TBA Law Blog


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Posted by: Brittany Sims on Jul 16, 2014
News Type: Legal News

Tennessee Attorney General Bob Cooper yesterday announced a proposed settlement of claims for monetary relief against Apple Inc. related to its participation in a price-fixing conspiracy in the market for E-books. The settlement agreement, which remains subject to approval by the U.S. District Court for the Southern District of New York, would resolve claims for consumer damages brought by Tennessee and 32 other states and territories, according to a press release. Although the company insists it did nothing wrong, Apple agreed to the settlement, contingent on the federal appeal, the ABA Journal reports. If the court upholds last summer's bench verdict by a federal judge in Manhattan that Apple colluded with publishers, the company will pay $400 million.

Posted by: Brittany Sims on Jul 16, 2014

Smyrna Town Court judge candidate W. Alan Rose continues to face felony drug- and weapon-related charges heading into Friday’s early voting for the Aug. 7 election, the Daily News Journal reports. Rose faces charges of possession of a Schedule II narcotic for sale and delivery, possession of drug paraphernalia and possession of a dangerous weapon while committing a dangerous felony. Rose is running against incumbent Judge Keta J. Barnes, Lynn England Alexander, Jeremy Gourley and Cherie W. Meece.

Posted by: Brittany Sims on Jul 16, 2014

The ad wars have begun in the battle for control of the Tennessee Supreme Court and News Channel 5 is reporting that questionable statements are coming from both sides. The campaign for the three incumbent justices hit the air first with a positive TV spot that focused on their oath to support the state and federal constitutions, adding that they "kept their word—protecting individuals rights, the Second Amendment right to bear arms and upholding nearly 90 percent of death sentences." However, News Channel 5 investigators found there was not a single case where the Second Amendment was an issue. In opposition, the Tennessee Forum sent out a mailer accusing the justices of working with President Barack Obama and “refusing to fight Obamacare.” While investigators found that one person hired to work on the justices’ campaign used to work on Obama’s campaign, the latter claim is false since the Tennessee Supreme Court has never been asked to rule on Obamacare.

Posted by: Brittany Sims on Jul 16, 2014

The Tennessee Fraternal Order of Police today announced support for fair and impartial courts and endorsed the retention of Chief Justice Gary Wade, Justice Connie Clark and Justice Sharon Lee. “A fair and independent judiciary is the hallmark of our three-part system of government,” Sgt. Robert O. Weaver said in a press release. “Appellate Court judges review the cases and apply the laws written by the legislature and enforced by the executive branch. Judges need to be able to perform their duties without being beholden to the political winds of the other branches.”

Posted by: Brittany Sims on Jul 16, 2014
News Type: Legal News

Memphis-Shelby County Juvenile Court has been selected as one of eight courts in the nation in which the National Council of Juvenile and Family Court Judges will establish a new child welfare program. Juvenile Court reform has often focused on delinquent children who come into court for their actions — the nonprofit council now plans to examine the reason why children come to the court in the first place. The Memphis Daily News has the story.

Posted by: Brittany Sims on Jul 16, 2014

District Attorney General Tony Clark and challenger Dan Smith faced off Tuesday night at a Tea Party-sponsored debate, the Johnson City Press reports. Clark is running as a Republican, while Smith identifies himself as a Republican, but is running as a “conservative independent.” He said he chose to run as an independent since there was not a Republican primary held in Johnson County so those voters didn’t get a say in who the Republican candidate would be, and because the DA does not make policy and therefore should not be a partisan office.

Posted by: Brittany Sims on Jul 16, 2014
News Type: Legal News

In a case on remand from the U.S. Supreme Court, a Fifth U.S. Circuit Court of Appeals panel ruled yesterday that the University of Texas can continue using race as a factor in undergraduate admissions, the Associated Press reports. The judges voted 2-1 that barring the university from using race would ultimately lead to a less diverse student body in defiance of previous legal precedent that promoting diversity was an important part of education.

Posted by: Brittany Sims on Jul 16, 2014
News Type: Legal News

At least seven prosecutors have announced they will be leaving when Davidson County District Attorney General Torry Johnson retires Sept. 1. Among those leaving are incoming District Attorney General Glenn Funk’s election opponent, Rob McGuire, Bret Gunn, Kristen Menke, Shannon Poindexter, Sharon Reddick, Dina Shabayek and John Zimmerman. McGuire, Menke, Reddick and Shabayek will be starting a new law firm, while Zimmerman will begin prosecuting cases in Rutherford County for incoming District Attorney General Jennings H. Jones. Gunn and Poindexter have not publically stated what they plan to do. The Tennessean has more.

Posted by: Brittany Sims on Jul 16, 2014
News Type: Legal News

TennCare faces the prospect of lawsuits if it fails to set up a state system for people to apply for Medicaid, the Tennessean reports. Tennessee ended face-to-face assistance for people seeking Medicaid coverage on Jan. 1, when the Affordable Care Act came into full effect, and, instead, began telling people to apply online at healthcare.gov. People who should have qualified for coverage have fallen through the cracks or not been able to apply at all, according to the health advocacy and civil rights organizations. Attorneys with the Tennessee Justice Center, Southern Poverty Law Center and National Health Law Program are closely watching to see how the agency responds to a federal demand for a correction plan.

Posted by: Brittany Sims on Jul 16, 2014
News Type: Passages

The family of Cleveland Municipal Judge Bill Moss will receive friends at 4:30 p.m. tomorrow in the Bradley County Commission Room in the Bradley County Courthouse. The reception and short memorial service will honor the life of Judge Moss, who died Monday. The Chattanoogan has more


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