TBA Law Blog


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Posted by: Katharine Heriges on May 13, 2019
News Type: TBA CLE
Join a distinguished group of speakers at Belmont University on Wednesday for an afternoon discussion of some of the most cutting-edge legal issues in the music and sports industries. The panels have been carefully crafted to provide timely and practical information that will benefit practitioners of all levels, showcasing a wide array of areas, including an in-depth discussion of the practical impact of new music legislation, legal issues related to live music and merchandising, sports gambling topics, and attorney well-being.
Posted by: Katharine Heriges on May 13, 2019
News Type: Upcoming
Nashville Public Television tomorrow will host a free screening and discussion of NPT’s Aging Matters: Legal Help documentary. The event takes place from 6 to 7:30 p.m. in Belmont University College of Law’s Randall and Sadie Baskin Center and is co-sponsored by the Tennessee Commission on Aging and Disability and Belmont University College of Law. The screening will be followed by a panel discussion withTennessee Supreme Court Justice Cornelia Clark, Ashley Holliday of West Tennessee Legal Services and Tim Takacs of Takacs McGinnis Elder Care Law. The event is free, but RSVPs are required to attend.
Posted by: Katharine Heriges on May 13, 2019
News Type: U.S. Supreme Court
The U.S. Supreme Court will not hear a challenge to Tennessee's lethal injection method, officially ending a battle over the controversial drugs used to kill death row inmates here, the Tennessean reports. That decision came days before death row inmate Donnie Edward Johnson, 68, is scheduled to die. Had the high court agreed to hear the case, it might have delayed his execution. The challenge, brought by Johnson and 22 other death row inmates, argued that the state's three-drug protocol, led by the sedative midazolam, does not keep inmates from feeling excruciating pain as they die.
Posted by: Katharine Heriges on May 13, 2019
News Type: U.S. Supreme Court
The U.S. Supreme Court has ruled that consumers could forge ahead with a lawsuit against Apple over the way it manages its App Store, The Washington Post reports. The 5-4 decision allows device owners to proceed with a case that alleges Apple has acted as a monopoly by requiring iPhone and iPad users to download apps only from its portal while taking a cut of some sales made through the store. Justice Brett Kavanaugh, who sided with the court's liberal justices in the 5-4 decision, authored the opinion in the case.
Posted by: Katharine Heriges on May 13, 2019
News Type: Legal News
The American Bar Association has issued a formal ethics opinion regarding the obligations of prosecutors in negotiating plea bargains for misdemeanor offenses. The opinion addresses a prosecutor's obligations when negotiating with an unrepresented individual who is or may be entitled to counsel at the time the prosecutor initiates the plea bargaining process for a misdemeanor charge. The opinion also addresses a prosecutor’s duties when plea bargaining with an unrepresented accused on a misdemeanor charge irrespective of whether the accused has invoked the right to counsel. Read the full opinion here.
Posted by: Katharine Heriges on May 13, 2019
News Type: Legal News
The ABA’s Section of Legal Education and Admissions to the Bar will revisit a controversial proposal to tighten law school standards regarding bar passage rates when it meets in Chicago on May 17, the ABA Journal reports. An agenda for the open session portion of the meeting does not list what actions will be considered on the proposed revision to Standard 316, which currently mandates a 75% pass rate for all graduates over the five most recent calendar years, or a 75% pass rate for at least three of those five years. However, meeting materials include a memo in support of the revision, requiring at least 75% of a law school’s graduates who sat for a bar exam to pass within two years of graduation.
Posted by: Katharine Heriges on May 13, 2019
News Type: BPR Actions
The Tennessee Supreme Court has upheld an attorney’s public censure, concluding that the sanction was not arbitrary or capricious and was supported by substantial and material evidence. In a unanimous opinion authored by Chief Justice Jeff Bivins, the court sided with the Board of Professional Responsibility's hearing panel's conclusions regarding attorney Carlos Eugene Moore. Read the court's opinion in Carlos Eugene Moore v. Board of Professional Responsibility Of The Supreme Court of Tennessee or download the BPR's press release.
Posted by: Katharine Heriges on May 10, 2019
News Type: Passages
Memphis attorney and former TBA President James Fraser Humphreys Jr. died on May 6. He was 93. Humphreys, a Memphis native, graduated from the University of Tennessee College of Law in 1950. A veteran of the U.S. Army Air Corps in World War II, he practiced law for over 50 years in Memphis and was senior partner of Humphreys Dunlap, Wellford, Acuff and Stanton. Humphreys served as TBA president in 1993-94 and was also a former president of the Memphis Bar Association and the Memphis Bar Foundation. He served many years on the boards and as a fellow of the American Bar Foundation and Tennessee Bar Foundation. His family will receive friends from 5 to 7 p.m. at Memorial Park Funeral Home on Monday and at Idlewild Presbyterian Church on Tuesday at 12:30 p.m. before the 1:30 p.m. service celebrating his life. In lieu of flowers, the family requests that memorials be sent to Idlewild Presbyterian Church, LeBonheur Children's Hospital, Church Health or the University of Tennessee College of Law.
Posted by: Katharine Heriges on May 10, 2019
News Type: Legal News
A multi-million dollar lawsuit against Metro Nashville Public Schools will go forward after a federal judge ruled there was "ample evidence" to show officials knew there was a sexual harassment problem in Nashville's public schools but failed to protect students, the Tennessean reports. The lawsuit involves four girls who claim they were pressured into sexual encounters at their high schools that were videoed without their knowledge. Metro lawyers sought summary judgement in the case - asking the judge to rule in the district's favor without a trial. In her opinion, U.S. District Court Judge Aleta Trauger laid out how a reasonable juror could conclude that Metro officials failed to protect children before and after they were subject to unwanted sexual contact.
Posted by: Katharine Heriges on May 10, 2019
News Type: BPR Actions
Sullivan County lawyer Kay Jeffrey Luethke was today publicly censured by Order of the Tennessee Supreme Court. On Jan. 25 Luethke was publicly reprimanded without terms by the 10th District Subcommittee of Virginia for misconduct violating the Virginia Rules of Professional Conduct. On March 22, the Supreme Court of Tennessee entered a notice of reciprocal discipline directing Luethke to demonstrate why the discipline imposed by Virginia should not be similarly imposed here. Luethke filed a response on April 22, but failed to demonstrate reciprocal discipline was unwarranted.

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