TBA Law Blog


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Posted by: Julia Wilburn on Apr 27, 2023
News Type: Passages

Prominent Nashville attorney Ward DeWitt Jr. died Tuesday at age 97. A Nashville native, he entered the Navy's V-12 program for officer training at Tulane University in 1943, and was later training for the invasion of Japan when the Japanese surrendered in August 1945. After the war, he remained in the Navy and in July 1946 witnessed test explosions of two atomic bombs at Bikini Island in the Pacific. After leaving the Navy, DeWitt returned to Nashville, graduating from Vanderbilt University in 1948 and Vanderbilt Law School in 1951. He was a partner in the firm of Trabue, Minick, Sturdivant and Harbison, which became Trabue, Sturdivant and DeWitt, and later merged with Miller and Martin. DeWitt also served a term in the Tennessee House of Representatives from 1955-1956. A memorial service will be held at Westminster Presbyterian Church, 3900 West End Ave., Nashville, this Saturday at 1 p.m. CDT. Visitation is from 11:30 a.m. to 1 p.m. Memorial contributions can be made to Westminster Presbyterian Church.

Posted by: Julia Wilburn on Apr 27, 2023
News Type: Passages

Memphis attorney Brenda Oats-Williams died April 24. She graduated from the University of Tennessee at Martin in 1994 and the University of Memphis Cecil C. Humphreys School of Law in 1997. She worked at Memphis Area Legal Services and in private practice focusing on consumer protection and landlord tenant law. She was co-owner of the Lady Lawyers Law Firm in downtown Memphis. Funeral services will be held Saturday at 10 a.m. CDT at Greater Middle Baptist Church, 4982 Knight Arnold Rd., Memphis 38118. Visitation will begin at 9 a.m. at the church.

Posted by: Julia Wilburn on Apr 27, 2023
News Type: U.S. Supreme Court

The Tennessean reports that three U.S. Supreme Court justices penned a dissent on Monday after the court declined to hear the case of Kevin B. Burns, a Tennessee man who was convicted of murder and is currently awaiting execution. Burns argued that counsel at his 1995 trial and sentencing were ineffective and that they failed to introduce key facts and challenge the state’s narrative that Burns himself pulled the trigger of the gun that killed two men.

Posted by: Julia Wilburn on Apr 27, 2023

The Justice Department on Wednesday filed a lawsuit challenging Tennessee’s new law that bans transgender youth from receiving gender-affirming care. According to the Associated Press, the federal government is seeking to invalidate the statute because “no person should be denied access to necessary medical care just because of their transgender status,” Assistant U.S. Attorney General Kristen Clarke said in a statement. The DOJ said the law violates the Constitution’s equal protection clause by discriminating on the basis of both sex and transgender status. The federal lawsuit comes after Clarke sent a letter to all state attorneys general last month warning them that federal law protects transgender youth against discrimination. The Justice Department also intervened last year in a lawsuit challenging a similar ban on transgender medical care for young people.

Posted by: Julia Wilburn on Apr 27, 2023
News Type: Politics

The Tennessee Lookout reports that special elections to fill three seats in the Tennessee Legislature could cost taxpayers up to $570,000 after the resignation of Rep. Scotty Campbell, R-Mountain City, and the expulsion of Rep. Justin Jones, D-Nashville, and Justin J. Person, D-Memphis. The Metro Council and Shelby County Commission voted to reappoint Jones and Pearson respectively, just days after their expulsion, but a special election must be held to fill all three seats because the two-year terms have more than a year remaining.

Posted by: Julia Wilburn on Apr 27, 2023
News Type: Legal News

The American Bar Association (ABA) published the 2023 ABA Survey of Civic Literacy, which is released annually to mark Law Day, observed on May 1. The survey finds that social media and the media generally are to blame for the nation’s growing incivility. The survey also asks what issues respondents would be willing to compromise on and how much they know about how American government works.

Posted by: Julia Wilburn on Apr 27, 2023
News Type: Legal News

The American Bar Association (ABA) Tort Trial and Insurance Practice Section announced today that it will honor Nashville attorney Sam H. Poteet with the James K. Carroll Leadership Award on May 4. The award recognizes an attorney or judge who has demonstrated leadership qualities in service to the section. Poteet is a principal at Manier & Herod.

Posted by: Julia Wilburn on Apr 21, 2023
News Type: Legal News

The American Bar Association (ABA) today told 1.5 million lawyers and others who had accounts on its website that their login information may have been stolen, Reuters reports. ABA said in an update on its website and email notices that an unauthorized third party penetrated its network last month and took usernames and passwords for online accounts used to access an old ABA website and its career center before 2018. A spokesperson said that no other information was taken, and there is "no indication" the information has been misused.

Posted by: Julia Wilburn on Apr 21, 2023

The Tennessean reports that Democrats in the state legislature are calling for a special session on gun reform as time appears to be running out for consideration of Gov. Bill Lee's proposed order of protection law as well as gun safety measures proposed by others. Democratic Reps. Bob Freeman and Justin Jones, both of Nashville, called for Lee to bring lawmakers back for a special soon. Meanwhile, Republican Caucus Chair Jeremy Faison, R-Cosby, said lawmakers aren't able to "get their minds around at 15-page bill" before session end, which legislators hope will happen today. Faison said he has encouraged the governor to spend a few weeks in conversation with affected groups and then call a session.

Posted by: Julia Wilburn on Apr 21, 2023

Both the state Senate and House have approved a bill fighting surprise fees that are tacked onto concert and sports tickets at checkout. A spokesperson for Gov. Bill Lee tells Axios the governor intends to sign it into law. The bill requires ticket vendors to show the base price of a ticket and the total price with fees and taxes included before asking for payment. It also bans sellers from using misleading websites to convince customers they are an official or approved source for tickets. Legislators were inspired to take action after the recent Taylor Swift concert ticket debacle, resulting in at least one lawsuit against Ticketmaster. That incident triggered bipartisan condemnation and a broader examination of ticket sales in the concert industry.


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