TBA Law Blog


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Posted by: Brittany Sims on Feb 21, 2013

The Senate Education committee passed legislation that would require schools and other organizations conducting youth athletic programs in Tennessee to adopt concussion policies. The proposal, sponsored by Sen. Jim Tracy, R-Shelbyville, was approved 8-0 and will head to the floor of the Senate. News Channel 5 also reports a proposal to eliminate affirmative action initiatives in higher education institutions in Tennessee has been delayed another week in order to work out language of the bill. As written, the legislation would prohibit colleges and universities from granting preference “based on race, gender or ethnicity.” The main issue is the interpretation of the term “preference.”

Posted by: Brittany Sims on Feb 21, 2013
News Type: Legal News

Attorneys for St. Thomas Outpatient Neurosurgical Center, where dozens of patients were injected with a meningitis-tainted steroid, filed a motion in Davidson County Circuit Court asking that the presiding judge assign the current and future lawsuits to a single circuit or chancery court judge, the Tennessean reports. The motion was filed on behalf of the Howell Allen Clinic, a codefendant in the two recent suits. The move for consolidation follows recent action merging cases in federal court stemming from the same fungal meningitis outbreak, which caused 14 deaths among Tennessee patients and sickened more than 700 people nationwide.

Posted by: Brittany Sims on Feb 21, 2013
News Type: U.S. Supreme Court

The Obama administration has one week to file a friend-of-the-court brief with the Supreme Court outlining its opinion on California’s Proposition 8 ban on gay marriage. While the Department of Justice would make the filing, the president is almost certain to make the ultimate decision on whether to do so. Gay rights advocates are calling on the administration to file a broad brief not only asking the court to declare the ban unconstitutional but also to make all state bans illegal. The Commercial Appeal has the story. 

Posted by: Brittany Sims on Feb 20, 2013

Senate Judiciary Committee Chairman Brian Kelsey delayed a vote on legislation that declares Tennessee has a right to nullify federal gun laws and charge federal agents who enforces them with committing a felony. The bill, sponsored by Sen. Mae Beavers, R-Mount Juliet, is presented as an amendment to the Tennessee Firearms Freedom Act of 2009. In a wrap-up of recent legislative news, Knoxnews also reported on a proposal to tighten enrollment requirements for online-only schools, which was approved in the House Education Committee. The proposal would allow online schools to start with an enrollment of 1,500 and expand so long as they meet performance requirements.

Posted by: Brittany Sims on Feb 20, 2013

A measure that would allow Tennessee to approach Congress about forming the state’s own health care system has failed a second consecutive year, the Memphis Daily News reports. The proposal, sponsored by Rep. Mark Pody, R-Lebanon, failed 9-9 in the House Insurance and Banking Committee. The bill would have allowed Tennessee to join an interstate health care compact in seeking other options. Opponents said it is unnecessary and could hurt the state’s other health initiatives such as Tennessee’s federal match for TennCare and the expanded Medicaid program

Posted by: Brittany Sims on Feb 20, 2013
News Type: Legal News

City Council Chair Pam Ladd said she is willing to step in and referee the latest dispute between Chattanooga Mayor Ron Littlefield and City Judges Sherry Paty and Russell Bean, the Chattanoogan reports. Mayor Littlefield and the judges have clashed over a number of issues since Paty accused Littlefield of trying to interfere in her handling of a case. The most recent dispute stems from an email Paty sent to the council members saying the administration was moving ahead with a plan to convert the city court clerk’s office to a paperless system, despite the judges’ request that the process not start until a new mayor can appoint a new city court clerk.

Posted by: Brittany Sims on Feb 20, 2013
News Type: Legal News

Former General Sessions Court Clerk Otis Jackson chose not to go to trial on official misconduct charges and instead agreed to pretrial diversion. The Commercial Appeal reports that under the diversion agreement, state prosecutors will put the four felony counts on hold for one year and then move for their dismissal if Jackson has no new brushes with the law. He must also pay a $30 monthly supervision fee to Pretrial Services, perform 50 hours of community service and pay $100 to Memphis Crime Stoppers.

Posted by: Brittany Sims on Feb 20, 2013

The Tennessee Supreme Court has refused to hear Curb Record’s appeal of a lower court’s ruling that Tim McGraw was free to record with whomever he wished while his legal fight with his longtime label continued through the court system, the Tennessean's music blog reports. McGraw recently released “Two Lanes of Freedom” with Big Machine Records, the first album of his career not to be released on Curb.

Posted by: Brittany Sims on Feb 20, 2013
News Type: Legal News

BP and the federal government have agreed that 34 million gallons of oil captured before it could enter Gulf waters during the massive 2010 spill will not count toward the oil giant’s civil penalties. While the Justice Department settled criminal charges in November, the first phase of the trial regarding the government’s civil claims will begin Feb. 25 to determine the cause of the well blowout and assign percentage fault to the companies involved in the drilling project that went wrong. WMC News Channel 5 has the story.

Posted by: Brittany Sims on Feb 20, 2013
News Type: Passages

Funeral arrangements have been announced for former Criminal Court Judge W. Otis Higgs, who died last week at the age of 75. Visitation will be held on Friday 11 a.m. to 3 p.m.  at Mississippi Boulevard Christian Church,  70 North Bellevue Blvd., Memphis. The funeral service will follow.


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