TBA Law Blog


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

Memphis attorney Jenny Kiesewetter recently signed the lease for a new 3,500 square foot office space at the Forum III building at 1770 Kirby Parkway. She started her boutique firm Kieswetter Law Firm PLLC one year ago and focuses on employee benefits, health care regulatory compliance and corporate law. She has already expanded to include seven staff members -- four attorneys including Keiswetter, two paralegals and one receptionist. Formerly a partner at Evans Petree PC, Keiswetter told the Memphis Daily News she decided to start her own practice for many reasons, including the challenge of staying on top of regulatory changes that need to be conveyed to clients.

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

A new working paper by political scientist Maya Sen from the University of Rochester finds that the American Bar Association has for the past 50 years been systematically less likely to recommend the judicial confirmations of women or racial minorities than that of white men, the Washington Post reports. Sen focuses on nominations to the District Courts, the lowest level of federal courts, in part because the sheer number of seats means that there’s more information to mine than there is for appeals court or Supreme Court nominations.

Posted by: Brittany Sims on Feb 28, 2013

Gov. Bill Haslam’s reform proposal to take workers' compensation cases almost entirely out of the court system has set off alarms across the state. Under Haslam’s plan, a new state agency would handle all claim disputes. The Tennessee Bar Association recently published a letter by attorney Dave Dunaway arguing the reforms will cost taxpayers thousands of dollars, not contain premium costs and game the system in favor of the insurance industry. “It’s going to become a lot more formulaic, and there’s no consideration for pain," TBA Executive Director Allan Ramsaur told the Tennessean. "The whole process will be more cut and dried. Their goal seems to be to reduce litigation, but what it really means is fewer opportunities for clients to have individual circumstances brought to bear.”

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

Renewal of the Violence Against Women Act passed the U.S. House of Representatives 286-138 today, the Chattanooga Times Free Press reports. All seven Tennessean Republicans in the House voted against the legislation which reauthorizes various dating and domestic abuse initiatives including rape prevention programs, HIV/AIDs counseling and specialized training for law enforcement officials handling sexual assault cases. The bill now heads to the Oval Office.

Posted by: Brittany Sims on Feb 27, 2013
News Type: Passages

Knoxville attorney Geoffrey D. Kressin died Monday (Feb. 25) at the age of 65. Born in Oklahoma, Kressin received his bachelor’s degree in mechanical engineering and law degree from the University of Tennessee. He practiced in Knoxville with the Luedeka Neely Group, P.C and was an associate professor at the University of Tennessee from 1974 to 1988. Kressin’s practice emphasized patent, trade secret, trademark and copyright litigation. He was a member of the American, Tennessee and Knoxville Bar Associations. Funeral services will be held March 11 at 3 p.m. at the Episcopal Church of the Ascension, 800 Northshore Dr., Knoxville. Receiving of friends will immediately follow the service in the church fellowship hall. In lieu of flowers, the family asks that you consider a donation to “Dr. Joe,” Kressin’s oncologist or memorial donations to Johns Hopskins University.

Posted by: Brittany Sims on Feb 27, 2013
News Type: Legal News

A Memphis man convicted of three carjackings and nine other felonies was denied a new trial despite his claims that he was ineffective in acting as his own attorney for part of the trial, the Commercial Appeal reports. In a hand-printed motion, Christopher John Clark stated that he had a mental condition that prevented him from properly serving as his own defense counsel. Federal prosecutor Jennifer Webber stated “Precedent does not support allowing Clark to demand his right to represent himself, make an informed decision to do so and then get a second bite at the apple when that decision does not go in his favor” noting that the judge repeatedly tried to discourage Clark from representing himself. He faces 50 years in prison when he is sentenced next month by Senior U.S. District Judge Thomas B. Russell of Kentucky, one of several visiting judges helping to reduce a backlog of cases in Memphis.

Posted by: Brittany Sims on Feb 27, 2013
News Type: Legal News

Tennesseans unable to make their mortgage payments and in danger of losing their homes to foreclosure can get help from Keep My Tennessee Home, a program administered by the Tennessee Housing Development agency to provide loans to unemployed or substantially underemployed homeowners. Tennessee is one of 18 states plus Washington DC that are receiving the Federal Hardest Hit Funds due to having an unemployment rate higher than the national average. Homeowners who qualify for financial assistance may received up to 36 months of monthly mortgage payments and/or funds to pay past due payments. To learn more, download the brochure or visit www. keepmytnhome.org.

Posted by: Brittany Sims on Feb 27, 2013
News Type: U.S. Supreme Court

The Supreme Court heard arguments today in a case challenging the part of the Voting Rights Act of 1965 that forces places with a history of discrimination, mainly in the Deep South, to get approval before they make any changes in the way elections are held. The lawsuit from Shelby County, Ala., claims the “dire local conditions” that once justified federal oversight of elections no longer exist. The Commercial Appeal has the story.

Posted by: Brittany Sims on Feb 27, 2013
News Type: Legal News

Federal civil rights investigators from the Departments of Justice and Education will visit Robertson County next week to look into community complaints that the public schools are racially segregated. The Tennessean reports the trip will include visits to eight schools and interviews with Director of Schools Dan Whitlow, as well as former assistant director of schools Danny Weeks. Residents can also discuss the issue at a community meeting at 6 p.m. on March 7 at the Robertson County Senior Center in Springfield. Robertson County remains under a federally approved desegregation plan and could lose federal funding if it does not keep schools integrated.

Posted by: Brittany Sims on Feb 27, 2013
News Type: BPR Actions

Georgia attorney John Michael Giglio, licensed to practice law in Tennessee, received a public censure from the Board of Professional Responsibility for informing his client in an estate matter that he would charge a 15 percent contingency fee, but did not provide a written contract documenting the terms of the fee agreement. The client contested the reasonableness of Giglio’s $70,000 attorney fee and a probate court clerk and master found the reasonable fee to be $20,000. Giglio was ordered to refund $50,000 plus the cost of the fee proceeding. Download the BPR notice.


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