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Posted by: Julia Wilburn on May 14, 2024

According to new data from the American Bar Association (ABA), white law students are more likely to land full scholarships and less likely to receive scholarships covering less than half their tuition compared with non-white classmates. Reuters reports that white students were awarded 70% of the full-tuition scholarships given by law schools this year while comprising about 61% of the national pool of full-time law students. By contrast, students of color make up nearly 32% of full-time law students but received fewer than 23% of full-tuition scholarships. They were awarded nearly 34% of scholarships worth less than half tuition. Hispanic law students, which represent nearly 13% of the national student pool, received 9% of full-tuition scholarships, while Black students, which comprise more than 7% of all law students, and got just 5.5% of full scholarships.

Posted by: Julia Wilburn on May 14, 2024

The city of Memphis has subpoenaed all correspondence, documents and communication between Shelby County District Attorney General Steve Mulroy and attorneys for Tyre Nichols’ estate, and any communication between Mulroy’s office and the U.S. Department of Justice (DOJ), reports the Daily Memphian. In the subpoena, the city is seeking any information that Mulroy’s office passed on to attorneys for Nichols’ estate. That information, if shared, could aid lawyers in their effort to prove the city’s police policies, training practices and a lack of supervision contributed to Nichols’ death, which is the crux of a civil case against the city.

Posted by: Julia Wilburn on May 14, 2024

Tennessee Attorney General Jonathan Skrmetti on Monday filed a lawsuit against the Equal Employment Opportunity Commission (EEOC) alleging federal agency overreach. The lawsuit claims that new sexual harassment guidance from the EEOC "unlawfully extends Title VII’s protections against sex-based discrimination to cover gender identity." The Tennessean reports that under the guidelines, an employer could be held liable under Title VII of the Civil Rights Act — which prohibits employment discrimination — if they (1) don't allow employees access to bathrooms consistent with their gender identity, (2) repeatedly and intentionally refer to an employee with pronouns inconsistent with their gender identity or (3) harass an employee because they dress or appear differently than the way typically "associated with that person’s sex."

Posted by: Julia Wilburn on May 14, 2024

The state Court of Appeals last week ruled that game wardens with the Tennessee Wildlife Resources Agency (TWRA) must obtain warrants before entering private property. The Tennessee Lookout reports that a three-judge panel concluded TWRA’s warrantless forays onto private property violate Article 1, Section 7 of the Tennessee Constitution, which reads in part: “The people shall be secure in their persons, houses, papers and possessions, from unreasonable searches and seizures.” The decision will require TWRA to seek judicial warrants based on probable cause that a crime has been committed before entering private property — the same rules that bind every other law enforcement agency in the state.

Posted by: Julia Wilburn on May 14, 2024

A jury has found Metro Nashville Fire Department (MNFD) guilty of discrimination against Deputy Fire Marshal Maggie Lawrence, and has awarded her $225,000 in compensatory damages. The Nashville Banner reports that the lawsuit, which was initiated in September 2022, alleged that Nashville Fire Chief William Swann promoted a younger and less experienced captain to the role of fire captain over Lawrence, despite the fire marshal at the time advocating for Lawrence as the more qualified candidate. The suit further claimed that Metro and Swann not only discriminated against Lawrence but also retaliated when she made her complaint public.

Posted by: Julia Wilburn on May 14, 2024

An investigation by WSMV found that several school districts have miscoded and misreported data surrounding "serious incidents" in their schools, which has led to an incorrect Safe Schools Report from the Tennessee Department of Education (TDOE). According to the news outlet, these often violent events include guns, weapons and explosives found on campus, as well as physical and sexual assaults. The Safe Schools Report breaks down the number of serious incidents reported at each school in every school district in the state, and the report is used by TDOE and state lawmakers to track guns and violence in schools and help guide policy on improving student safety. A data analysis found that miscoding of violent instances was to blame for a 50% spike in Clarksville-Montgomery County Schools.

Posted by: Julia Wilburn on May 14, 2024

Several health care entities in Middle Tennessee were impacted by a ransomware attack on St. Louis-based Ascension. A "cybersecurity incident" last week took down electronic health records, patient portal access and some systems used to order certain procedures and medications, reports the Nashville Business Journal. In an update Monday afternoon, Ascension said it worked over the weekend to respond to the attack and that it is "focused on restoring systems safely. We are making progress; however, it will take time to return to normal operations. As systems and services come back online, we will share those updates so that our patients and communities can plan accordingly."

Posted by: Julia Wilburn on May 13, 2024

TBA members and guests traveled to Dublin and Belfast, Ireland, May 7 through today for an international CLE series. Seven hours of CLE topics included an introduction to the Irish legal and constitutional system, European Union (EU) law, fundamentals of civil and criminal law, as well as more specialized topics to include immigration law, human rights, international law, environmental law, brand rights and intellectual property. The program provided participants with a deeper understanding of contemporary Irish law and business practices, international law and economic relations. The group visited the Law Society of Ireland and the Bar of Ireland, as well as the Four Courts, and learned about the legal structure of the organizations while networking with key leadership and associate members. Highlights in addition to the educational programs included visits to the Dublin’s National Museum of Ireland, Christ Church Cathedral, EPIC Museum, Guinness Storehouse Experience, Trinity College and Library, Game of Thrones Studio Tour and Titanic Belfast Museum. Excursions outside of the cities included Howth and Glendalough national parks with some members visiting Western Ireland and the Cliffs of Moher. TBA President Jim Barry said, “This has been the trip of a lifetime! Excellent food, hotels and CLE! The best part is the incredible friendships that developed with our fellow TBA travelers — memories never to be forgotten.” See pictures from the trip. Interested in learning more about TBA's next CLE abroad destination? Complete this form to receive updates.

Posted by: Julia Wilburn on May 13, 2024

The May/June Tennessee Bar Journal, the annual Access to Justice (ATJ) focused issue, is now available online. This issue's cover story focuses on the need for fee increases for indigent representation in Tennessee courts, and highlights attorneys' testimony before two legislative committees. The TBA's Public Service Award winners are profiled, and Russell Fowler gives readers a glimpse into the pro bono-focused life of Saint Ives. Columns include John Day's digest of tort cases before the Tennessee Supreme Court and Eddy Smith's look at mortality and the relief that comes with knowing your affairs are in order. In addition, Jim Barry's final President's Perspective column looks back at a year of transitions for TBA, and The Legal Life is full of ATJ news and updates on TBA ATJ initiatives.

Posted by: Julia Wilburn on May 12, 2024

The TBA’s 2024 Litigation Forum is a live virtual event this week on May 16. Programming will include a session covering Tennessee summary judgement, evidentiary privilege and the ethical implications of artificial intelligence from the perspective of the Board of Professional Responsibility. Speakers include Chattanooga attorney David Nagle with Legal Aid of East Tennessee, Nashville attorney Todd Presnell with Bradley Arant Boult Cummings and Tiffany Tant-Shafer with the Tennessee Board of Professional Responsibility. The program will run from 9 a.m. to 12:30 p.m. CDT.


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