TBA Law Blog


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Posted by: Julia Wilburn on May 27, 2025
News Type: Legal News

One day after the Department of Justice (DOJ) closed its investigation into the Memphis Police Department (MPD) and possible civil rights violations, Stand for Children Tennessee and the American Civil Liberties Union (ACLU) submitted public records requests for "response to resistance" forms and internal investigation documents created since the DOJ report was released. The groups also are asking for policies that were in effect prior to Tyre Nichols being beaten by police in 2023. Community advocates say that a task force formed in lieu of federal oversight lacks transparency, and that collected data could inform legal action and continued advocacy for police reform. The Commercial Appeal reports that the effort is part of a broader campaign across seven states where DOJ findings were made but no consent decrees were signed.

Posted by: Julia Wilburn on May 27, 2025
News Type: Legal News

Past TBA President and University of Tennessee College of Law (now Winston College of Law) graduate Jim Emison has devoted much of his retirement to finding justice for Elbert Williams, the first known NAACP member to be racially terrorized and slain. In 1939, Williams helped found the Brownsville chapter of the NAACP, which sought to regain voting rights for Haywood County African Americans. The next year, police and one civilian forcibly removed Williams from his home. Williams’ body was pulled out of the Hatchie River three days later with two bullet holes in his chest. Emison says, “Pursuing justice for Williams’ murder has taught me so much. I’m grateful to Vanderbilt because what perhaps is even better than good grades is a yearning to keep learning. My professors certainly instilled that in me.” Read more about Emison's work in this profile in Vanderbilt Magazine. Emison received his undergraduate degree from Vanderbilt.

Posted by: Julia Wilburn on May 27, 2025
News Type: Congressional News

Republican U.S. Rep. Andy Ogles, who represents Tennessee’s 5th Congressional District, held a press conference on Memorial Day to announce that two congressional committees will investigate Nashville Mayor Freddie O’Connell’s response to recent immigration raids in the city. “The Homeland Security and the Judiciary committees will be conducting an investigation into the mayor of Nashville, his conduct and whether or not federal dollars have been used in criminal enterprise,” Ogles said. The Nashville Banner reports that while taking questions from the media, Ogles stated that he believed only citizens are entitled to due process and dismissed a question about raids causing fear in Nashville’s Latino community. About 100 protesters disrupted the event, which was held in the otherwise closed state capitol building, by banging on windows, blowing an air horn and chanting opposition to Ogles and U.S. Immigration and Customs Enforcement (ICE).

Posted by: Julia Wilburn on May 27, 2025
News Type: Legal News

U.S. District Judge John Bates in Washington, D.C., on Friday permanently blocked President Donald Trump’s executive order targeting law firm Jenner & Block, ruling it an unconstitutional abuse of the president’s power, according to Bloomberg News. The firm sued the administration on March 28 in response to a March 25 executive order that sanctioned the firm for its pro bono work and ties to Special Counsel Robert Mueller and his investigation into Russian interference into the 2016 election. Bates initially imposed a temporary halt on the order. In Friday's ruling, he said, “This order, like the others, seeks to chill legal representation the administration doesn’t like, thereby insulating the Executive Branch from the judicial check fundamental to the separation of powers.” In a second case,  U.S. District Judge Richard Leon today ruled in favor of WilmerHale’s request to strike down a similar executive order targeting it from March 27. Leon also found that order unconstitutional and granted summary judgement to the firm in lieu of proceeding to a full trial.

Posted by: Julia Wilburn on May 27, 2025
News Type: Legal News

Knox County Criminal Court Judge Steve Sword on May 21 dismissed the attempted murder convictions against Ahmad Gatlin, who had been sentenced to 31 years in prison when he was a teenager. Now 20, Gatlin will be granted a new trial due to recently discovered cell phone data that corroborates his claim that he was across town when the crime was committed. Knox News reports that Gatlin was convicted in 2023 after police and prosecutors argued he was in a car when shots were fired into another car near Austin-East Magnet High School in 2021. Knoxville defense attorney Stephen Ross Johnson helped Gatlin's defense team with the challenge and says he is now formally joining the team to represent Gatlin pro bono should the state seek a new trial. According to WBIR, law students from the Wrongful Convictions Clinic at the University of Tennessee Winston College of Law also joined the defense team. Director of Clinical Programs and Associate Professor of Law Joy Radice said, “Lawyers representing the poor whose life or liberty are at stake in a criminal case are overworked, chronically underfunded, and often unable to research and obtain critical and effective expert assistance to meet the awesome power of the state or federal government. I am honored that the [clinic] could be a part of helping to fill that gap in Ahmad’s case, as [it] has for over 75 years for so many others."

Posted by: Julia Wilburn on May 23, 2025
News Type: TBA CLE

Mark your calendars for June 25 for the Dispute Resolution Section's Arbitration & Independent Legal Research webcast. Gail Vaughn Ashworth and Christopher Sabis will present this one hour CLE beginning at 11 a.m. CDT. Get more information and register here.

Posted by: Julia Wilburn on May 20, 2025
News Type: Legal News

Vanderbilt University Law School Dean Chris Guthrie recently announced that Michelle Parsons has been named the school's next assistant dean for career services. Parsons will assume the role from Elizabeth Workman, who is retiring this summer. Parsons has most recently served as director of outreach in the Office of Career Services. “I am eager to work alongside our talented students, faculty, staff and alumni to strengthen our ties with employers nationwide and ensure our graduates continue to thrive,” Parsons said of her new role. Trained as a lawyer, Parsons served in legal recruiting positions at Holland & Knight, Clear Diligence and Waller. She also worked on the admissions team at Belmont University’s College of Law earlier in her career. Read more in a press release from the law school.

Posted by: Julia Wilburn on May 20, 2025
News Type: BPR Actions

The Tennessee Supreme Court permanently disbarred Davidson County lawyer James Daniel Marshall from the practice of law on May 20. The court also ordered Marshall to pay $2,000 in restitution to a former client and return all property taken from her within 30 days. The court took the action based on two complaints. The court found that Marshall failed to communicate with his clients, respond to multiple motions filed against his clients, comply with a court order requiring response, submit timely discovery responses, preserve client property, participate in court-scheduled conference calls, move his clients’ cases forward, and respond to disciplinary investigations. He also was found to have caused a client's lawsuit to be dismissed with prejudice. According to the court, Marshall's actions violated Tennessee Rules of Professional Conduct 1.1, 1.2, 1.3, 1.4, 1.15, 3.2, 3.4, 8.1, and 8.4(a), (b), (c), (d) and (g).

Posted by: Julia Wilburn on May 20, 2025
News Type: Legal News

Out of the 20 law firms that received letters in March from the U.S. Equal Employment Opportunity Commission (EEOC) requesting information about their diversity, equity and inclusion (DEI) related employment practices, six have resolved those probes with pro bono deals, the ABA Journal reports. According to the publication, the firms agreed to provide pro bono services to causes jointly supported by the firms and the administration, after which the EEOC's letters were withdrawn. Earlier this month, three law students filed a federal lawsuit to compel the EEOC to withdraw the letters, citing data privacy concerns.

Posted by: Julia Wilburn on May 20, 2025
News Type: Legal News

Gov. Bill Lee on May 9 signed the "Protecting Everyone Against Crime and Extremism Act," or PEACE Act, aimed at curbing hate group activity and intimidation. Prompted by recent neo-Nazi marches and antisemitic incidents, WBIR reports, the law makes it a Class A misdemeanor to litter or trespass with intent to intimidate, including leaving unsolicited flyers without permission. It also enforces stricter rules for interactions with law enforcement, such as requiring individuals to identify themselves or step back from active crime scenes when ordered. Additional provisions ban riding in box trucks and hanging items over highways without permission, raising concerns among some about potential conflicts with free speech protections.


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