TBA Law Blog


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Posted by: Brittany Sims on Oct 17, 2013
News Type: Legal News

“To Kill a Mockingbird” author Harper Lee has sued the Monroe County Heritage Museum in her Alabama hometown for allegedly violating her trademarks and right to publicity, the ABA Journal reports. The museum touts its restored courtroom as the model for the fictional courtroom in the novel, and also uses the domain name tokillamockingbird.com and sells memorabilia. In the suit, Lee—who recently settled with her editor over copyright issues— claims trademark and right-of-publicity violations, cybersquatting, unfair competition and unjust enrichment.

Posted by: Brittany Sims on Oct 17, 2013
News Type: Legal News

More than 18,000 Justice Department employees who were furloughed during the shutdown, including a significant number of lawyers who handle civil matters, will return to court after an untold number of cases were put on hold, the Blog of the Legal Times reports. Main Justice and U.S. attorney's offices nationwide asked courts to postpone civil litigation, citing the lack of appropriations. Some judges granted blanket stays, while other judges made case-by-case decisions. In a letter this morning to the entire department, Attorney General Eric Holder Jr. said he was "grateful to be able to welcome the entire Department of Justice back to work."

Posted by: Brittany Sims on Oct 17, 2013
News Type: Legal News

After a bitterly contentious four-year legal dispute about the fair value of land Metro Nashville took to build the new convention center, the Tennessee Supreme Court denied the Metro Development and Housing Agency’s (MDHA) request to appeal, giving a decisive victory to development firm Tower Investments. According to the Tennessean, Metro used eminent domain to take land south of Broadway it needed to build Music City Center, and then paid owners what it contended was fair market value for the property. A Nashville jury decided in 2011 that Tower’s 5.66-acre tract was worth $30.4 million, more than double the $14.8 million the city paid during the condemnation proceedings.

Posted by: Brittany Sims on Oct 17, 2013

Circuit Court Judge Ross. H. Hicks has announced his candidacy for re-election in 2014, the Leaf Chronicle reports. “I am honored to have had the opportunity to serve the people of the 19th District as Circuit Court Judge,” he said. “A fair, impartial and independent judiciary is essential, and I believe my conduct...reflects all those attributes. I ask the people of the 19th District to allow me to continue to serve in this capacity.” Hicks was appointed to the bench in February 2002 by Gov. Don Sundquist following the death of Judge James E. Walton.

Posted by: Brittany Sims on Oct 17, 2013
News Type: Legal News

The budget deal Congress approved late yesterday to reopen the government and raise the debt ceiling provides $51 million in additional funding for the judiciary and federal defenders. In the bill, $1.01 billion would go to defender services, marking a $26 million annual increase over Fiscal Year 2013 for attorneys who represent indigent defendants, said Charles Hall, a spokesman for the Administrative Office of the U.S. Courts. The extra funding would primarily go to pay the backlog of attorney fees under the Criminal Justice Act, which funds court-appointed private counsel. Overall, the judiciary budget would increase from about $6.65 billion to about $6.7 billion. The Blog of the Legal Times has the story.

Posted by: Brittany Sims on Oct 17, 2013

Assistant District Attorney Dennis Brooks announced yesterday that he intends to run for criminal court judge to replace Judge Robert Cupp, who is expected to retire next year when his term ends. Brooks has served 15 years as a prosecutor in the First Judicial District, which covers Carter, Johnson, Unicoi and Washington counties. The Johnson City Press has the story.

Posted by: Brittany Sims on Oct 17, 2013

The Tennessee Firearm Association (TFA) has called for state legislators to stop or delay implementation of the Common Core standards in Tennessee due to issues regarding teaching materials and testing concerning the Constitution. According to John Harris, executive director of the TFA, Common Core is “intentionally and recklessly misrepresenting the Second Amendment in schools across the country.” The Chattanoogan has more.

Posted by: Brittany Sims on Oct 17, 2013

The Tennessee Supreme Court unanimously declined to overturn the state’s Voter Identification Act. Passed in 2011, the act requires voters to present government-issued photographic identification in order to cast a ballot in state or federal elections. Two Shelby County residents and the City of Memphis filed suit after residents were not allowed to vote using their Memphis Public Library issued ID. The group argued that the City of Memphis library cards were valid identification and that the law violated state constitutional protections.

Posted by: Brittany Sims on Oct 17, 2013
News Type: Legal News

Gov. Bill Haslam today issued Executive Order No. 34 establishing the Governor’s Commission for Judicial Appointments, which is designed to sustain the judicial branch of government and its operations following termination of the Judicial Nominating Commission last June. The order comes on the heels of Tennessee Attorney General Bob Cooper’s opinion last week confirming the governor’s authority to make judicial appointments. The new 17-member commission will send a panel of three nominees to the governor to make an appointment when a vacancy occurs or is impending. The Administrative Office of the Courts has the story.

Posted by: Brittany Sims on Oct 16, 2013
News Type: BPR Actions

James Prentice DeRossitt, IV was transferred to disability inactive status during which he cannot practice law. He may return to the practice of law after reinstatement by the Tennessee Supreme Court upon showing of clear and convincing evidence that he disability has been removed and he is fit to resume. Download the BPR notice.


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