TBA Law Blog


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Posted by: Brittany Sims on May 10, 2013
News Type: Legal News

House Republicans are willing to support an idea in President Barack Obama’s budget proposal to help college students avoid a costly hike on their student loans, according to Rep. John Kline, R-Minn., chairman of the Education and Workforce Committee. Obama’s plan links the interest rates on student loans to market rates. To calm the fears of runaway interest rates, Kline said his proposal would also include a cap on interest rates that was not part of Obama’s proposal. "At the end of the day, we believe that what we've done with this bill is make sure that the borrowers, whether they're graduates or undergraduates or parents, can take advantage of the lower rates when they're available," Kline said. The Memphis Daily News has the story.

Posted by: Brittany Sims on May 10, 2013
News Type: Legal News

House and Senate Republican leaders told President Barack Obama they will refuse to nominate candidates to serve on the 15-member Independent Payment Advisory Board, which would have the power to force payment cuts on insurers, drug companies and other service providers if Medicare costs rise beyond certain levels. House Speaker John Boehner, who joined Senate Republican leader Mitch McConnell in the boycott, said the House will vote again to repeal the health care act. According to the Memphis Daily News, a Democratic count finds the House has tried some 36 times to repeal or defund all or part of Obama’s landmark health care overhaul since it became law in 2010.

Posted by: Brittany Sims on May 10, 2013
News Type: Legal News

A federal appeals court has upheld U.S. District Judge Kevin Sharp’s prior ruling that found Metro Nashville Public Schools’ (MNPS) controversial student assignment plan did not represent deliberate racial segregation, the Tennessean reports. The opinion, issued today by the U.S. Court of Appeals for the Sixth Circuit, states that the rezoning plan did not have a “segregative intent” and passes constitutional muster even though it did lead to more racially divided schools. The decision marks another victory for MNPS in the four-year legal battle waged after it rezoned African-American students who live in parts of Bordeaux closer to their homes in the historically low-performing Pearl-Cohn High School cluster.

Posted by: Brittany Sims on May 10, 2013
News Type: Legal News

Chancellor G. Richard Johnson has announced he is retiring after 25 years on the bench effective June 30, the Administrative Office of the Court reports. Chancellor Johnson is a graduate of East Tennessee State University and received his law degree from the University of Tennessee. He was seated to the bench in 1988, after serving many years in private practice. The Judicial Nominating Committee is now accepting applications for the Chancery Court post, which serves Carter, Johnson, Unicoi and Washington counties. Applications are due by May 29.

Posted by: Brittany Sims on May 9, 2013
News Type: Legal News

In a stark policy reversal for Metro Nashville Animal Care and Control, pit bull puppies will be eligible for adoption at the city-run animal shelter beginning June 1, the Tennessean reports. Previously, any dog with pit bull bloodlines would be killed if it was not claimed by its owner within the state-mandated three-day holding period. Advocates say such breed-specific policies are wrong and have contributed to Metro’s 78 percent kill rate. Additionally, adult pit bulls that pass a health and behavioral screening, and have no history of aggression toward people or other animals, will be eligible for adoption beginning in September.

Posted by: Brittany Sims on May 9, 2013
News Type: Politics

After Sen. Doug Henry’s announcement yesterday that he will not seek re-election, Nashville politicos are looking ahead to a Democratic primary fight shaping up between Metro Councilman Jason Holleman and Jeff Yarbro. Holleman, a partner at Jones, Hawkins & Farmer law firm, confirmed he was running for the seat. Yarbo, who is with Bass, Berry & Sims, told the Tennessean he would make an announcement “when the time is right,” although many believe he will run again. In 2010, Yarbro lost to Henry by just 17 votes.

Posted by: Brittany Sims on May 9, 2013
News Type: BPR Actions

Attorney James S. Powell of Savannah was suspended by the Tennessee Supreme Court for two years and ordered to pay $750 restitution to a former client. Powell caused several overdrafts to occur to his client trust account and neglected the representation of a former client, causing the former client’s case to be dismissed for failure to prosecute. He also failed to respond to the Board of Professional Responsibility concerning complaints that had been filed against him. Download the BPR notice.

Posted by: Brittany Sims on May 9, 2013
News Type: Legal News

The Davidson County Election Commission voted 4-1 to fire embattled elections administrator Albert Tieche, the Tennessean reports. The decision followed a heated one-hour meeting during which commissioner Jim Grotto tendered his resignation. He criticized the others for seemingly fast-tracking the firing of Tieche. Commissioner chair Ron Buchanan made the motion to terminate Tieche’s contract and appoint deputy elections administrator Joan Nixon as interim.

Posted by: Brittany Sims on May 9, 2013
News Type: Legal News

The Department of Children’s Services announced last week it could only produce 42 of the court-ordered release of 50 records of children who died leading up to July 1, 2012. “There were eight case files in which no referral concerning the death of the child was made to the Department of Children’s Services and, therefore, the Department did not conduct any sort of investigation as to these deaths,” the DCS court filing said. DCS spokeswoman Molly Sudderth declined to answer any questions about why the records were unavailable, citing the ongoing litigation. The Tennessean has the story.

Posted by: Brittany Sims on May 9, 2013
News Type: Legal News

A new $24 million criminal justice center was approved by the Maury County Building Committee yesterday, the Columbia Daily Herald reports. The project was greatly reduced in size since it was last considered in order to make it more cost effective. The 95,556-square-foot center was cut down more than 21,000 square feet and will no longer include a parking garage or office for county staff. The number of courtrooms also was reduced.


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