TBA Law Blog


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Posted by: Brittany Sims on Mar 29, 2013
News Type: Legal News

Some Tennessee hospitals may face closure as Gov. Bill Haslam delays a decision on whether to expand the state’s Medicaid program under the federal health care overhaul, the Chattanooga Times Free Press reports. Senate Speaker Ron Ramsey and House Speaker Beth Harwell back Haslam’s decision to continue negotiating with the Obama administration, stating that such things happen in order to operate in a free market.

Posted by: Brittany Sims on Mar 29, 2013
News Type: Legal News

Libel cases over online comments are on the rise, as judges struggle with balancing freedom of speech with the devastating professional consequences of reckless or unsubstantiated reviews. In an opinion piece for TriCities, president and executive director of the First Amendment Center at Vanderbilt University Ken Paulson says that courts have largely found that the First Amendment protects comments that are strictly opinion or hyperbole. Reckless or unsupported statements of fact, such as stating a lawyer is unlicensed or negligent, can lead to liability however.

Posted by: Brittany Sims on Mar 29, 2013
News Type: Legal News

The ABA Section of Legal Education and Admissions to the Bar released data on law graduate employment outcomes for the class of 2012 nine months after graduation. According to ABA Now, law schools reported that 56.2 percent of graduates were employed in long-term, full-time positions where bar-passage was required and 9.5 percent were employed in long-term, full-time JD Advantage positions. The numbers boast a 1.3 and 1.4 percentage increase from 2011 data, respectively.

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

Heather Hubbard of Nashville’s Waller Lansden Dortch and Davis has been named a 2013 fellow to the Leadership Council on Legal Diversity. The year-long fellowship will allow Hubbard to learn from some of the legal profession’s top general counsels and managing partners. It also includes extensive contact with LCLD’s top leadership as well as in-person conferences, virtual training on the fine points of legal practice, and peer-group projects to foster collaboration and build relationships. The Nashville Post has the story.

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

The Tennessee Court of Appeals ruled that the city of Brentwood library should be forced to accommodate the Williamson County Election Commission as an early voting polling place, the Nashville City Paper reports. The commission sued the city of Brentwood last year after the library refused to hold early voting during the Republican primary. The Williamson County Chancery Court ruled in favor of the library, citing state law that “obligates the Commission to reasonably negotiate with local governments (or the controlling authority) whose facilities the Election Commission seeks to use.” The appeals court disagreed in its opinion and remanded the case back to chancery court.

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

The Judicial Nominating Commission has submitted three nominees to Gov. Bill Haslam to fill the Criminal Court vacancy in the 30th district caused by the death of Shelby County Judge W. Otis Higgs. The nominees are Dean Thomas DeCandia, Garland Ingram Erguden and Glenn Wright.

Posted by: Brittany Sims on Mar 28, 2013
News Type: Passages

Betty Fowlkes Boner died March 19 at the age of 64. She was a graduate of Nashville School of Law and worked for Shipley and Behm, Metro Legal and TennCare before retiring. Memorial services were held Tuesday at Westminister Presbyterian Church. Donations may be made to Nashville Children’s Alliance or Habitat for Humanity.

Posted by: Brittany Sims on Mar 28, 2013

The Senate has passed a bill to eliminate hotel allowances for lawmakers who live within 50 miles of the state Capitol. The proposal, sponsored by Republican Sen. Ferrell Haile of Gallatin, would discontinue the $107 per night hotel payment for Nashville-area legislators, saving more than $250,000 annually according to WATE Knoxville. The legislation would continue to provide for mileage and meal allowances for all lawmakers however.

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

Attorney General Robert Cooper issued an opinion calling a bill banning non-U.S. citizens from poll watching “constitutionally suspect” and likely violating the equal protection clause of the 14th amendment. House Bill 985, sponsored by Rep. Judd Matheny, R-Tullahoma, and Sen. Mike Bell, R-Riceville, would prohibit non-U.S. citizens, regardless of their immigration status, from working at or even entering voting sites. The House opted to delay voting on the bill for one week in the wake of Cooper’s opinion. The Tennessean has the story.

Posted by: Brittany Sims on Mar 25, 2013

The Tennessee Supreme Court has agreed to hear a DUI case that could determine whether police can arrest people suspected of drunk driving even after they pass field sobriety tests. The case involves a DUI charge in Sevier County that was dismissed because the driver passed a series of field sobriety tests but was still arrested. Blood tests showed he was legally drunk, but three lower courts have said the evidence was gained unlawfully because police had no proof he was guilty of anything other than a traffic violation. News Channel 5 has the story.


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