TBA Law Blog


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Posted by: Julia Wilburn on Apr 18, 2024
News Type: Legal News

Davidson County Chancellor I’Ashea Myles has asked for more information on copyright law before ruling on whether the Covenant School shooter's writings can be made public. Covenant parents have gained legal ownership of the writings from the shooter’s parents and now hold the copyright. None of the attorneys on the case claim to be copyright experts. Myles said she will write an order outlining specific questions she wants them to address. Only after that will she rule on when, if ever, the writings can be released to the public. The Associated Press has the story.

Posted by: Julia Wilburn on Apr 18, 2024
News Type: Legal News

In an interview on Tuesday, U.S. Department of Health and Human Services (HHS) Office for Civil Rights Director Melanie Fontes Rainer said the agency will "continue to support health care and privacy rights" for Tennesseans who might be affected by HB1895/SB1971. The proposed legislation targets an adult who "recruits, harbors or transports" a pregnant minor for the purposes of receiving an abortion, defined by Tennessee's abortion ban, or for getting abortion medication. The Tennessean reports that while HIPAA-covered entities like health care providers are allowed to share records with law enforcement if asked, they are not required to do so. Rainer said her agency is working to close that permissive gap, with a proposed rule banning HIPAA entities from sharing personal health care records with law enforcement.

Posted by: Julia Wilburn on Apr 18, 2024

Volunteer lawyers are needed for an upcoming expungement clinic in Memphis on May 3. The event will be held in partnership with the Memphis Bar Association Access to Justice Committee, the Young Lawyers Division of the Memphis Bar Association and Shelby County Commissioner Charlie Caswell. Sign up for a shift or view a flyer of the event.

Posted by: Julia Wilburn on Apr 18, 2024
News Type: Upcoming

Joe Ingle, death row prisoner advocate, will discuss his new book, "Too Close to the Flame: With the Condemned Inside the Southern Killing Machine," with retired attorney Keith Simmons at Nashville's Parnassus Books on May 6 at 6:30 p.m. CDT. As an advocate for men and women condemned to death, Ingle says he has seen an unjust legal system that routinely victimizes the marginalized. He has often found himself waiting through the darkest hours as the spiritual advisor and sole companion of those on deathwatch — the brief period of isolation that precedes an execution. The event is free but registration is required.

Posted by: Julia Wilburn on Apr 18, 2024
News Type: Legal News

The Tennessee Trial Court Vacancy Commission will meet on May 21 in Gallatin to consider nine applicants for a circuit court judge vacancy in the 18th Judicial District, which serves Sumner County. The new judicial position was created by the Tennessee General Assembly in March and will take effect Sept. 1. The applicants are Sumner County attorneys Michael Begley, Thomas B. Dean, Keith C. Dennen, Matthew Grosland, Eric Mauldin, Jennifer S. Nichols, Kathryn Strong, William J. Whalen Sr. and Tara A. Wylie. The public hearing will take place at Volunteer State Community College, 1480 Nashville Pk., Gallatin 37066, beginning at 9 a.m. CDT. The commission is expected to vote immediately following the interviews and forward three names to Gov. Bill Lee for his consideration. Read more in a press release from the Administrative Office of the Courts.

Posted by: Julia Wilburn on Apr 18, 2024
News Type: TBA CLE

The annual Entertainment & Sports Law Forum will take place on May 8 at Belmont College of Law and will feature some of the brightest minds in the industry as they break down the latest developments and cutting-edge issues in the entertainment and sports industries. Specific topics will include a session on the Ensuring Likeness Voice and Image Security (ELVIS) Act, a litigation update, an overview of the Corporate Transparency Act, a panel discussion on artificial intelligence (AI) misuse of voice and personal property rights as it relates to voice, and a sports law session.

Posted by: Julia Wilburn on Apr 16, 2024

The Tennessee House and Senate Finance committees have passed the FY2024/25 budget, HB2973/SB2942, which includes $8.6 million in additional recurring funding to increase the hourly rate an additional $10 an hour for court-appointed attorneys representing the indigent. Tennessee’s court-appointed attorneys, who represent indigent citizens who are statutorily and constitutionally entitled to legal counsel, are the lowest paid in the country, and have not had their hourly reimbursement rate raised in 26 years. The TBA has worked hand in hand with the Supreme Court and the Administrative Office of the Courts to encourage the General Assembly to fairly compensate attorneys representing the indigent. During the House Finance, Ways and Means Subcommittee meeting, House Finance Committee Chair Patsy Hazlewood, R-Signal Mountain, stated, “This is a start. It’s not market compensation, but it will allow us, hopefully, to address a problem. It’s very difficult for judges to find attorneys to take these indigent cases, so with additional funding, hopefully we will be able to get more cases through our system and stop the roadblocks.” The next step for the budget is passage by the House and Senate before they adjourn next week.

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

Nashville Chancellor I’Ashea Myles started hearing arguments this week from lawyers hoping to have records related to the mass shooting at The Covenant School released to the public. The hearing, which is expected to last into Wednesday, will determine whether some records are released. The Tennessean reports that the key to the case is whether to apply a state rule exempting records that are part of a "pending or contemplated criminal action" from release. Lawyers on different sides of the case differed on the application of the rule given the current status of the police investigation of the shooting.

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

Memphis Area Legal Services (MALS) is losing its largest source of funding, effective June 30. According to the Daily Memphian, the congressionally funded Legal Services Corporation sent a letter to MALS Board Chair Brian Heim on April 5, stating that MALS had failed to improve operations and had not engaged in best practices to effectively provide legal services. Heim responded to the news saying, “MALS is assessing that funding decision’s impact on our ongoing operations. We are assessing the opportunities to convince LSC to reverse their decision.” The funding — roughly $1.7 million — will be turned over to West Tennessee Legal Services (WTLS), which is based in Jackson. That office is preparing to take over operations July 1.

Posted by: Julia Wilburn on Apr 16, 2024

The Tennessee State Legislature on Monday unanimously passed a bill that would involuntarily commit certain criminal defendants for inpatient treatment and temporarily remove their gun rights if they are ruled incompetent to stand trial due to intellectual disability or mental illness. Named for Belmont University student Jillian Ludwig, who was killed in November after she was hit by a stray bullet while walking near campus in Nashville, "Jillian's Law" requirements would kick in for defendants charged with felonies or class A misdemeanors. The Associated Press reports that the person would remain committed until they are deemed competent to stand trial, or until the court approves a mandatory outpatient treatment plan that accounts for the community’s safety. The bill now heads to Gov. Bill Lee.


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