TBA Law Blog


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Posted by: Julia Wilburn on Aug 11, 2023

Gov. Bill Lee's decision to focus a special legislative session on new and stricter penalties for children and teens within Tennessee's juvenile justice system has sparked criticism from juvenile judges and youth advocates, the Tennessee Lookout reports. The plan, which could send kids to adult courts and prisons and limit confidentiality of juvenile records, does not address the root causes of violence such as occurred at the Covenant School, critics say. They also note that youth crime in the state has declined significantly.

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

Vanderbilt University Medical Center (VUMC) is currently under federal investigation by the U.S. Department of Health and Human Services for turning over the medical records of transgender patients to Tennessee's attorney general. The investigation follows lawsuits filed by two patients who claimed their records were shared without consent. The Associated Press reports that VUMC has faced criticism for delays in notifying affected patients and for the release of private information, further fueling concerns amid the state's legislative actions targeting transgender care. 

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

Tennessee is grappling with a severe stolen guns epidemic, with a staggering rise in firearms taken from cars, resulting in heightened concerns about public safety. A law enacted to deter gun theft by imposing tougher penalties is facing criticism due to its limited effectiveness in the court system. The Tennessean reports that, despite the legislation's intention to curb crime, many felony gun theft charges have been dropped, highlighting challenges in proving these cases and a lack of witnesses. As lawmakers seek solutions, proposals for penalties against gun owners who leave firearms in cars have sparked debates over a balance between accountability and victimization.

Posted by: Julia Wilburn on Aug 11, 2023
News Type: U.S. Supreme Court

The U.S. Supreme Court has temporarily halted a bankruptcy arrangement for Purdue Pharma, the manufacturer of OxyContin, which sought to shield the Sackler family from further lawsuits related to the opioid epidemic. This decision, likely to delay compensation to opioid crisis victims, follows an objection by the Justice Department. The deal was set to offer the Sacklers immunity from civil legal disputes in exchange for a significant payout. The Supreme Court's decision to hear the case in December could have broad implications for similar mass tort cases resolved through bankruptcy courts. The New York Times has the story.

Posted by: Julia Wilburn on Aug 11, 2023

Gov. Bill Lee's proposal to temporarily restrict gun access for those deemed a danger won't be addressed in the upcoming special session responding to the Covenant School shooting. Axios Nashville reports that Lt. Gov. Randy McNally, R-Oak Ridge, cited lack of conservative support as the reason. Although not on the current agenda, the possibility remains open for lawmakers to introduce and discuss the measure during the session.

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

In Memphis, Central High School educators Roland Wilson and Mary McIntosh are two of six plaintiffs taking a stand against Tennessee's "prohibited concepts" law. The law, enacted in 2021 amid debates around teaching critical race theory, restricts discussions on race and gender in classrooms. Wilson, a choir director known for his innovative teaching of African American spirituals, and McIntosh, a history teacher, argue that the law impedes their ability to provide a comprehensive understanding of American history. The Daily Memphian has the story.

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

The Tennessee Supreme Court is unfamiliar territory for most lawyers and success in this court requires not only thorough preparation but mastery of oral and written advocacy as well. This boot camp allows lawyers to observe oral arguments in real cases being presented to the court, followed by analysis and discussion on preparation, tips and considerations for deciding to seek review in the TSC. Join your colleagues in Nashville Oct. 4 from 9 a.m.-4:30 p.m. CDT and earn one dual and 3.75 general credits.

Posted by: Laura Labenberg & Julia Wilburn on Aug 11, 2023
News Type: TBA CLE

What happens when a client sorta, kinda lies? Is it really even a lie? And what’s a lawyer to do about it? Well, it depends. Is it in a tribunal or a negotiation? Is it a statement of fact or law? Stuart Teicher, the CLE Performer, is going to try to help you keep your head afloat by explaining it all. Topics include: a deep dive into Rule 3.3, an even deeper dive into Rule 3.3’s Comment [10] and a shallow swim around Rule 1.0(m) and the definition of a tribunal — discussion of Rule 4.1. Join your colleagues for this webcast on Oct. 12 from 9-10 a.m. CDT and earn one dual CLE credit.

Posted by: Julia Wilburn on Aug 11, 2023

Join members of the TBA Attorney Well Being Committee for a live interactive roundtable for law students and young lawyers on how best to manage work-life balance as a legal professional. This 45-minute Zoom event on March 28 at 12:30 p.m. CDT will feature seasoned lawyers discussing their day-to-day practice, and provide effective tools for personal well-being. The event is free and open to all currently enrolled law students and TBA members but registration is required. Questions and feedback are encouraged for this interactive roundtable. Submit questions in advance to jword@tnbar.org.

Posted by: Julia Wilburn on Aug 2, 2023
News Type: Legal News

Hamilton County District Attorney Coty Wamp says that the county's opioid epidemic is her top priority, and she will hire a chief opioid prosecutor, a new item specified in the county’s budget effective July 1. The chief opioid prosecutor is the newest category of chief prosecutors since Wamp took office last September. The Chattanoogan reports that a Tennessee statute allows a person who sells or delivers illegal drugs to be charged with second-degree murder if the drugs result in death. But Wamp said the connection is very difficult to prove, usually requiring an eyewitness or cell phone records. A dedicated prosecutor with experience can follow that thread, she said.


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