried to get the Coffee County DA disqualified as a special prosecutor. Davidson County General Sessions Judge Dianne Turner said she believed that she did not have the authority to remove a prosecutor unless there were questions about the validity of the person's law license.

DOJ Announces Federal Government Will Resume Executions

Posted by: Katharine Heriges on Jul 25, 2019
News Type: Legal News
U.S. Attorney General Bill Barr recently announced that the federal government will resume capital punishment for the first time in nearly two decades, ABC News reports. The Department of Justice said in the announcement that Barr asked Acting Director of the Federal Bureau of Prisons to schedule executions of five inmates. All executions will take place at U.S. Penitentiary Terre Haute, Indiana, between December 2019 and January 2020. Seventy-eight federal defendants have been sentenced to death between 1988 and 2018. Only three have been executed and 12 were removed from death row.

Williamson County Lawyer Censured

Posted by: Katharine Heriges on Jul 25, 2019
News Type: BPR Actions
Williamson County lawyer Tiffany Marcilynne Johns on Wednesday received a public censure from the Board of Professional Responsibility. Johns was hired to defend a client on a petition for contempt. The petition alleged that Johns’ client had sent text messages to a neighbor in violation of an order of protection. Prior to any evidentiary hearing on the matter, Johns recommended that her client settle the matter by paying the neighbor’s alleged lost wages and attorney fees, without any proof of the wages provided, in a total amount “up to $5,000.” Johns and opposing counsel believed an agreement had been reached on these terms, but over the next two weeks, Johns’ client sent her two text messages and an email indicating she did not believe the matter had been settled. Opposing counsel then provided a draft order for Johns’ approval which stated that her client would pay the neighbor $5,500. Johns told opposing counsel to sign her name to the order without providing a copy of it to her client for review.  

Loudon County Lawyer Disbarred

Posted by: Katharine Heriges on Jul 25, 2019
News Type: BPR Actions
Loudon County lawyer Arthur Wayne Henry was disbarred from the practice of law on Wednesday. In the handling of an estate, when an heir of the decedent attempted to purchase the decedent’s real estate, Henry misappropriated the purchase money. When the heir of the decedent attempted to purchase the real estate a second time, Henry misappropriated the purchase money again and forged a deed in an effort to hide his actions. In the representation of a number of other clients, he failed to act diligently, failed to adequately communicate with his clients, failed to place unearned fees in his trust account, made misrepresentations to the clients to make them think their cases were progressing normally, and failed to advise his clients that he had been suspended. When terminated, Henry failed to refund the unearned fees and return his clients’ files.

6th Circuit Blocks Tennessee Refugee Resettlement Lawsuit

Posted by: Katharine Heriges on Jul 24, 2019
News Type: Legal News
The Sixth Circuit Court of Appeals today dismissed Tennessee legislators’ lawsuit intended to block refugee resettlement in the state due to lack of standing. In March 2018, a federal judge dismissed the lawsuit on multiple grounds, including the Tennessee General Assembly’s lack of standing to bring the lawsuit and the state’s failure to show that refugee resettlement in Tennessee violates the U.S. Constitution. The Sixth Circuit affirmed the district court’s decision, stating that the Tennessee General Assembly had not alleged an injury that would give it standing.

Federal Judge Allows Restrictions on Asylum Seekers to Continue

Posted by: Katharine Heriges on Jul 24, 2019
News Type: Legal News
A federal judge last week decided to leave in place a Trump administration rule that imposes restrictions on individuals seeking asylum in the United States if they passed through a third country on their way to the border between the U.S. and Mexico, Fox News reports. The rule requires people seeking asylum to first apply in one of the countries they pass through on their way to the U.S. It was quickly met with a legal challenge from advocacy groups, who moved for a temporary restraining order blocking the rule. After a hearing in Washington, D.C. U.S. District Judge Timothy J. Kelly denied the motion. The rule will remain in place for the duration of the case, unless the decision is successfully appealed.

Maintain a Healthy Balance of Iron with These Foods

Posted by: Katharine Heriges on Jul 24, 2019
News Type: Wellness Wednesday
Iron deficiency can be a problem, since this essential mineral helps your cells generate energy. This can be particularly problematic if your diet is primarily vegetarian, since we don’t absorb as much iron from plant foods as from meat. To combat this deficiency, strive to combine something with vitamin C with plant-based iron, which increases the absorption rate six-fold. Examples of this would include topping black bean tacos with red cabbage slaw or sautéing your spinach with bell peppers, or pairing dark chocolate (which is rich in iron) with strawberries.

Tennessee Rep. Sanderson to Resign

Posted by: Katharine Heriges on Jul 24, 2019
Tennessee House Rep. Bill Sanderson, R-Kenton, says he is stepping down from the statehouse, citing a family matter and demands of his business, the Tennessean reports. Sanderson, who owns a winery in Kenton, said his business has increased significantly in recent years and he's been unable to adequately maintain it while being a part-time lawmaker. Additionally, he cited his son-in-law's battle with throat cancer and a need to spend time with his family. Sanderson also rejected rumors circulating around the legislative that House Speaker Glen Casada had tried to pressure him with compromising information, the Tennessee Journal reported.

Supreme Court to Hear Case Stemming from Nashville Land Deal

Posted by: Katharine Heriges on Jul 24, 2019
News Type: U.S. Supreme Court
A bankruptcy case stemming from a failed Nashville land deal is heading to the U.S. Supreme Court, the Nashville Post reports. The justices will hear oral arguments in the appeal for Ritzen Group Inc. vs. Jackson Masonry LLC on Nov. 13. The case began with Ritzen’s attempt to purchase Jackson Masonry’s property in The Nations area. Ritzen claims Jackson Masonry breached the contract by providing incomplete or incorrect documentation just before the closing. Jackson Masonry filed a counterclaim, saying it complied with the contract, was prepared to close, and that Ritzen breached the contract by failing to secure funding on time.
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