TBA Law Blog


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Posted by: Julia Wilburn on Jan 5, 2024
News Type: BPR Actions

Hamilton County lawyer Charles Gammons Wright Jr. has received a public censure from the Tennessee Supreme Court. Wright agreed to represent his client in pursuing a civil claim but delayed in taking action in the matter and failed to pursue his client’s legal objectives. Additionally, Wright failed to communicate with his client throughout the representation. The court found that Wright violated Rules of Professional Conduct 1.3, 1.4, 3.2 and 8.4(d).

Posted by: Julia Wilburn on Jan 5, 2024
News Type: Legal News

The Metro Nashville Police Department (MNPD) Thursday announced that 10 officers would be reassigned following an investigation into a leak of the Covenant School shooter's writings. The Tennessean reports that those officers — who are not named by MNPD — will be reassigned next month from the specialized investigative unit to unnamed positions within the department. All 10 of the officers were questioned during an internal investigation of the leaks; seven were placed on administrative leave and four returned to duty Nov. 17. MNPD announced in December that it was unable to identify who leaked images of the shooter's writings to a radio host, who later shared them publicly.

Posted by: Julia Wilburn on Jan 5, 2024
News Type: Politics

The city of Selmer has elected its first Black woman alderman, WBBJ reports. LaShell Moore, a teacher in McNairy County Schools and a community leader, was sworn in Thursday. According to Moore, one of her goals is to unify the board so the town can thrive and grow. “Being the first African-American woman means a lot not only for me but also for women that will come after me. I am hoping that this will open the door for other women, not only women of color, but for women in general that want to serve in this capacity,” she said.

Posted by: Julia Wilburn on Jan 5, 2024
News Type: Politics

Gov. Bill Lee was elected in early December to serve as the chair of the Republican Governors Association. He will assume the position immediately and serve for a one year. In addition, Lee has been elected by fellow Appalachian governors to serve as co-chair of the Appalachian Regional Commission's (ARC) Federal-State Partnership. According to the Tennessee Journal, in this role, Lee will represent the 13 states in ARC's region and work with co-chair Gayle Manchin (wife of U.S. Sen. Joe Manchin, D-West Virginia) who will represent federal interests for the group. The partnership focuses on investments for economic and community growth across the member states' 423 counties. ARC provides grants, publishes research and sponsors learning experiences.

Posted by: Julia Wilburn on Jan 5, 2024
News Type: TBA CLE

Tax law and sports law will intersect at this TBA CLE covering the tax implications of the NCAA's new policy on name, image and likeness (NIL) activities. If college athletes can earn income on NIL deals, what does that mean for the tax obligations of all involved? Join E. Michael Brezina, a Knoxville attorney and law professor who also co-founded Next Level Athletics and Varsity Sports Group, for this fascinating discussion. The program will be held live in person on Feb. 1 in Knoxville at Tennessee Tax Law and livestreamed to Nashville at Lewis Thomason and Chattanooga at Olsen Law Firm.

Posted by: Julia Wilburn on Jan 2, 2024

The January/February issue of the Tennessee Bar Journal is now available online and arriving in mailboxes soon! 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!

Posted by: Julia Wilburn on Dec 29, 2023
News Type: Legal News

A former town manager and a resident are the latest people to file complaints against Smyrna Town Manager Brian Hercules. The former manager alleges that Hercules has an "angry and domineering leadership style" and the resident's complaint states that Hercules was "unprofessional and condescending" in a phone call. Attorneys representing Town Court Judge Brittany Stevens in October sent a letter to the Town Council requesting an independent investigation of Hercules. The letter accuses Hercules of intimidation and retaliation against the judge for standing up to him about how she manages her court staff. In addition to the judge's complaints, elected Smyrna Town Court Clerk Lisa Brewer in November emailed a complaint to Mayor Mary Esther Reed accusing Hercules and Assistant Town Manager Todd Spearman of "bullying and belittling behaviors." Hercules has requested an independent review of the allegations. The Murfreesboro Daily News Journal has the full story.

Posted by: Julia Wilburn on Dec 29, 2023

During the 2023 legislative session, the Tennessee General Assembly passed several bills aimed at reducing local control of three Nashville boards, including the Nashville Airport Authority, the Nashville Sports Authority and the Music City Center. A fourth bill was passed that reduced the Metro Council to 20 members. According to reporting by the Tennessean, the city challenged all of these bills in court, spending, as of Dec. 12, $682,949 in out-of-pocket costs. Metro Legal Director Wally Dietz says that amount includes costs for outside counsel and expert witnesses brought on to help with the cases, filing fees and court reporters. That number does not include the 1,645 hours the legal department’s attorneys say they have spent on the cases as of Dec. 27. The state attorney general's office defended the legislature in the suits. It says it spent $2,096.08 for court reporters, transcripts and filing fees for the four suits, but does not track the value of staff attorneys' time.

Posted by: Julia Wilburn on Dec 29, 2023
News Type: Legal News

The University of Tennessee (UT) College of Law hosted the National Moot Court Region VII Competition in November. Tennessee Supreme Court Justice Dwight Tarwater, Tennessee Court of Appeals Judge Kristi Davis and Judge Cindy Wyrick of the U.S. District Court, Eastern District of Tennessee presided over the final round of the competition, which was held at the Tennessee Supreme Court. UT Law’s National Moot Court team, comprised of Emma Fowler, Luke Norton and Tyler Raper, qualified for the single elimination rounds of the Region VII competition. After winning in the quarter-final round, the team lost in the semi-final round. On Friday evening following the first day of competition, the college hosted a banquet celebrating 70 years of National Moot Court excellence at UT Law. See photos from the event.

Posted by: Julia Wilburn on Dec 29, 2023
News Type: Legal News

The University of Tennessee (UT) College of Law's Legal Clinic welcomed Tyler Dougherty as its first teaching fellow this fall. Fellowship programs not only prepare practicing attorneys to teach law, they also increase the clinic’s capacity to enroll student attorneys, take on more cases and provide legal services to the community. In August, Dougherty began teaching in the Advocacy Clinic, supervising students in juvenile, criminal and rights restoration cases. Through the UT Legal Clinic, law students gain real-world legal experience by working directly in the community representing clients in criminal, juvenile and civil cases; petitioning for orders of protection; creating businesses and nonprofit organizations; expunging charges and mediating disputes. Read more about the fellowship program.


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