TBA Law Blog


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Posted by: Brittany Sims on Oct 30, 2013
News Type: U.S. Supreme Court

Retired Supreme Court Justice Sandra Day O’Conner officiated the wedding of a gay couple at the Supreme Court yesterday, the Associated Press reports. Justice Ruth Bader Ginsburg officiated at a weekend ceremony at the court in which two New Yorkers, including a former Ginsburg student at Columbia Law School, were married. Ginsburg has officiated three same-sex weddings. WRCB News 3 has more.

Posted by: Brittany Sims on Oct 30, 2013
News Type: Legal News

Thousands of DUI results statewide could be in jeopardy after former TBI Special Agent Kyle Bayer was fired Monday for mishandling evidence. The Chattanooga Times Free Press reports that an internal investigation revealed Bayer mistakenly switched two blood alcohol samples in a vehicular homicide case in Hamilton County. Now all samples obtained in the 2,800 cases Bayers handled will be retested for blood-alcohol content, the newspaper says. Based on those results, convictions could potentially be overturned or pending cases dismissed. The TBI said it plans to add an additional step to its testing process to ensure the same mistake doesn't happen in the future.

Posted by: Brittany Sims on Oct 30, 2013
News Type: Legal News

Lawyers for Pilot Flying J and CEO Jimmy Haslam have filed motions in federal court in Alabama and circuit court in Knoxville to halt the few remaining active cases against the travel stop chain as they await action on a proposed settlement of rebate skimming allegations. The Tennessean reports that Pilot’s and Haslam’s lawyers are asking that the suits filed by a half dozen trucking firms be dismissed because they say the suits haven’t established that any fraud occurred. A 31-page brief filed by Pilot’s attorneys says that the racketeering charges in the suit are backed only by the affidavit of an FBI agent and that the suit fails to state with specificity “the who, what where and when of the alleged fraud as required.”

Posted by: Brittany Sims on Oct 30, 2013
News Type: Legal News

The Senate yesterday approved President Barack Obama's picks for top posts at the Federal Communications Commission and National Labor Relations Board, the Associated Press reports, but the chamber is approaching a showdown over other nominees. Thomas Wheeler and Michael O’Reilly were unanimously approved to FCC posts and Richard Griffin was approved as NLRB general counsel on a near party line 55-44 tally. Senate Majority Leader Harry Reid, D-Nevada, is now planning votes aimed at halting what he calls GOP roadblocks against five other nominations. The most controversial are Obama's picks of Patricia Millett to join the U.S. Court of Appeals for the District of Columbia Circuit, and Rep. Melvin Watt's, D-N.C., nomination to head the Federal Housing Finance Agency. WRCB News 3 has more.

Posted by: Brittany Sims on Oct 30, 2013

The Putnam County Republican Party Executive Committee has officially called for a primary election to be held this May, the Herald-Citizen reports. Debbie Steidl, Putnam County Election Commission administrator, told election commissioners during yesterday’s meeting that the organization contacted her requesting a primary be held for all local positions as well as all judicial positions up for election on the ballot. At this time, the local election office has not received notification from the Putnam County Democratic Party Executive Committee.

Posted by: Brittany Sims on Oct 30, 2013
News Type: Legal News

The University of Tennessee College of Law had two teams advance to the final round of the 2013 Advocates’ Prize Competition. Anna Swift and LaToyia Trotter and Matt McLeod and Jeremy Miller argued before Judge Martha Craig Daughtrey, a senior judge on the U.S. Court of Appeals for the Sixth Circuit; Judge Roger Gregory, a judge on the U.S. Court of Appeals for the Fourth Circuit; and Judge James Graves, a judge on the U.S. Court of Appeals for the Fifth Circuit. The judges selected Swift and Trotter as the winning team and named Swift as the Best Advocate in the final round. The UT Informant has more on the competition winners.

Posted by: Brittany Sims on Oct 28, 2013
News Type: Legal News

The Tennessee Board of Judicial Conduct has charged Fourth Judicial District Child Support Magistrate Lu Ann Ballew with judicial misconduct for ruling that a Cocke County infant could not be named “Messiah.” According to the Associated Press, the board charged that Ballew’s ruling, and public comments she made about it, violated several elements of the state’s Code of Judicial Conduct, including a prohibition of any indications of bias based on religion. Read more on Fox News 17.

Posted by: Brittany Sims on Oct 28, 2013
News Type: Legal News

Blount County's first youth court became official this weekend as 30 students were sworn in as jurors of the court, the Daily Times reports. The Blount County Youth Court, a legacy project for the Leadership Blount Class of 2013, will operate under Juvenile Judge Terry Denton’s supervision. Student volunteers will hear cases and determine the sentences of first-time, nonviolent juvenile offenders. “They’re proven programs,” said Lynn Peterson, youth court president and attorney with Lewis, King, Kreig & Waldrop. “We’ve seen an increase in juvenile offenses, but many of these offenses are simply mistakes. Youth courts have been successful in turning them into opportunities.”

Posted by: Brittany Sims on Oct 28, 2013
News Type: Legal News

In honor of Domestic Violence Awareness Month, a number of individuals were recognized Thursday for their contributions to combating domestic violence. A plaque will be installed at the Courts Building in Chattanooga with their names. Honorees included District Attorney General Bill Cox and Assistant District Attorney General Ben Boyer. The Chattanoogan has the full list of honorees.

Posted by: Brittany Sims on Oct 28, 2013
News Type: Legal News

Memphis attorney Max Shelton and his wife Sally survived a plane crash this weekend, WMCTV reports. Shelton was piloting a 1976 Cessna when the couple experienced mechanical problems near Borger, Texas, on their way to Santa Fe, N.M. Officials say Shelton made contact with the airport, lost power, then crash landed in a park after striking a number of utility poles. The couple was transported to a nearby hospital for minor injuries.


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