TBA Law Blog


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Posted by: Julia Wilburn on Oct 24, 2024
News Type: TBA CLE

The TBA is partnering with the Tennessee Urban Forestry Council (TUFC) to host a half-day forum focused on urban forestry and legal issues affecting municipal governance and sustainability. The "Trees and the Law" event kicks off the TUFC's annual meeting, which will highlight how individuals, organizations and municipalities are engaging to make an impact in communities. Join colleagues on Nov. 13 at noon CST at the Scarritt Bennett Center in Nashville. Get session information and register here. Members of the TBA Environmental Law Section enjoy discounted registration. Not a section member? Join here.

Posted by: Julia Wilburn on Oct 18, 2024
News Type: Legal News

A three-judge panel, made up of Nashville Chancellor Patricia Head Moskal, 10th Judicial District Judge Sandra Donaghy and 25th Judicial District Chancellor Kasey Culbreath, on Thursday issued a ruling specifying certain conditions that fall under an exception for medical emergencies in Tennessee's law prohibiting abortion, reports the Tennessean. The ruling also blocks the state from taking disciplinary action against physicians for performing medically necessary abortions covered by the exceptions, which include previable preterm premature rupture of membranes and fatal fetal diagnoses that lead to maternal health conditions. The panel heard arguments in April on whether to issue the temporary injunction blocking the state's abortion ban for women who are suffering severe pregnancy complications or facing cases of lethal fetal conditions.

Posted by: Julia Wilburn on Oct 17, 2024
News Type: Legal News

Davidson County Chancellor Patricia Head Moskal last week ruled that the city of Forest Hills could change the names of Confederate-themed streets, overruling the state's Historical Commission, which said the names were protected under the Heritage Protection Act, which specifically seeks to preserve Civil War-era monuments. The Tennessee Lookout reports that attorneys for the city have long argued the act should not apply to streets within subdivisions that were built on private property by private developers who constructed and named roads before they were formally recognized and adopted as public streets. State attorneys argued that the language of the act does not address this issue, and that the act requires that any street with a historic name that is now a public street remains subject to the law.

Posted by: Julia Wilburn on Oct 17, 2024
News Type: Legal News

The Tennessee Innocence Project (TIP) recently announced that Lead Counsel and Executive Director Jessica Van Dyke will transition into the role of legal director. Jason Gichner has been appointed as the new executive director, effective Oct. 14. “I am honored to step into this role and continue building on the foundation that Jessica has laid,” says Gichner, who has served as deputy director since 2019. Chief Operating Officer Becca Morris states, “Jason’s deep commitment to justice and our cause makes this transition an exciting new chapter for TIP as we continue our fight for the exoneration of the wrongfully convicted.” Read more in a press release from the organization.

Posted by: Julia Wilburn on Oct 16, 2024
News Type: Legal News

Knox County Assistant District Attorney Robert DeBusk resigned Tuesday following allegations that he lied under oath about violating attorney-client privilege by accessing protected communications between inmates and their defense attorneys. DeBusk was suspended after questions arose about his improper access to an email and a recorded voicemail from jail inmates to their attorneys, raising concerns about his handling of privileged information. Knox News has the story.

Posted by: Julia Wilburn on Oct 16, 2024
News Type: Legal News

The Southern Environmental Law Center (SELC) last week sued the Tennessee Valley Authority (TVA) in the U.S. District Court for the Eastern District of Tennessee. The lawsuit, filed on behalf of three environmental groups, claims that the TVA spent millions on the gas plant through agreements with pipeline operator Enbridge and GE before it studied negative environmental effects or renewable energy alternatives, or received community feedback, Knox News reports. The suit also alleges that the agreements, and a 2022 contract for combustion turbines from GE, violate the National Environmental Policy Act (NEPA). Kingston was the site of the catastrophic coal ash spill in 2008 which resulted in more than a decade of litigtation over safety violations between workers and their families and Jacobs Solutions. A settlement was reached in 2023.

Posted by: Julia Wilburn on Oct 16, 2024
News Type: Legal News

The Shelby County District Attorney's office last week announced that a new bail-setting form will include a “law-enforcement notes” section, replacing the previous bond-recommendation section. The form will include information on a defendant’s evidence of flight, evasion, violence, other crimes and other relevant information. The Daily Memphian reports that the new bail-setting form is the latest change to Shelby County’s bail-setting process, which has received criticism from local residents and state legislators who claim it often does not do enough to protect the community.

Posted by: Julia Wilburn on Oct 15, 2024
News Type: Legal News

After being closed for more than five months for asbestos, mold and lead remediation, Shelby County Juvenile Court was scheduled to resume in-person hearings on Monday. However, due to staffing and budget issues, all 150 cases scheduled for Monday — including for dependency and neglect, custody and visitation and child support — were held virtually, a change communicated on Sunday. The Shelby County Sheriff's Office transported juveniles to court last year, but communicated to the court that they would not continue to do so this year, due to staffing and budget issues. The Daily Memphian has more.

Posted by: Julia Wilburn on Oct 15, 2024
News Type: TBA CLE

On Oct. 25, the Corporate Counsel Section will host a webinar that will explore how in-house legal teams can effectively balance the strategic advantages and inherent risks of integrating artificial intelligence (AI). Topics will include what AI is and its practical applications, key risks and considerations to address before implementing AI, AI governance frameworks and compliance, ethical challenges and responsible AI use. Attendees will gain insights on managing AI in the corporate environment while mitigating legal and ethical concerns. Register here.

Posted by: Julia Wilburn on Oct 14, 2024
News Type: Legal News

Brentwood-based CoreCivic, the leading private prison company in the U.S., has spent more than $4.4 million to settle dozens of complaints alleging mistreatment at its Tennessee prisons and jails since 2016. The Associated Press reports that those complaints include at least 22 inmate deaths, and more than $1.1 million of the payouts involved Trousdale Turner Correctional Center, which is now under federal investigation. The Tennessee Department of Corrections has fined CoreCivic $37.7 million across four prisons since 2016, including $11.1 million for problems at Trousdale, according to the news outlet.


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