TBA Law Blog


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Posted by: Brittany Sims on Sep 30, 2014
News Type: Upcoming

The Community Legal Forum will host a forum discussion tonight at 7 p.m. in the Cleveland Bradley County public library’s Community Room. Three prominent Cleveland attorneys will openly debate probate and living trusts, as well as their need, their costs and their relevance. Panel moderator Jack Tapper has directed the standing-room only legal forum series since its inception. The series is a civic partnership between the Bradley County Bar Association, Bradley County Law Library Commission, the Cleveland Bradley County Library and the Bradley County Commission, the Cleveland Banner reports.

Posted by: Brittany Sims on Sep 30, 2014
News Type: Legal News

The Electric Power Board (EPB) of Chattanooga within a week will file a motion to dismiss the first of two whistleblower lawsuits totaling more than $10 million filed against it by former city contractor Don Lepard, who made the complaints on behalf of the cities of Chattanooga, East Ridge and Red Bank, the Chattanoogan reports. EPB today acknowledged much of what has already been widely reported– that it overbilled taxpayers for energy based on thousands of streetlights that were misclassified or simply missing. Yet EPB also claimed that a number of offsetting charges reduced an estimated $1.5 million in overbilling to just $17,000.

Posted by: Brittany Sims on Sep 30, 2014
News Type: Legal News

Family Dollar Stores Inc. says “certain state attorneys general” have launched an investigation into its proposed merger with Dollar Tree Inc. and Goodlettsville-based Dollar General Corp.’s ongoing attempts to acquire Family Dollar, according to a U.S. Securities and Exchange Commission filing. Family Dollar announced in late July that it would be acquired by Dollar Tree in a deal valued at $8.5 billion. Dollar General has made three offers to buy the North Carolina retailer since that time, but Family Dollar has rebuffed those advances to date. In its SEC filing, Family Dollar says it has been notified that certain state attorneys general are investigating the Family Dollar-Dollar Tree merger under antitrust laws. They also say they “will be investigating the competitive effects of a Dollar General-Family Dollar combination, as is the (Federal Trade Commission,)" the Nashville Business Journal reports.

Posted by: Brittany Sims on Sep 30, 2014
News Type: Legal News

The Governor’s Commission for Judicial Appointments held a public hearing Tuesday to interview candidates for the circuit court vacancy in the 21st Judicial District, which serves Hickman, Lewis, Perry and Williamson counties. The commission has submitted three candidates to Gov. Haslam: Deanna B. Johnson, David Henry Veile and Terry E. Wood. The vacancy was created by the appointment of judge Timothy Easter to the Tennessee Court of Criminal Appeals, effective Sept. 1. Visit the AOC website for more information on each candidate.

Posted by: Brittany Sims on Sep 30, 2014
News Type: Passages

Judge Fred A. Kelly died Saturday at the age of 93. Kelly graduated from the University of Tennessee and later served in World War II, earning the rank of captain. He graduated from Vanderbilt Law School and practiced in Gallatin for some 34 years. Kelly, a lifelong resident of Gallatin, was elected mayor of the city in 1974. In 1983, he was appointed and later ran unopposed for Criminal Court Judge for the 18th Judicial District. Funeral services will be at the Hartsville Pike Church of Christ, located at 744 Hartsville Pike tomorrow at 2 p.m. Visitation is Tuesday from 4 p.m. to 8 p.m. at the church, and one hour before service. In lieu of flowers, contributions may be made to Tennessee Baptist Children's Homes, Inc., P.O. Box 2206, Brentwood, TN or the Gallatin Library. The Tennessean has more on Judge Kelly’s life and legacy.

Posted by: Brittany Sims on Sep 30, 2014
News Type: Legal News

The Tennessee Court of Appeals yesterday ruled Tennessee has to turn over the identities of executioners to attorneys representing 11 death row inmates challenging the state’s death penalty. The 11 inmates filed suit in November in Davidson County Chancery Court challenging the secrecy surrounding Tennessee’s lethal injection procedures and the constitutionality of its backup plan, the electric chair. The court ruled that state secrecy laws surrounding lethal injection procedures don’t apply to court cases, which are instead guided by discovery rules. The Tennessean has more.

Posted by: Brittany Sims on Sep 30, 2014

Former Tennessee Supreme Court Justice Bill Koch warned that returning to contested, partisan elections of the state’s appellate judges would undermine confidence in the courts by making people “think justice can be bought." In comments delivered at the Rotary Club of Nashville on Monday, Koch said Tennessee voters should support a constitutional amendment that would provide certainty over the judicial selection process. “Without any question, it will result in a tighter fit between what the constitution says and what we do,” said Koch, now dean at the Nashville School of Law. “And that tighter fit is going to end the bickering over how judges are selected.” The Tennessean has more.

Posted by: Brittany Sims on Sep 30, 2014
News Type: Legal News

Cheatham County will be home to the newest site of the Tennessee Youth Court program. Youth court programs support early intervention in delinquent or unruly behavior cases and provide first-time offenders an opportunity to face a jury of their peers. In collaboration with Cheatham County Juvenile Court Judge Phillip A. Maxey, the program will be implemented by attorneys Margaret Brady Sherbert and M. David Perez. Currently, 16 counties participate in a total of 20 programs across the state. For more information, visit the TBA website  or contact Youth Court Coordinator Denise Bentley.

Posted by: Brittany Sims on Sep 26, 2014
News Type: Legal News

Steve Crump, the district attorney in Tennessee's 10th Judicial District, was asked to handle the case of James Leon Works Jr. after prosecutors in Chattanooga recused themselves. Crump usually prosecutes cases in Bradley, McMinn, Monroe and Polk counties. Works' case required a district attorney from outside Chattanooga because prosecutors have a longstanding working relationship with police officer Karl Fields, the lead investigator on the Works case. Fields is accused of pursuing a sexual relationship with the victim. The Tennessee Bureau of Investigation is looking into whether Fields broke any laws while investigating Works' case. The Chattanooga Times Free Press has more.

Posted by: Brittany Sims on Sep 26, 2014
News Type: Politics

Prospective Republican presidential candidates are promoting religious liberty at home and abroad at a gathering of evangelical conservatives. The annual Values Voter Summit opened Friday in Washington with speeches from several potential presidential candidates, including Kentucky Sen. Rand Paul, Texas Sen. Ted Cruz, former Arkansas Gov. Mike Huckabee and Louisiana Gov. Bobby Jindal. The program features ambitious Republicans with positions on social issues across the spectrum — from the libertarian-leaning Paul, who favors less emphasis on abortion and gay marriage, to Huckabee, a former Southern Baptist pastor whose conservative social values define his brand. Knoxnews has more from the Associated Press.


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