TBA Law Blog


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Posted by: Brittany Sims on Aug 15, 2014
News Type: Legal News

Memphis-based shipper FedEx Corp. is facing a new charge of conspiring to launder money in the case involving shipments of drugs for illegal pharmacies. The company was charged today with knowingly accepting payment related to shipments of rogue Internet-based pharmacies, bringing the total number of charges up to 16. The Memphis Business Journal has more.

Posted by: Brittany Sims on Aug 15, 2014
News Type: Legal News

In a memo filed last night, attorneys for the state asked a federal judge to dismiss the lawsuit filed against TennCare officials accusing them of creating months-long delays for thousands of Tennesseans trying to apply for Medicaid. Attorneys argued that the long delays are not in their hands, but are the fault of the federal government. “In short,” state attorneys wrote, “Plaintiffs allege an injury that results directly from the actions or inactions of the [federally-facilitated marketplace].” The initial lawsuit was filed last month by three legal advocacy groups — the Tennessee Justice Center, the Southern Poverty Law Center and the National Health Law Program — on behalf of 11 people who have waited two and three times the federal limit to learn whether they will be receive Medicaid coverage. The Chattanooga Times Free Press has more.

Posted by: Brittany Sims on Aug 15, 2014
News Type: Legal News

The UT student newspaper takes a look at how Tennessee has improved action against underage sex trafficking in a Daily Beacon article published today. The Protected Innocence Challenge, a comprehensive study which grades states on its laws to respond to domestic minors forced to engage in sex trafficking, graded Tennessee with a 93.5, or A, for human trafficking in 2013, up from its score of 79.5 in 2012 and 73 in 2011. Two notable changes behind the state's improved score are the amending of the patronizing prostitution law which significantly increased the penalty for buying sex with a minor and a new law requiring the Tennessee Bureau of Investigation to update its website upon a missing child's recovery.

Posted by: Brittany Sims on Aug 15, 2014
News Type: Legal News

With a trial set to start Monday, attorneys representing former Knox County trustee Mike Lowe along with Ray Mubarak and Delbert Morgan were in court Thursday asking the charges be dismissed because documents needed for their defense were destroyed when Lowe's successor took office, WATE reports. The three were charged with theft more than two years ago stemming from an investigation by the Tennessee Bureau of Investigation, state auditors and the county district attorney's office that alleged the group funneled money through the trustee's office to a company that Mubarak owned.

Posted by: Brittany Sims on Aug 15, 2014
News Type: Legal News

The three recently re-elected sitting justices on the Tennessee Supreme Court may follow up their retention vote by Tennesseans last week by standing behind state Attorney General Bob Cooper, who is seeking another eight-year term, according to Tracey George a professor of law and political science at Vanderbilt University Law School. George admits, however, that it’s tough to say given the nature (and novelty) of the retention vote, where vast sums of money were spent, including more than $1 million combined among the three Democratic-appointed justices, and Republican opposition zeroed in on their nomination of Cooper, a Democrat. “The justices could rightly view the retention in the face of such strong opposition as a sign of support,” George said. “Based on my intuition, it will not effect what the Supreme Court does. They won’t face retention for several years and I’d be surprised if they do not reappoint [Cooper].” The Nashville Business Journal has more.

Posted by: Brittany Sims on Aug 15, 2014
News Type: TBA CLE

Don't have time during the week to get your ethics hours? We have a solution for you! Grab a cup of coffee and join us at our ethics seminar tomorrow at 8:30 a.m. at the Tennessee Bar Center. This freshly brewed seminar provides you with three hours of ethics programming. Speakers will spill the beans on tips and processes to help you with your practice and make sure you meet all ethical obligations.  Visit TBA CLE for more information.

Posted by: Brittany Sims on Aug 15, 2014
News Type: Clarification

A WREG story referenced in yesterday’s edition of TBA Today incorrectly reported that the current wave of immigrant children are trying to become U.S. citizens. TBA Immigration Law Section Chair Bruce Buchanan points out that the children are not attempting to become U.S. citizens, but are filing for asylum and, if granted, they would become asylees. After a year as an asylee, they can apply for permanent residence (green card) and continue in that status for a number of years. At some later date — at least 5 years depending on the age they obtained the green card — they could apply to naturalize to be U.S. citizens.

Posted by: Brittany Sims on Aug 14, 2014
News Type: Legal News

Gov. Bill Haslam today announced the formation of the Governor’s Task Force on Sentencing and Recidivism as part of the administration’s overall effort to reduce crime and improve public safety, the Chattanoogan reports. “We have put a strong emphasis on addressing some of our state’s toughest safety challenges head on, and the Public Safety Subcabinet is doing great work,” Gov. Haslam said. “This task force is a next step in making sure we have a comprehensive approach to public safety in Tennessee."

Posted by: Brittany Sims on Aug 14, 2014
News Type: Legal News

Court cases for Central American children seeking asylum started this week, WREG reports. An immigration lawyer told WREG there was a preliminary hearing yesterday where families learned how the process works and what to expect in the future. The Memphis court reportedly has 7,000 active cases on its docket, an overwhelming number for the two judges. Attorney Barry Frager said some of the originally scheduled court dates are likely to be delayed so the border children cases sent to Memphis can be heard first. He also expects two more judges to come on board by the end of the year.

Posted by: Brittany Sims on Aug 14, 2014

Justice Sharon Lee will become Chief Justice of the Tennessee Supreme Court on Sept. 1. She has been a member of the Tennessee Supreme Court since 2008, and recently won a retention election for an eight-year term to the court. “It’s an honor to serve the Court, the Tennessee judiciary, and the people of Tennessee in this role,” Justice Lee said. “I am grateful to the citizens of Tennessee for electing me to the Supreme Court and appreciate the confidence the members of the Court have shown by electing me as Chief Justice. I will continue to work to ensure that courts in Tennessee are fair and impartial.”


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