TBA Law Blog


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Posted by: Brittany Sims on Jul 24, 2013
News Type: Legal News

A federal appeals court has upheld a court order that blocks importation of sodium thiopental, a sedative used to anesthetize inmates before they receive drugs that cause death. The decision upheld a trial judge’s order in a suit by a group of death row inmates in California, Arizona and Tennessee. The appeals court said a judge doesn’t have power to require the FDA to order states to return the drug, however, because the states weren’t parties to the suit. The ABA Journal has the story.

Posted by: Brittany Sims on Jul 24, 2013
News Type: Legal News

The Knoxville News Sentinel is continuing its fight to get access to TBI records on disgraced former Knox County judge Richard Baumgartner. The newspaper today filed a petition arguing that Senior Judge Walter Kurtz got it wrong in a recent ruling on the file when Kurtz opined that law enforcement files are exempt from the Tennessee Open Records Act. The newspaper has tried twice to use court action to force the unsealing of the entire TBI file on Baumgartner.

Posted by: Brittany Sims on Jul 24, 2013
News Type: BPR Actions

The law license of Bryan Bradley Martin yesterday was transferred to disability inactive status. Martin cannot practice law while on disability inactive status and may return after reinstatement by the Tennessee Supreme Court upon showing of clear and convincing evidence that the disability has been removed and he is fit to resume the practice of law. Download the BPR notice.

Posted by: Brittany Sims on Jul 19, 2013
News Type: Legal News

The Nashville attorney representing Pilot Flying J in its trucking rebate case today added his opinion to the discussion of a class action agreement reached in Arkansas federal court. In a statement released today, Aubrey Harwell of Neal & Harwell PLC said, "The choices for any potential clients in this case are clear:  1) join the class, receive 100 percent of any monies owed with 6 percent interest, within a few months without a long drawn out court battle and with no other costs or legal fees deducted; or 2) opt out of the class, which they have every right to do; go to court, get whatever they can; and pay all costs, including legal fees, for the experience. I know what I would advise my clients." Earlier this week an attorney for one trucking company said he was advising his clients against accepting the settlement.

Posted by: Brittany Sims on Jul 19, 2013
News Type: Legal News

A class-action decision against Whirlpool Corp. was upheld in the U.S. Sixth Circuit Court of Appeals in Cincinnati Thursday, affirming liability in a lawsuit that accused the company of selling faulty washing machines that produced mold. Nashville attorney Mark Chalos of Lieff Cabraser Heimann & Bernstein was lead counsel in the multi-district case, originally filed in 2008 in U.S. District Court for the Northern District of Ohio. “The case has now been reviewed by two federal appeals courts on three different occasions and the courts have unanimously found that the plaintiffs’ claims should go forward, and the families should get their day in court,” Chalos told the Nashville Post.

Posted by: Brittany Sims on Jul 19, 2013
News Type: Congressional News

A bipartisan compromise on student loans promises better deals for students and parents over the next few years but could spell higher rates as the economy improves, the Memphis Daily News reports. Under the deal, undergraduates this fall could borrow at a 3.9 percent interest rate. Graduate students would have access to loans at 5.4 percent, and parents would be able to borrow at 6.4 percent. Those rates would climb as the economy improves and it becomes more expensive for the government to borrow money. Sen. Lamar Alexander, R-Tenn., said students will benefit: "For every one of them, the interest rates on their loans will be lower."

Posted by: Brittany Sims on Jul 19, 2013
News Type: Legal News

Hamilton County Circuit Court Clerk Paula Thompson says she will not seek re-election and plans to retire when her term ends August 2014. Thompson has been criticized publicly by county commissioners recently for her handling of the office’s budget. But she said Thursday her decision “has nothing to do with all the political stuff.” She declined to comment further, citing “personal reasons,” the Chattanooga Times Free Press reports.

Posted by: Brittany Sims on Jul 19, 2013
News Type: Congressional News

The Senate Appropriations Committee yesterday approved $430 million for the Legal Services Corporation in fiscal year 2014. According to an LSC press release, this amount represents a $90 million increase over LSC’s current funding level, and is consistent with the White House budget request for 2014. "We want to thank Senators (Barbara) Mikulski and (Richard) Shelby for showing such strong leadership and support for LSC, and for recognizing the importance of federally funded civil legal aid,” LSC Board Chair John G. Levi said.

Posted by: Brittany Sims on Jul 19, 2013
News Type: Legal News

University of Tennessee College of Law faculty led a group of 64 lawyers from around the county in a three-day workshop designed to help lawyers who represent children and families in juvenile court and serve as Guardians ad Litem. The program was hosted by the National Institute of Trial Advocacy in conjunction with the Tennessee Court Improvement Program in Murfreesboro, the UT Informant reports.

Posted by: Brittany Sims on Jul 19, 2013
News Type: Legal News

Williamson County Commissioner Travis Hawkins has been hired as the Spring Hill city attorney. That's caused some -- including Hawkins -- to be concerned about a possible conflict of interest. Hawkins, the Tennessean reports, is contemplating resigning his elected post. The Spring Hill Board of Mayor and Aldermen voted 5-3 to hire the Franklin-based Hawkins Law Firm, headed by Hawkins, who will serve as the primary city attorney under a contract to be negotiated with the city. The firm replaces Pulaski-based Henry Henry & Underwood, which served as the city’s legal representation for eight years with Tim Underwood primarily serving as city attorney during that time.


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