TBA Law Blog

TBA Law Blog

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Knox County Lawyer Suspended

Posted by: Katharine Heriges on Jun 5, 2019
News Type: BPR Actions
The Supreme Court of Tennessee today entered an order suspending Knox County lawyer James Lester Kennedy from the practice of law for a three-year period. Kennedy knowingly made appearances in Knox County Probate Court and filed pleadings in cases pending in New York and Pennsylvania without informing the Court and opposing counsel of his suspension on July 20, 2017. In addition to misleading courts and opposing counsel, Kennedy failed to provide substantive responses to the board’s requests for information regarding the disciplinary complaint.

Online Officiants No Longer Allowed to Perform Marriage Ceremonies

Posted by: Katharine Heriges on Jun 5, 2019
News Type: Legal News
Starting July 1, individuals who become ordained online may no longer perform marriages in Tennessee, Knoxnews reports. Previously, the law didn't specifically address online officiants. Current law states ordination or designation is required to be via "a considered, deliberate, and responsible act." That, according to a 2015 Tennessee attorney general's opinion, disqualified online ordained officiants. "Other than the click of a mouse," the 2015 opinion reads, the online ordination was not a "considered, deliberate, and responsible act."

Law Banning Cellphone Use While Driving to Take Effect July 1

Posted by: Katharine Heriges on Jun 5, 2019
News Type: Legal News
A new Tennessee law that bans handheld cellphone use while driving goes into effect on July 1, WKRN reports. Starting July 1, drivers caught in violation of the law could face a $100 fine. The citation increases to a $200 fine if the violation results in an accident. Murfreesboro Police Department Cpt. Gary Gensemer said his department is working to prepare for the law to take effect — making sure officers are well-versed on the law, and the city court is ready to handle the workload of initial violations.

Davidson County Lawyer Disbarred

Posted by: Katharine Heriges on Jun 5, 2019
News Type: BPR Actions
The Supreme Court of Tennessee today disbarred Davidson County attorney Judson Wheeler Phillips effective immediately. Phillips must pay the court costs within 90 days of the entry of the order of enforcement. Phillips consented to disbarment because he could not successfully defend himself on charges alleged in 41 pending disciplinary complaints. Tennessee Supreme Court Rule 9, Section 23, requires that Phillips’ consent to disbarment be maintained under seal. Phillips was previously disbarred on Aug. 24, 2018. He has not been reinstated from that disbarment.

Court Sides with Memphis in Confederate Statue Dispute

Posted by: Katharine Heriges on Jun 5, 2019
News Type: Legal News
A court in Nashville has ruled in favor of the city of Memphis on the sale of Confederate monuments, the Commercial Appeal reports. The Sons of Confederate Veterans was seeking injunctive relief from Davidson County Chancery Court. Documents show the court found that the parks and monuments were no longer public property and were not protected under the Tennessee Heritage Protection Act of 2016. In 2017, Memphis City Council approved the sale of Health Sciences Park and Fourth Bluff Park for $1,000 each to Memphis Greenspace, a nonprofit that had been formed by Shelby County Commissioner Van Turner.

Federal Judge Dismisses 'Memphis 3.0' Lawsuit

Posted by: Katharine Heriges on Jun 5, 2019
News Type: Legal News
A pro se lawsuit filed by New Chicago activist Carnita Atwater challenging the "Memphis 3.0" plan was dismissed last week by U.S. District Judge John T. Fowlkes Jr., the Daily Memphian reports. Atwater sought to stop the long-range land use and development guidelines from being implemented. Since the filing of the lawsuit, Memphis Mayor Jim Strickland has signed an executive order implementing those parts of the plan that are under the control of the city administration. The City Council has delayed the first of three votes on the land-use provisions of Memphis 3.0 until July 2.

Join Judge Easter at the Bench/Bar Program for Special Guest Ken Starr

Posted by: Katharine Heriges on Jun 4, 2019
News Type: TBA Convention 2019
Each year, the TBA Convention is held alongside the Tennessee Judicial Conference, and this year's joint Bench/Bar program will be an exciting one, featuring Judge Ken Starr as a special guest. But don't just take our word for it — hear all about the program in a video message from Judge Timothy Easter, president of the Tennessee Judicial Conference. Register for the TBA Convention here.

Federal Judge: Judiciary Has No Authority to Enter Fight Over Border Wall Lawsuit

Posted by: Katharine Heriges on Jun 4, 2019
News Type: Legal News
A federal judge in Washington, D.C., has ruled that he has no jurisdiction to enter the fight between President Donald Trump and the U.S. House of Representatives over the use of unappropriated funds to build a border wall, the ABA Journal reports. “This is a case about whether one chamber of Congress has the ‘constitutional means’ to conscript the judiciary in a political turf war with the president over the implementation of legislation,” U.S. District Judge Trevor McFadden wrote. “While the Constitution bestows upon members of the House many powers, it does not grant them standing to hale the executive branch into court claiming a dilution of Congress’ legislative authority. The court therefore lacks jurisdiction to hear the House’s claims."

Nashville-based Legal Services Firm Expands to Atlanta

Posted by: Katharine Heriges on Jun 4, 2019
News Type: Legal News
Latitude, the Nashville-based legal services firm, is expanding to the Georgia market, the Nashville Post reports. The firm provides contract attorneys to businesses and traditional law firms on an as-needed basis and was co-founded by former Bass, Berry & Sims partner Ross Booher. According to Booher, Latitude is looking at expanding into other markets beyond Nashville and Atlanta with a similar subsidiary model in which the market president retains an ownership stake.

Ceremony to Rename Memphis Post Office for Judge Sugarmon Planned for Friday

Posted by: Katharine Heriges on Jun 4, 2019
News Type: Upcoming
A dedication ceremony to rename the Memphis Crosstown Post Office building in honor of Judge Russell B. Sugarmon will be held Friday at 10 a.m., the Daily Memphian reports. Congressman Steve Cohen and the United States Postal Service will host the dedication ceremony, and Cohen, postal officials, and members of the Sugarmon family will participate in the event, which will culminate with the unveiling of the dedication plaque. Sugarmon, a native Memphian, was known as a lawyer, judge, statesman, and active civic and community leader. He passed away Feb. 18. 
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