TBA Law Blog


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Posted by: Julia Wilburn on Jul 19, 2024
News Type: Legal News

Montgomery County has appointed Teya Moore as juvenile resource coordinator for its juvenile court system. According to Clarksville Online, this newly created position will coordinate community-based services to prevent youth from involvement in the juvenile justice system and provide resources to at-risk children and families. Moore holds a Bachelor of Arts in Criminal Justice and a Master of Science in Human Services with a specialization in Social and Community Services. Previously, she was program coordinator for Catholic Charities in Clarksville and has worked with Clarksville Housing Authority, Blanchfield Army Community Hospital, Soldier Transition Assistance Program and Goodwill Career Solutions.

Posted by: Julia Wilburn on Jul 19, 2024

The Tennessee Supreme Court has ruled that attorneys must promptly pay their annual professional privilege tax or face immediate suspension of their law license. Montgomery County attorney Colleen Ann Hyder was suspended in 2020 for non-payment but continued to represent clients in violation of state regulations. The court upheld a public censure against Hyder for this unauthorized practice, rejecting her claim that she had a grace period to wind down her practice following the suspension. Read more from the court about its findings and a press release from the Board of Professional Responsibility about the suspension.

Posted by: Julia Wilburn on Jul 19, 2024
News Type: Legal News

Public access to Franklin State Forest is currently restricted as the Tennessee Department of Agriculture investigates vandalism and theft of Division of Forestry (TDF) equipment. TDA’s Agricultural Crime Unit is working with the Tennessee Bureau of Investigation, the Federal Bureau of Investigation, Homeland Security and local law enforcement to arrest those responsible for vandalizing TDF dozers and a transport truck, leaving the equipment with costly, extensive damage. The Chattanooga Times Free Press reports that state officials suspect that opponents of the logging industry are responsible. Read the press release from the department.

Posted by: Julia Wilburn on Jul 19, 2024
News Type: Legal News

An Arkansas personal injury attorney on Wednesday filed a federal lawsuit against the law firm Morgan & Morgan, alleging "unfair and deceptive advertising practices" and stating that the firm's advertisements violate state attorney professional conduct rules as well as the Federal Communications Commission's rules preventing false or misleading advertising. Reuters reports that Morgan & Morgan said in a statement that the lawsuit "is meritless and will be dismissed." The attorney, who works at a two-lawyer firm, told Reuters it can be difficult to compete with such a big firm, which he said is "stepping on the little guys." Morgan & Morgan has offices in Memphis, Nashville and Murfreesboro.

Posted by: Julia Wilburn on Jul 19, 2024
News Type: Legal News

Memphis-Shelby County Schools (MSCS) has reached a settlement with the nonprofit Satanic Temple in a federal lawsuit. The suit claimed that MSCS discriminated against the After School Satan Club (ASSC), a program of the Satanic Temple, which sought to rent space for after school activities at Chimneyrock Elementary School in Cordova. The Daily Memphian reports that the Freedom from Religion Foundation represented the ASSC in the matter, and that MSCS will pay more than $15,000 to settle the lawsuit.

Posted by: Julia Wilburn on Jul 19, 2024
News Type: Legal News

Public health clinics in Tennessee will no longer give teens access to certain health care — including birth control, sexually transmitted infection treatment and pregnancy testing — without parental consent, according to the Department of Health. The department's interpretation of the Family Rights and Responsibilities Act, which went into effect July 1, is changing the way doctors and nurses interact with teenage patients seeking care at public health clinics, Tennessee Lookout reports. Before the law took effect, teens 14 and older could access contraceptives, HIV and pregnancy tests, and a range of primary health care from public health clinics without parental consent. Now, the department is requiring that a parent be present or give verbal consent over the phone. The department also is interpreting the law to require that all health care providers obtain parental consent before offering counseling or psychological services, but it remains unclear how the state intends to apply this provision of the law to the spectrum of mental health professionals.

Posted by: Julia Wilburn on Jul 19, 2024
News Type: TBA CLE

Make plans now to join colleagues for a one-hour webcast "Disability Law: Changes in Past Relevant Work" on Aug. 7 from 11:30-12:30 p.m. CDT. Hear from Knoxville lawyer Emma Drozdowski Webb with Drozdowski & Rabin and Gallatin lawyer Chris George with George & George, who will discuss recent Social Security regulatory changes that positively impact claimants and recipients.

Posted by: Julia Wilburn on Jul 16, 2024
News Type: BPR Actions

Davidson County attorney Marvin Don Himmelberg has received a public censure from the Tennessee Supreme Court. In defending a juvenile client against criminal charges, the court found that Himmelberg failed to appear for the client’s arraignment hearing, jeopardizing the client’s plea deal, and failed to refund any part of the client’s fee. These actions were determined to violate Rules of Professional Conduct 1.3, 1.4 and 1.5.

Posted by: Julia Wilburn on Jul 16, 2024
News Type: Legal News

A lawsuit filed in federal court on July 9 alleges that Cheekwood Botanical Gardens orchestrated a “coup” over the past year to take over operations of the annual Swan Ball. The complaint says that when it became clear that Cheekwood was attempting to “assert control over the operations of the [planning] committee,” the board unanimously voted to formalize itself as a separate and autonomous nonprofit in May, reports the Nashville Banner. It also filed a federal trademark application for “Swan Ball,” which it argues should prevent Cheekwood from continuing to control it. With the exception of a two-year hiatus due to the pandemic, the Swan Ball has been put on every year since 1963 as a fundraiser for the Nashville nonprofit.

Posted by: Julia Wilburn on Jul 16, 2024
News Type: Legal News

Johnson City attorneys Brad Griffith and Solange McDaniel announce the formation of the firm Griffith McDaniel PLLC, located at 926 W. Oakland Ave., #206, Johnson City, TN 37604. Griffith focuses his practice on personal injury, general civil litigation and mediation; McDaniel's practice centers on social security disability, family law and conservatorships.


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