TBA Law Blog


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Posted by: Julia Wilburn on Jun 4, 2024
News Type: Legal News

Shelby County Clerk Wanda Halbert has filed a response to the pending ouster petition against her, saying the allegations levied against her were "at best simple negligence, mere mistakes in judgment and good faith efforts of defendant Halbert to perform her duties." The Commercial Appeal reports that Halbert's response states that the claims against her are contradictory and that they allege "willful neglect" while also citing instances that appear to be "simple negligence." The response mostly denies the allegations against Halbert, who has been under investigation since June 2023 by Hamilton County District Attorney Cody Wamp, who is serving as a special prosecutor in the case.

Posted by: Julia Wilburn on Jun 4, 2024
News Type: Legal News

Two Williamson County families have filed a lawsuit against Gov. Bill Lee and the Williamson County School System. The Tennessee Lookout reports that a 13-year-old Fairview Middle School student and a 14-year-old Page High School student were arrested at school and expelled in separate and unrelated incidents after school officials misinterpreted conversations between peers as “threats of mass violence.” The suit claims the teens were strip-searched, put in solitary confinement, sent to alternative school and then subjected to months of home visits by social workers and probation officers. Larry Crain, an attorney representing the families, said in a statement last week, “This was an overreach and misapplication of the law, which resulted in a denial of their constitutional rights.”

Posted by: Julia Wilburn on Jun 4, 2024
News Type: TBA CLE

Whether you are catching up on CLE or starting to meet your 2024 requirements, TBA CLE Essentials are designed with your convenience in mind. Choose from five unique packages that you can watch on-demand from the comfort of your own home or office. Whether you need three hours or 15, we have curated CLE packages by the hour, topic or practice area. These include: Summer Essentials Complete Package (15 hours including 12 dual), Ultimate Ethics Package (8 dual hours), General Solo and Small Practice Bundle (15.5 hours including 11 dual), The Rookie's Guide to Law (4 general hours), and the Women in the Profession Wellness Package (3 dual hours).

Posted by: Julia Wilburn on Jun 4, 2024
News Type: Legal News

Memphis Area Legal Services Inc. (MALS) on Monday announced that its board of directors has selected Memphis attorney Nicole M. Grida as its chief executive officer (CEO). In a press release, MALS said that Grida is a longtime supporter of access to justice programs, and will bring her leadership, collaboration and legal skills to the organization to ensure it continues to provide excellence in legal advocacy to those in need, while finding innovative ways to protect the legal rights of low-income citizens in Shelby, Fayette, Tipton and Lauderdale counties. She presently serves on the TBA Young Lawyers Division (YLD) Board as the YLD Fellows liaison. In May, MALS appointed Amber Floyd as chair of the board of directors. Floyd is general counsel to the Memphis International Airport and a YLD Fellow. She also serves on the TBA's Access to Justice Committee and the Tennessee Bar Journal Editorial Board.

Posted by: Julia Wilburn on May 31, 2024

The TBA Young Lawyers Division (YLD) has selected Kandiss Brown as its 2024 CASA Volunteer of the Year. During the four years that Brown has volunteered with CASA of Juvenile Court of Memphis and Shelby County, she has won praise as a dedicated volunteer who never hesitates to take on a new case, regardless of its level of complexity. "Mrs. Brown conducts each investigation in a professional manner without letting emotions overcome her judgement," CASA Executive Director Michelle Childs said in her nomination of Brown. The CASA Volunteer of the Year Award will be presented at the YLD Board’s annual dinner on June 14 in Memphis as part of the TBA’s Annual Convention. Read more in the TBA's press release.

Posted by: Julia Wilburn on May 31, 2024
News Type: Legal News

Two former Erlanger Hospital executives, Chief Compliance Officer Alana Sullivan and Chief Financial Officer Britt Tabor, in April 2021 filed a lawsuit against Erlanger, which recently was unsealed. The suit claims that the Chattanooga-based hospital is paying physicians well above their fair market value in exchange for referring patients, according to News Channel 9. The U.S. Department of Justice (DOJ) says it will intervene in the suit with regard to claims that the hospital violated the Stark Law, a federal anti-kickback statute that also prevents giving favored treatment to physicians.

Posted by: Julia Wilburn on May 31, 2024
News Type: Legal News

In response to a May 7 lawsuit filed by special prosecutor and Hamilton County District Attorney General Coty Wamp to remove Shelby County Clerk Wanda Halbert from her position, a Memphis judge has set two court dates. The Daily Memphian reports that Shelby County Circuit Court Judge Felicia Corbin-Johnson has scheduled the ouster trial for Aug. 31, but has set a hearing for June 25 to determine whether Halbert should be suspended pending the trial's outcome. If the outcome of the hearing is that Halbert remains clerk at least up to the August trial, Wamp and the prosecution could also change how they present their case. “The standard is very, very high for removal. We have to make sure we have the proof for both the suspension hearing and the trial,” Wamp said. Darrell O’Neal, representing Halbert, has filed a motion to dismiss the case saying that "mere negligence" is not grounds for dismissal and Halbert is being targeted politically.

Posted by: Julia Wilburn on May 31, 2024
News Type: Legal News

Knoxville Police Chief Paul Noel has appointed retired federal judge Bruce Guyton as deputy chief to oversee the department's Office of Professional Standards, reports the Knoxville News Sentinel. Noel created the position after an internal survey showed widespread dissatisfaction with communication from leadership, paths to promotion and that nearly every Black employee had experienced discrimination. Guyton, who has filled the role on an interim basis since July 2023, is tasked with creating, instilling and enforcing standards of conduct. Before taking on the interim deputy chief role, Guyton was a U.S. magistrate judge for the Eastern District of Tennessee for 20 years until he retired in 2022.

Posted by: Julia Wilburn on May 31, 2024
News Type: Legal News

The Chattanooga Bar Foundation recently announced its class of 2024 Fellows. They are Cathy Dorvil with Chambliss, Bahner & Stophel; Ellie Hill with Patrick, Beard, Schulman & Jacoway; Laura Ketcham with Miller & Martin; Hamilton County Juvenile Court Judge Rob Philyaw; Carrie Brown Stefaniak, law clerk for Judge Curtis L. Collier with the U.S. District Court for the Eastern District of Tennessee; and Kara West, Chapter 13 trustee for the Southern Division of the Eastern District of Tennessee and Chapter 12 trustee for the entire Eastern District of Tennessee. Read more about the new fellows from Chattanoogan.com.

Posted by: Julia Wilburn on May 31, 2024
News Type: Legal News

Tennessee Attorney General Jonathan Skrmetti and Mississippi Attorney General Lynn Fitch on Thursday announced a multi-state lawsuit challenging a new rule recently announced by the U.S. Department of Health and Human Services (HHS) that redefines the Affordable Care Act’s prohibition against discrimination on the basis of sexual orientation and gender identity. Under the new rule, covered entities found to be non-compliant risk losing significant federal funding, including state Medicaid funding designed to assist low-income individuals, as well as exposure to civil liability from private lawsuits. The suit argues that the rule, among other impacts, will require medical providers to perform surgeries and administer hormone drugs without regard for a doctor’s medical judgment. It also argues that HHS overstepped its authority in making the change.


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