TBA Law Blog


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Posted by: Julia Wilburn on May 7, 2024
News Type: Legal News

The Shelby County Criminal Justice Center was found to have "deficiencies" in two inspections over the last six years conducted by the Tennessee Corrections Institute. Action News 5 reports that inspectors noted noticeable deterioration of the facility and buildings with outdated doors, locks, showers and security systems. Inspectors also repeatedly noted the need for more staff. In a 2019 inspection report, the inspector stated the building was outdated, more signs of wear were seen than before and the maintenance department could not keep up because there were so many issues.

Posted by: Julia Wilburn on May 7, 2024
News Type: Legal News

Gov. Bill Lee toured the Birthplace of Country Music Museum in Bristol while celebrating a new law meant to protect the state’s musicians. WJHL reports that Lee said places like the museum embody why the law is important. Lee and his wife Maria were given a quick tour of the museum on their visit. Both were shown and listened to how technology was used to document the rich musical heritage of the region. “It’s a reminder to us, part of what made Bristol the city that it is and what made Tennessee the state of music that it is, are the artists themselves,” Lee said. The ELVIS Act is the first-in-the-nation law that seeks to block the use of artificial intelligence to copy a performer’s voice without legal permission. Lee signed the bill into law in March.

Posted by: Julia Wilburn on May 7, 2024

The May/June Tennessee Bar Journal, the annual Access to Justice (ATJ) focused issue, is now available online and arriving in mailboxes this week! 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 7, 2024
News Type: Legal News

A new federal rule would close what many have termed the "gun show loophole," but a lawsuit filed by a coalition of 21 state attorneys general, including Tennessee's Attorney General Jonathan Skrmetti, could overturn it. The Daily Memphian reports that the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) announced its “Final Rule 2022R-17F” in April, which is due to take effect later this month. It essentially updates the definition of a firearms dealer to ensure that almost all such sellers must have a federal firearms license, and therefore conduct background checks on all gun buyers. ATF officials stated that the new rule does not apply to certain sellers — such as someone who sells a gun to a family member or a person who engages in occasional sales as a hobbyist — but the lawsuit from the attorneys general disputes that claim. Skrmetti says the law places too heavy a regulatory burden on individuals “who occasionally sell or trade a firearm.”

Posted by: Julia Wilburn on May 7, 2024
News Type: Legal News

Hamilton County District Attorney Coty Wamp has filed a petition to remove Shelby County Clerk Wanda Halbert after an almost 10-months-long investigation. The Commercial Appeal reports that the filing lists incorrect financial reporting, strains on auto dealers in the county, comptroller deficiencies and Halbert's absence from the May 1 Shelby County Commission meeting where she was supposed to present her corrective action plan as reasons for the petition. The petition does not officially remove Halbert from office, but it requests that she be suspended of her official capacity as county clerk.

Posted by: Julia Wilburn on May 7, 2024

Today's theme for Well-Being Week in Law is "Align," designed to cultivate a sense of meaning and purpose in work and life. This is accomplished by aligning one's work and life with values, goals and interests. Need some practical ways to implement this? Do five new things that positively impact or improve the welfare of work colleagues or clients. Choose things outside your normal work routine, and do them all in one day. Research says you’ll get a boost in your work’s meaningfulness. Get other suggestions for implementing today's goals and inspire others by posting about your efforts with the hashtag #WellbeingWeekInLaw. Stay tuned for more well-being tips and resources throughout this week.

Posted by: Julia Wilburn on May 3, 2024
News Type: Legal News

The 150th Kentucky Derby, running this weekend in Louisville, will take place without the participation of Muth, a horse that many contend is the fastest in this year's field of three-year-olds. Muth's trainer is Bob Baffert, who also worked with 2021 Kentucky Derby winner Medina Spirit, who failed a post-race drug test for steroids. Baffert was subsequently disqualified and given a two year suspension, which was later extended through the end of 2024, from competing at Churchill Downs. The ABA Journal reports that Zedan Racing Stables, which owns Muth, sued Churchill Downs seeking emergency injunctive relief to let Muth race in Saturday's contest. A local court rejected the bid. Churchill Downs applauded the decision, saying the court stopped Zedan from litigating its way into the Derby "at the expense of other owners and trainers who played by the rules."

Posted by: Julia Wilburn on May 3, 2024
News Type: Legal News

Tennessee Attorney General Jonathan Skrmetti has joined a coalition of 21 states in a lawsuit opposing a new rule from The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) that would prevent the private sale of firearms. Under the rule, hobbyists who sell firearms to family members, or a hunter who trades a firearm with a friend, could be convicted of a felony, the lawsuit claims.

Posted by: Julia Wilburn on May 3, 2024
News Type: Legal News

A three-judge panel of the 6th Circuit Court of Appeals heard arguments on Thursday over a decades-old Tennessee policy that does not allow transgender people to change the sex designation on their birth certificates, reports the Associated Press. Four transgender Tennesseans first filed the lawsuit in 2019, claiming that the policy is unconstitutional and "subjects transgender people to discrimination, harassment and even violence when they have to produce a birth certificate for identification that clashes with their gender identity." U.S. District Judge Eli Richardson had dismissed the case last year, saying that the term "sex" has a very narrow and specific meaning for the purpose of birth certificates in Tennessee: "external genitalia at the time of birth."

Posted by: Julia Wilburn on May 3, 2024
News Type: Election 2024

The Davidson County Election Commission on Thursday rejected a challenge from Laura Nelson, R-Nashville, to Democratic Rep. Justin Jones’ qualification for the ballot in his bid for reelection. The Nashville Banner reports that Nelson alleged that several of Jones’ petition signatures were not valid. The GOP-controlled commission, after a hearing of more than two hours, decided to accept the signatures. State law requires 25 valid signatures to qualify for the ballot. Jones turned in 26, of which 25 were deemed valid.


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