TBA Law Blog


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Posted by: Amelia Ferrell Knisely on Apr 26, 2016

The Times Free Press outlines four recently passed bills that may be targets for vetoes from Gov. Bill Haslam. The list includes one bill that would allow mental health counselors to reject clients based on counselors’ personal principles and a resolution ordering the state to file suit against the Obama administration over the federal government's refugee resettlement program in Tennessee. The article notes last week Haslam became the first governor since 1998 to survive a veto override attempt, this time coming on a bill that sought to make the Bible the state’s official book.

Posted by: Amelia Ferrell Knisely on Apr 25, 2016
News Type: Legal News

U.S. District Judge Kevin Sharp ordered election officials Friday to recount the votes on the 2014 abortion ballot measure Amendment 1, The Associated Press reports. Sharp said the the method used to count votes was “fundamentally” unfair to the eight Tennesseans who filed a lawsuit challenging the election results. Sharp gave the state 20 days to submit a recount plan. The Tennessean reports Vanderbilt University law professor Tracy George, one of the eight plaintiffs who brought the suit, said the amendment – which made it easier to put restrictions on abortions – would fail on a recount. The federal decision came late Friday, after a Williamson County judge had upheld the vote count. Sharp said that ruling has no impact on his decision. 

Posted by: Amelia Ferrell Knisely on Apr 25, 2016
News Type: Legal News

A New York-based federal appeals court today ruled New England Patriots quarterback Tom Brady must serve a four-game "Deflategate" suspension imposed by the NFL, CNBC reports. NFL Commissioner Roger Goodell suspended Brady for the first four games of the 2015 season for his alleged role in a scheme to deflate footballs before the AFC Championship Game in January 2015. The suspension was overturned last September. The three-judge panel sided 2-1 with the NFL and said the discipline was “properly grounded in the collective bargaining agreement and Brady was treated fairly.”

Posted by: Amelia Ferrell Knisely on Apr 25, 2016
News Type: Legal News

Television personality Erin Andrews reached a settlement today in her lawsuit against West End Hotel Partners and Windsor Capital Group, the hotel owner and operator that allowed a stalker to secretly record her naked though a peephole. The Tennessean reports the terms of the agreement are confidential. A Nashville jury awarded Andrews $55 million in March and said Andrews’ stalker, Michael David Barrett, was responsible for $28 million of that. Attorney Randall Kinnard, who represented Andrews, had asked the judge to hold the hotel responsible for the full $55 million. 

Posted by: Amelia Ferrell Knisely on Apr 25, 2016
News Type: Legal News

A new study revealed Tennessee is tied with five other states in third place for the highest number of children with incarcerated parents, with Kentucky in first. The Kids Count report also found one in 10 children in Tennessee currently have or have had a parent in prison. The Tennessean reports on the state's efforts to help children with incarcerated parents, including training for schools and county health departments. 

Posted by: Amelia Ferrell Knisely on Apr 25, 2016
News Type: Legal News

Two Harvard University undergraduates are launching a website that will rate lawyers based on publicly available court records, Law Sites reports. The site, called Legalist, will analyze court records to match clients with lawyers who win similar cases based on detail and location. The author cites concerns about using winning or losing as a measure of lawyering skill. “It is often the best lawyers who are willing to take on the toughest matters with the lowest odds of success,” Robert Ambrogi writes. 

Posted by: Amelia Ferrell Knisely on Apr 25, 2016
News Type: Legal News

Volkswagen is appealing a National Labor Relations Board ruling that enabled a union vote by the United Auto Workers at the automaker’s Chattanooga assembly plant, the Associated Press reports.  A Volkswagen Chattanooga spokesman said the board “declined to fully evaluate” Volkswagen's challenge to the election. About 160 workers participated in the December election; the company said labor decisions should be made by the entire hourly workforce.

Posted by: Amelia Ferrell Knisely on Apr 25, 2016
News Type: Legal News

Attorneys Kirk D. Catron and Thomas D. "Tom" Frost are running for the new Rutherford County General Sessions judgeship. The position was recently approved by the Rutherford County Commission in an effort to help relieve the congested dockets. The Daily News Journal reports Catron is founding partner of McCarter, Catron & East PLLC in Murfreesboro. Frost is a member of Drake Drake and Frost, WGNS reports. The election will be held Aug. 4. 

Posted by: Amelia Ferrell Knisely on Apr 22, 2016
News Type: Legal News

Registration is now open for the 2016 TBA Annual Convention in Nashville June 15-18. Along with compelling CLE programming, attendees will have time to catch up with colleagues and enjoy some of Music City’s top musicians. Hotel reservations are available at a special discounted rate at the Sheraton Music City Hotel. Call (888) 627-7060 before May 13 to receive the rate.

Posted by: Amelia Ferrell Knisely on Apr 22, 2016
News Type: Legal News

When do prescribers of medicine become drug dealers under federal law? The Knoxville News Sentinel says the question has emerged following the first federal prosecution in East Tennessee of doctors on pill-mill charges. Prosecutors say two doctors made roughly $2.5 million in 17 months from giving out thousands of prescriptions without "a legitimate medical purpose.” The pair faces trial later this year under a section of drug-trafficking laws that put them in the same category as "street dealers." U.S. Magistrate Judge Clifford Shirley ruled, "The court discerns no due process violation in permitting the government to prosecute registered medical professionals." The doctors are appealing Shirley’s ruling. 


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