TBA Law Blog


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Posted by: Julia Wilburn on Aug 18, 2023
News Type: Legal News

The city of Memphis plans to appeal a court ruling by Judge Gina Higgins, which allowed a group of plaintiffs to bring a class action lawsuit against the city for failure to test over 12,000 rape kits. The Commercial Appeal reports that the city's attorneys point to a separate case involving Alicia Franklin as a basis for their appeal. Franklin had filed a lawsuit against the city, alleging inadequate investigation by the Memphis Police Department, and while her case was dismissed, the city argues that the conflicting rulings highlight the need for a uniform legal approach. The city is seeking to pause the rape kit case while an appeal is pending.

Posted by: Julia Wilburn on Aug 18, 2023
News Type: Legal News

A recent piece in the Nashville Business Journal looks at some of the issues clients are concerned about in interviews with three local attorneys. Former TBA Executive Director Joycelyn Stevenson tells the journal that attorneys in Littler’s Nashville office are handling a number of employment concerns, including public image, budgets and employment verification compliance. Todd Rolapp with Bass Berry & Sims says his firm focuses on helping clients anticipate what rulings, regulations or financial developments are on the horizon so they can prepare for an appropriate response. Finally, DarKenya Waller, executive director of the Legal Aid Society of Middle Tennessee and the Cumberlands, says some of the greatest needs of their clients are housing, healthcare and a living wage.

Posted by: Julia Wilburn on Aug 18, 2023
News Type: Legal News

The Biden administration has extended and expanded temporary protected status (TPS) for Ukrainians already in the United States, citing the ongoing Russian military invasion and resulting humanitarian crisis in Ukraine. According to The Hill, the expansion will make around 166,700 more individuals eligible for TPS, and an additional 26,000 beneficiaries will retain their TPS through April 2025. The extension, which was set to expire on Oct. 19, has been lengthened by 18 months due to the ongoing conflict and displacement of millions of Ukrainians.

Posted by: Julia Wilburn on Aug 18, 2023

Tennessee’s Black Caucus is urging Tennessee State University’s (TSU) President Glenda Glover to remain at the helm of the university through 2025 to provide stability, saying she has been “unfairly targeted” by Republican lawmakers. The Tennessee Lookout reports that Rep. Sam McKenzie, D-Knoxville, and the chair of the caucus, says Glover’s announcement that she will retire from TSU in June 2024 “seems rushed,” coming on the heels of an uproar over a campus housing crunch that triggered a comptroller’s audit.

Posted by: Julia Wilburn on Aug 18, 2023
News Type: Legal News

Metro Nashville and homeless outreach advocates are criticizing the Tennessee Department of Transportation (TDOT) for clearing out multiple encampments on state property without offering resources, including housing. They also claim the sweep has created new encampments and more problems for people experiencing homelessness. WKRN reports that a TDOT spokesperson said the agency is not clearing out encampments but attempting to maintain their property after receiving complaints about safety and cleanliness from taxpayers and first responders.

Posted by: Julia Wilburn on Aug 18, 2023
News Type: TBA CLE

This year's Hot Topics in Real Estate will take place virtually, allowing attendees to learn from the comfort of their home or office. The program, produced in cooperation with the Tennessee Land Title Association, is a staple for Tennessee dirt lawyers, designed to keep attorneys on the cutting edge of developments in this practice area. More information coming soon!

Posted by: Julia Wilburn on Aug 11, 2023
News Type: Legal News

Former Tennessee state Sen. Brian Kelsey, R-Germantown, has been sentenced to 21 months in prison for campaign finance violations after pleading guilty to felonies related to illegal campaign funding maneuvers, the Tennessean reports. Kelsey's attempt to retract his guilty plea and claims of innocence earlier this year were unsuccessful, leading to a longer sentence recommendation from prosecutors. The case revolved around improper movement of campaign funds through political action committees to support his unsuccessful congressional campaign, with prosecutors highlighting his misuse of funds and betrayal of public trust. 

Posted by: Julia Wilburn on Aug 11, 2023
News Type: Legal News

U.S. Magistrate Judge Andrew M. Edison of the Southern District of Texas delves into the intriguing matter of legal language in a recent opinion, addressing the perplexing question of whether it should be "attorney fees," "attorneys fees," "attorney's fees" or "attorneys' fees." The issue has caused confusion in federal statutes, rules and cases, with different forms being used interchangeably. Edison references the U.S. Supreme Court's style guide, the insights of legal experts like Bryan A. Garner, and the ABA Journal's own style, ultimately settling on the use of "attorney's fees" when one lawyer requests fees and "attorneys' fees" when multiple lawyers are involved. The ABA has more on this vexing conundrum.

Posted by: Julia Wilburn on Aug 11, 2023

Retired Coffee County Circuit Court Judge Vanessa Jackson was recently named by the Tennessee Supreme Court as the first female senior judge. The Tullahoma News reports that Jackson is one of seven senior judges, each having held an elected judicial position to qualify for the appointment. A senior judge presides over cases when judges have recused themselves, have an extended illness or face an extra heavy caseload.

Posted by: Julia Wilburn on Aug 11, 2023
News Type: Legal News

A legal battle has erupted in the East Tennessee community of Lone Mountain Shores in New Tazewell, pitting neighbors against each other over whether vacation rentals like Airbnb should be allowed in their residential area. The community's homeowners association (HOA) board initiated a lawsuit against homeowners who rented their properties to vacationers, resulting in countersuits and personal accusations. Knoxville News Sentinel reports that the dispute highlights differing perspectives on the impact of renters, with anti-renters expressing concerns about disturbances and property damage, while pro-renters have emphasized the positive aspects of tourism. The legal challenge raises questions about HOA authority and could set a precedent for short-term rental regulations.


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