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Posted by: Julia Wilburn on Jan 19, 2024

The U.S. Department of Justice and four additional jurisdictions have joined the multistate bipartisan antitrust lawsuit against the National Collegiate Athletic Association (NCAA), which was filed in December by Tennessee Attorney General Jonathan Skrmetti and attorneys general in six other states. Skrmetti's office reports that the additional parties include the states of Minnesota, Mississippi and Virginia, and the District of Columbia. The lawsuit challenges the NCAA’s transfer eligibility rule as an illegal restraint on college athletes’ ability to sell their image and likeness and control their education. The rule requires that college athletes who transfer a second time among Division I schools must wait one year before competing in games.

Posted by: Julia Wilburn on Jan 19, 2024

The 23rd Judicial District Recovery Court will honor Paul Broome and William Wesley Knight at its 300th graduation ceremony Jan. 30 at 5:30 p.m. CST in Circuit Courtroom #3 in Charlotte, according to a press release from the court. The court serves Cheatham, Dickson, Houston, Humphreys and Stewart counties, promoting responsibility and accountability, and teaching participants to become productive members of the community. The program is an alternative to incarceration and integrates chemical dependency treatment and community resources with the criminal justice system. This year marks the 25th year of operation of the program, making it one of the oldest recovery courts in Tennessee.

Posted by: Julia Wilburn on Jan 19, 2024

Adam Johnson has been elected to serve as 2024 president of the Memphis Bar Association (MBA), which celebrates its 150th anniversary this year. Johnson is an associate attorney at Nahon, Saharovich & Trotz, where he practices civil litigation in the area of personal injury. He earned his Bachelor of Arts from UCLA in 2003 and he began practicing law in 2008 after obtaining his law degree from the University of Memphis Cecil C. Humphreys School of Law. During law school, Johnson served as a judicial extern for Judge Bernice B. Donald, then of the U.S. District Court for the Western District of Tennessee, and as a member of both the University of Memphis Law Review and the University of Memphis Moot Court Board. Read more in a release from the association.

Posted by: Julia Wilburn on Jan 19, 2024

The Tennessee Bar Association has submitted a comment to the Tennessee Department of Commerce & Insurance (TDCI) regarding the licensure of court reporters and the sunsetting of the Board of Court Reporting. Recently, the TDCI identified the Board of Court Reporting as a regulatory body that is no longer needed. Among other things, the TDCI noted that the board meets only twice a year and has relatively few complaints to deal with. Given that the purpose of most regulatory boards is to protect the public, in this instance the TDCI believes that the public is well protected, and there is no longer a need to have a regulatory board in place. The TBA earlier publicized the request for public comment, and also polled section members to determine their respective opinions on the issue. While some comments agreed with the TDCI’s position that the board is unnecessary and is not needed to protect the public, the majority of comments expressed support for the continued regulation of court reporters. The TBA has thoughtfully considered TDCI’s rationale in recommending to sunset the board, but respectfully believes that the very existence of the board serves the critical function of protecting the public, which is a paramount consideration for the creation or continuation of any state board. Read the full comment.

Posted by: Julia Wilburn on Jan 19, 2024

Perry Stout, former Johnson County Sessions Court Judge, and his wife Pamela Ann Stout, have been charged with various drug charges by the First District Attorney General Steve Finney’s office, reports WJHL. Stout has been charged with money laundering, possession of a weapon during commission of a dangerous felony, conspiracy to possess with intent to sell or deliver Schedule VI drugs, and maintaining a dwelling for the sale or use of narcotics. Stout resigned in June citing "immoral acts" and stated in July that he would not seek reelection to the bench.

Posted by: Julia Wilburn on Jan 19, 2024

Tennessee will participate in a federal program designed to give parents extra cash to buy food for their children during the summer months. The Tennessee Lookout reports that the Summer Electronic Benefit Transfer for Children, or Summer EBT, will provide $40 per month for each school-aged child living below the poverty line. The funds are loaded onto a debit card that may only be used to buy food. There are 644,000 Tennessee children who are eligible for Summer EBT — potentially drawing more than $77 million in funding for low-income families.

Posted by: Julia Wilburn on Jan 19, 2024

A second former police officer charged in the death of Tyre Nichols has asked for his upcoming federal trial to be moved outside of Memphis. Demetrius Haley yesterday asked for the trial to be moved outside of the city due to excessive media coverage of the case, according to the Daily Memphian. Haley's attorneys, Michael Stengel and Stephen Leffler, asked the court to consider several options, including moving the trial to Jackson, expanding the jury pool or sequestering the jury. Tadarrius Bean made a similar change of venue request on Jan. 5. The trial is set for May 6.

Posted by: Julia Wilburn on Jan 19, 2024

The Nashville Bar Association announced in an email that the offices of the Davidson County Circuit Court Clerk (Circuit, Probate, General Sessions-Civil, Traffic Violations Bureau and Resource Center) will be closed on today but will have limited staff working remotely. Dockets for the First, Fourth, Sixth and Eighth Courts will operate virtually; Second and Fifth Circuits are rescheduled to Jan. 26; and Third will offer the Bridge line as an option for the docket. Chancery Court I has canceled its docket for today while Chancery Court II has canceled its docket for today and rescheduled for Feb. 9. Juvenile and criminal courts are closed today. General Sessions is closed and attorneys should e-file a notice of new hearing date. Probate Judge Andra Hedrick will offer a hybrid option today. The Bureau of Worker's Compensation remains closed, though previously scheduled telephone or teleconference hearings will proceed. Hearings scheduled for Murfreesboro will be rescheduled. The U.S. District Court for the Middle District of Tennessee opened late at 10 a.m. will close at 1:30 p.m. CST today due to inclement weather. State offices remain closed.

Posted by: Julia Wilburn on Jan 19, 2024

Retired General Sessions Judge Robert Donald "Don" Arnold died on Jan. 15 following a lengthy illness. He was 81. A native of Sullivan County, Arnold received his law degree from the University of Tennessee College of Law and settled in Johnson City, where he helped found the law firm of Hicks, Arnold, Haynes & Sanders in 1968. He served as a Johnson City commissioner and later as mayor in the late 1970s. A decade later, he was elected to represent the Third District in the Tennessee Senate, where he was named Republican leader. Later elected to preside over Washington County General Sessions Court Part III, Arnold retired in 2022 after nearly nine years on the bench. Memorial donations may be made to Families Free, a 501(c)3 organization designed to build better communities through the transformation of vulnerable families, especially those affected by incarceration, online at familiesfree.com, or by mail at P.O. Box 5645, Johnson City, TN 37602. Services were held Thursday.

Posted by: Julia Wilburn on Jan 11, 2024

The January/February issue of the Tennessee Bar Journal is now available online! This issue's cover story is on the "Big 3" of intellectual property law: Wesley Barbee, Samuel Raque and John Willis Stevens explore recent U.S. Supreme Court rulings in trademark, copyright and patent decisions. A feature story by Nashville School of Law 3L Emily Crawford focuses on the much-anticipated Blue Oval City outside Jackson and what Tennessee's eminent domain law might mean for local landowners. Eddy Smith brings us a second installment on death and taxes, covering more trusts and estates developments; Edward G. Phillips and Brandon L. Morrow ponder Tennessee's employment-at-will doctrine in light of the state Supreme Court's ruling in Smith v. BlueCross BlueShield of Tennessee; President Jim Barry turns his column's focus toward retirement and shares suggestions on how lawyers may choose to spend their time post-career; and we shine the spotlight on the Tennessee State High School Mock Trial Competition and how you can get involved!


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