TBA Law Blog


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

Three Williamson County School Board members and three county commissioners are suing the Tennessee Department of Education, claiming the state is underfunding the school district by roughly $3,000 per student compared to the state average. The lawsuit argues the Tennessee Investment in Student Achievement (TISA) funding formula penalizes wealthier counties with higher fiscal capacity, forcing local governments to shoulder an unfair financial burden. The Williamson Scene reports that some local officials and board members criticized the lawsuit for being filed without broader collaboration or notice, calling it a political stunt. Meanwhile, other state leaders acknowledged the funding challenges and highlighted recent efforts to direct additional resources to high-performing districts like Williamson County.

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

The University of Tennessee (UT) last week conferred an honorary Doctor of Laws degree on Rita Sanders Geier, a civil rights icon. Geier attended Fisk University, then received her master's degree from the University of Chicago and her law degree from Vanderbilt University Law School. Along with four other plaintiffs, Geier filed a class action lawsuit against the state of Tennessee in 1968, arguing that Black students and faculty members were segregated from equal higher education opportunities. The lawsuit brought systemic change to higher education systems across the South, including through the 2001 Geier Consent Decree, which provided $77 million from the state of Tennessee to help diversify institutions and fund scholarships. During the graduation ceremony, Geier urged students to bring change to those around them, saying, "Look to where you can make the greatest impact for the greatest number, for the greatest good, and you will find it. It doesn't have to be held in an office position. It can be as a neighbor that looks out for those next door." UT Chancellor Donde Plowman and Law Dean Lonnie Brown were on hand to present the honor. Knox News has the story.

Posted by: Julia Wilburn on May 19, 2025

Nashville lawyer Laura Kidwell will receive the Tennessee Bar Association’s (TBA) prestigious Justice Joseph W. Henry Award for Outstanding Legal Writing on June 13 during the group's Annual Convention in Franklin. The award, which will be presented at the Lawyers Luncheon, was established more than 40 years ago and is given each year to the lawyer who writes the most outstanding article published in the Tennessee Bar Journal for the preceding year. Kidwell is being honored for her article It Is So Ordered: A Primer on Tennessee’s Final Judgment Rule, which appeared in the March/April 2024 issue of the Journal. Kidwell is a legal consultant for the University of Tennessee (UT) – Municipal Technical Advisory Service where she serves cities and towns in Middle Tennessee. Prior to joining UT last fall, she served at the Office of the Tennessee Attorney General (AG) and Reporter in the Solicitor General’s Office. 

In announcing the selection of Kidwell, TBA President Ed Lanquist Jr. said, “Laura's winning article is exactly what the Joe Henry Award sets out to honor: straightforward and concise writing that explains the legal process of the final judgment rule in civil actions, as well as its exceptions.” The award is named for Joseph W. Henry, a former chief justice of the Tennessee Supreme Court, who was known for his forthright and clear writing. Read more in a press release from the TBA.

Posted by: Julia Wilburn on May 14, 2025
News Type: Legal News

Shelby County voters in 2026 will decide whether to amend the county's charter to change conflict-of-interest language. The Commercial Appeal reports that the ordinance, passed last week by the Shelby County Board of Commissioners, came about after the indictment of Commissioner Edmund Ford Jr. for bribery and tax evasion related to a kickback scheme involving county grants. The current county charter states that no officer or employee of Shelby County, elected or appointed, shall "in any manner whatsoever be interested in or receive any benefit from the profits of or emoluments," as it relates to contracts, jobs or work of the county. The change would make the language more specific, stating in part that no county employee or officer shall "have a direct or indirect interest in any outside contract, job, work or service for the county unless otherwise permitted by applicable state law." It also specifically states no officer or employee of the county may accept any service or item of substantial financial value from any person having dealings with the county.

Posted by: Julia Wilburn on May 13, 2025
News Type: Legal News

A state audit revealed that Tennessee State University (TSU) made repeated financial errors in fiscal year 2023, including overstating cash by $5.7 million and undercharging graduate students by $1.5 million. The report detailed 15 findings related to poor oversight, billing issues and mishandling of federal COVID-19 relief funds, which could require TSU to repay at least $85,000. The Nashville Post reports that TSU management acknowledged the seriousness of the audit and pledged to improve financial governance and staff training. The findings come amid long-standing underfunding of the university and a legislative overhaul of its board of trustees, with TSU proposing a financial stability plan that may include budget cuts and reduced scholarships.

Posted by: Julia Wilburn on May 13, 2025
News Type: Legal News

The U.S. Judicial Conference's Advisory Committee on Evidence Rules on May 2 advanced a proposal to regulate evidence generated by artificial intelligence (AI), aiming to ensure it meets the same reliability standards as expert witness testimony. Reuters reports that the draft rule would require non-expert-generated AI evidence to be scrutinized under Rule 702 of the Federal Rules of Evidence, while exempting basic scientific instruments. Some committee members expressed uncertainty about adopting the rule, but all emphasized the need to act quickly as AI technology evolves. The panel also voted 8-1 to seek public feedback. The proposal now moves to the conference's Committee on Rules of Practice and Procedure, which will decide in June whether to publish the proposal for public comment.

Posted by: Julia Wilburn on May 13, 2025

Tennessee Attorney General (AG) Jonathan Skrmetti on Monday released a statement warning Knoxville-area residents to guard against scammers exploiting the May 10 earthquake that impacted the region. “Unscrupulous scammers find every opportunity to target vulnerable citizens, particularly the elderly,” Skrmetti said. "Always be sure to thoroughly research contractors who offer to work on your home, get multiple quotes and only hire reputable professionals." For guidance on avoiding scams, visit the AG's Consumer Protection website.

Posted by: Julia Wilburn on May 13, 2025
News Type: Legal News

Tennessee death row inmates are urging a Davidson County court to compel the state Department of Correction to disclose the sources of its lethal injection drugs, according to News Channel 5. The group argues the drugs pose serious safety risks, stating, "Every manufacturer of pentobarbital has put in place strict distribution controls to prevent its drugs from being sold to departments of correction for use in executions." Oscar Franklin Smith is scheduled for execution on May 22. The inmates also are seeking a halt to executions until a March 2026 trial on the constitutionality of the state's protocol is held.

Posted by: Julia Wilburn on May 13, 2025
News Type: Legal News

A federal judge in Pennsylvania has ruled that President Donald Trump can invoke the Alien Enemies Act to deport members of Tren de Aragua, a group he labeled a foreign terrorist organization, but must provide proper notice before doing so. The Hill reports that the decision from Judge Stephanie Haines diverges from other rulings — including from a Texas-based federal judge — that have found the law may be used only during formal invasions or wartime. The ACLU is urging the Supreme Court to intervene and resolve the conflict. Haines lifted a previous block on deportations in Western Pennsylvania, allowing the administration to proceed with a 21-day notice in both English and Spanish.

Posted by: Julia Wilburn on May 13, 2025
News Type: Legal News

Criminal charges against four Youth Villages staffers in the 2023 death of 17-year-old Alegend Jones have been dropped following an agreement between the facility and Jones’ family. The staffers had been indicted for facilitation of aggravated child abuse and reckless homicide, but the indictments were rescinded after prosecutors decided not to pursue the case. An autopsy suggested Jones died from complications of a physical restraint, but due to unclear video footage and inconclusive findings, the manner of death was ruled “undetermined.” The Daily Memphian reports that as part of the resolution, Youth Villages will undergo a review by independent experts to assess and improve safety protocols.


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