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Posted by: Julia Wilburn on Apr 2, 2024

Russ McKamey, owner of Summertown attraction McKamey Manor, on Friday filed a lawsuit against Tennessee Attorney General Jonathan Skrmetti and Commissioner of the Tennessee Department of Commerce and the State Fire Marshall Carter Lawrence. The Tennessean reports that McKamey is seeking a court order to ensure he will not have to testify in a state investigation he considers politically motivated. In late 2023, a Hulu documentary prompted Skrmetti's office to open an investigation into McKamey Manor's business practices. The lawsuit stems from that investigation, arguing that providing testimony is not necessary for Skrmetti’s office to conduct its probe. The suit also argues that information obtained under oath could lead to discovery of evidence that could be used to prosecute McKamey.

Posted by: Julia Wilburn on Apr 2, 2024

Two bills with the potential to affect foster children are on their way to Gov. Bill Lee's desk for his signature. HB2169/SB1738 would block the Department of Children's Services (DCS) from excluding potential adoptive or foster parents who hold anti-LGBTQ beliefs for "religious or moral" reasons. Another bill, SB2359/HB1726, would prohibit DCS from requiring foster parents to get the flu or whooping cough vaccine, regardless of the medical vulnerabilities of the child. Republicans have claimed that both bills will widen the pool of prospective foster families, while Democrats have voiced concerns over the mental and physical well-being of vulnerable children. The Tennessean has the story.

Posted by: Julia Wilburn on Apr 2, 2024

State Sen. Steve Southerland, R-Morristown, experienced a medical emergency during a Senate floor session Monday and was taken to the hospital, WPLN reports. A spokesperson for the Senate speaker’s office stated that other senators came to Southerland's aid and removed him from the chamber, before emergency personnel attended to him. Southerland was alert when he was taken out. He represents District 9, which serves parts of Cocke, Greene, Hamblen, Sevier and Unicoi counties.

Posted by: Stacey Shrader Joslin & Julia Wilburn on Apr 2, 2024

Make plans now to join colleagues from across the state at the TBA’s 2024 Annual Convention, set for June 12-15, at the Peabody Hotel in Memphis. Perennial favorites such as the Bench Bar program and lunch, Lawyers Lunch and joint event with the Tennessee Judicial Conference return to the agenda alongside new offerings including a Wednesday night dine-around for all attendees; a Public Service breakfast, where TBA will honor legal aid, private practice and law student pro bono work; a ticketed reception on Thursday night open to the entire legal community; and a chance to be the honorary Peabody Duck Master! This year’s theme — “A Bridge to the Future” — also will bring compelling CLE programs focused on artificial intelligence and how this rapidly expanding technology will impact the practice of law. During the week, the Tennessee Lawyers' Association for Women, Tennessee Alliance for Black Lawyers and Tennessee Trial Lawyers' Association also will hold meetings and events at the Peabody, making Memphis the place to be this June. Access registration, hotel reservation information and more on the event website.

Posted by: Julia Wilburn on Mar 29, 2024

The U.S. Court of Appeals for the D.C. Circuit ruled today that Meta Platforms cannot delay a U.S. Federal Trade Commission (FTC) probe into alleged privacy failures by its Facebook unit while the company pursues a lawsuit challenging the agency's authority. Reuters reports that the court found that Meta had not shown its challenge was likely to be successful. The court said Meta has "not met its heavy burden of showing entitlement to an injunction pending appeal." The same appeals court panel on March 12 denied a separate request by Meta in a related case to pause the FTC’s probe, which was announced last year, despite Meta's objections that it already paid a $5 billion fine and agreed to a range of safeguards.

Posted by: Julia Wilburn on Mar 29, 2024

Gov. Bill Lee on Thursday signed off on the repeal of police traffic stop reforms made in Memphis after the fatal beating of Tyre Nichols by officers in January 2023, despite pleas from Nichols’ parents to give them a chance to find compromise, reports the Associated Press. The governor’s signature means the law immediately renders some of Memphis’ ordinances null and void, including one that outlawed so-called "pretextual" traffic stops, such as those for a broken taillight and other minor violations.

Posted by: Julia Wilburn on Mar 29, 2024

Lincoln Memorial University Duncan School of Law (LMU Law) has announced that Maha Ayesh has been promoted to associate dean for academic affairs. Ayesh has served as LMU Law’s director of experiential learning since October 2020. During that time, she has overseen a growing externship program while developing clinical offerings to provide students with practical experience and meeting the law school’s mission to serve the underserved. These efforts have included a domestic violence clinic and mediation clinic in neighboring Sevier County and an immigration clinic with Catholic Charities of East Tennessee. Ayesh also has taught a variety of doctrinal and experiential courses and served on the law school’s Curriculum Committee, allowing her to gain an understanding of its curricular process and needs.

Posted by: Julia Wilburn on Mar 29, 2024

Belmont College of Law’s transactional and mock trial teams have experienced success this year, with teams and individuals earning regional and national recognition. Ally Bojczuk (3L), Kendall McMullen (2L) and Katelyn Watlington (3L) were declared national champions at the L. Edward Bryant Jr. National Health Law Transactional Competition. Nate Conder (3L), Garrison Luckett (3L) and Kaitlyn Phillips (3L) were regional finalists at the National Trial Competition (NTC) in Birmingham, Alabama. Belmont’s team of Zach Lambert (3L), Hunter Lindsey (3L), Taylor Patton (2L) and Alexis Phelps (3L) were regional semifinalists at the American Association of Justice Mock Trial Competition. And Torin Shanahan (3L) and Mary Kate Tumelty (2L) represented Belmont and advanced to the semifinal round of the Magnolia Cup Negotiation Competition, a new competition for the school.

Posted by: Julia Wilburn on Mar 29, 2024

A nine-page report from Tennessee Comptroller Jason Mumpower’s Local Government Audit Unit, released last week, says the Shelby County Clerk’s office has been using different software to record parts of the same transactions and for years has not reconciled conflicting dollar amounts in financial statements. In a press release announcing the findings, the comptroller’s office says that the clerk's office "is not utilizing the software to its full capabilities." The Daily Memphian reports that the clerk’s office also "lacks an understanding of its software system." Auditors also noted issues with reconciliations not being performed, a signature stamp being used on checks, employees deleting their own transactions without authorization, and a failure to properly track how much money the county is owed after bad checks are written by customers. Shelby County Trustee Regina Newman told the news outlet that the county government may hire an auditor to further reconcile the money it gets from County Clerk Wanda Halbert’s office, stating "that’s obviously a longer-term issue." According to the Commercial Appeal, Hamilton County District Attorney Coty Wamp, who was appointed to lead the investigation, told reporters last Friday she learned things that give her "great concern" regarding Shelby County Clerk Wanda Halbert. "It makes sense that there are unhappy citizens and unhappy commissioners and unhappy elected officials, that makes sense to us at this point. There certainly are failures that must be fixed at some point whether that's through removal of office or not, we will make those decisions," Wamp said.

Posted by: Julia Wilburn on Mar 29, 2024

The Tennessee House on Thursday voted to vacate the Tennessee State University (TSU) board in its entirety. The Tennessean reports that a $2-million external forensic audit, commissioned by legislators and released on Thursday, found no instances of fraud or malfeasance at the historically Black university in Nashville, though it noted that a 250% increase in scholarships between 2019 and 2023 was not sustainable. Gov. Bill Lee signed the legislation into law on Thursday evening and announced eight new appointees. They include TBA members Terica Smith, Charles Traughber and Dakasha Winton. All new appointees are TSU graduates.


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