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TBA Law Blog

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Bill to Create New Judicial District Faces Pushback Over Funding

Posted by: Katharine Heriges on Apr 16, 2019
A bill that would create a new judicial district in Middle Tennessee is facing pushback, with one local official saying it seemed rushed and left out key details, the Tennessean reports. The proposal would split up the 21st judicial district that includes Williamson County and three smaller rural counties. The three counties — Hickman, Lewis and Perry — would become their own district, with a dedicated judge, district attorney and public defender. Rep. Michael Curcio, R-Dickson, who represents Hickman County, said he brought the legislation, HB 1156, to address a "desperate need" in his district. District Attorney Kim Helper, who represents the current four-county district, said the bill does not provide for funding for support staff, and that it would shrink the number of prosecutors handling cases in Williamson County. Curcio said he was drafting an amendment to the bill following Helper's feedback to the House Judiciary Committee.

Get the Lowdown on the Legislature at the TBA Convention

Posted by: Katharine Heriges on Apr 16, 2019
News Type: TBA Convention 2019
After following the Tennessee General Assembly all year through the TBA’s Legislative Updates, are you ready to get an in-person deep dive into this session’s highs and lows? You can at this year’s Legislative Panel at the TBA Convention in Nashville, June 12-15. You’ll hear from the lawmakers themselves, as well as TBA lobbyists on what’s happened and what’s to come next year. Register before April 30 for the Early Bird discount.

East Tennessee Malpractice Agent Ready to Serve

Posted by: Katharine Heriges on Apr 16, 2019
TBA’s insurance program has added a new agent to support East Tennessee. Paul Davidson will serve Knoxville, Tri-Cities, Chattanooga and other East Tennessee locations. Contact Paul for malpractice coverage and all firm insurance needs. He can also help you compare TBA rates with your current rates.

Committee Reaches Compromise on Community Oversight Subpoena Power

Posted by: Katharine Heriges on Apr 16, 2019
The state House and Senate this week reached a compromise as they seek to put in place regulations for police oversight boards like the newly established one in Nashville, the Nashville Post reports. A conference committee made up of members from both chambers decided on an amended version of the bill that would allow community oversight boards to seek a subpoena through a local elected body like a city or metro council. The full chambers now must approve the compromise bill.

Article Profiles 97-Year-Old Attorney Still on the Job

Posted by: Katharine Heriges on Apr 15, 2019
News Type: Legal News
An article published this weekend in the Tennessean follows a day in the life of James L. Bass Jr., a Carthage lawyer who at the age of 97, still heads to the office every day. Though Bass’s 60-year-old son, David, handles most of the legal heavy lifting, the elder Bass still handles property title searches, deeds and estates. Bass’s children believe that it has helped him retain a sense of purpose and has been good for his mental health. It’s been just one aspect of a remarkable career Bass has enjoyed over the years in Tennessee.

Lawmaker Asks for AG Opinion on Residency Stipulation for School Vouchers

Posted by: Katharine Heriges on Apr 15, 2019
Memphis State Rep. G. A. Hardaway has asked the state attorney general to weigh in on whether Tennessee could legally block students who entered the country illegally from using a proposed education savings account program, the Tennessean reports. The Democratic lawmaker requested on April 8 that Tennessee Attorney General Herbert H. Slatery III issue an opinion on whether the ban on undocumented students in the bill is constitutional. The bill cites a section of law that applies to employment eligibility and would require parents or 18-year-old students to provide proof of legal residency.

House Judiciary Committee Seeking Information for McGee Confirmation

Posted by: Katharine Heriges on Apr 15, 2019
News Type: Legal News
The House Judiciary Committee next week will hold a confirmation hearing on Chancellor Carma Dennis McGee of Savannah, who Gov. Bill Lee has appointed to the Tennessee Court of Appeals, Western Section. As part of the process, the committee is asking attorneys who have had experiences with her to send any information they think is pertinent to help members prepare for the confirmation hearing to tennesseejudicialconfirmation@gmail.com. All information must be submitted to the committee by this Friday at 5 p.m. CDT. Under an amendment to the Tennessee Constitution passed in 2014, the governor’s appointments to appellate courts must be confirmed by the General Assembly. Once McGee is confirmed by the General Assembly, she will be subject to regular retention elections.

Follow TBA Convention Updates on Facebook

Posted by: Katharine Heriges on Apr 15, 2019
News Type: TBA Convention 2019
Want an easy way to follow updates on the 2019 TBA Convention? Sign into Facebook and let others know you'll be attending. You'll receive notifications when updates are posted, and you'll be able to see which of your friends are also heading to Nashville in June for the conference!

TSC Rules Companies Cannot Depreciate Labor Costs in Insurance Payments for Property Damage

Posted by: Katharine Heriges on Apr 15, 2019
In addressing a certified question from the U.S. District Court for the Middle District of Tennessee, the Tennessee Supreme Court has ruled that insurance companies cannot depreciate labor costs in insurance payments for property damage. In Lammert et al. v. Auto-Owners (Mutual) Insurance Company, the court determined that the language of the insurance policies in question were susceptible to two or more reasonable interpretations on whether labor costs could be depreciated. Under Tennessee law, when an insurance policy is ambiguous, the policy is construed against the insurance company as the author of the policy.

Bar Passage Rates Up; Now What is Perfect Gift for New Lawyer?

Posted by: Katharine Heriges on Apr 15, 2019
News Type: Legal News
The passage rate on the February 2019 Tennessee Bar Exam improved from the previous year for both first timers and those repeating the exam. Among first-time takers, the passage rate increased to 64.3% from 60.2% last year. Among repeat takers, the passage rate increased to 37.2% from 23.4%. Overall 134 applicants passed the February exam. Give the gift of TBA membership to one of these new attorneys — complete full name and payment information here and return it to our Membership Director for processing.
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