TBA Law Blog


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Posted by: Azya Thornton on Mar 21, 2025
News Type: Legal News

The family of a man who died in custody at the Hamilton County Jail after being arrested for allegedly shoplifting has filed a federal lawsuit against the sheriff's office and the county. Deward Johnson was arrested in March 2024 in connection with a shoplifting incident at a Chattanooga Walmart and was dead by 9:25 p.m. that same day, according to the Times Free Press. The lawsuit claims Johnson's death was preventable, alleging he was in medical distress but received inadequate medical care. The complaint states that Johnson tested positive for meth, amphetamines and fentanyl after his arrest, and no precautions were taken to monitor him for potential adverse drug reactions, reports Fox Chattanooga. The suit calls for remedial plans to ensure the Hamilton County Jail complies with constitutional standards and seeks damages for Johnson's family. The sheriff's office previously stated that all individuals admitted to the jail undergo a health screening and that medical staff is available 24 hours a day.

Posted by: Stacey Shrader Joslin on Mar 21, 2025
News Type: Legal News

Future TBA Presidents Attend Bar Leadership Institute TBA’s President-elect Heidi Barcus, who will become president of the association in June, and Vice President Charlotte Knight Griffin, who will become president in June 2026, recently attended the ABA’s Bar Leadership Institute. Former TBA President Sherie Edwards, who is now president-elect of the Nashville Bar Association (NBA), also attended. They were accompanied by TBA Executive Director Sheree Wright and NBA Executive Director Jeanne Heaton. For more than 45 years, the three-day Bar Leadership Institute has brought together bar association leaders from across the country to help them prepare for their year in office. Through keynote addresses, breakout sessions and networking events, attendees have the opportunity to engage with leaders from across the country and hear from speakers on topics designed to enhance their bar leadership. Programming at this year’s institute included sessions on motivational leadership, best practices in governance and effective communications. Learn more about the event or see photos.

Posted by: Azya Thornton on Mar 20, 2025

Attorneys from across the state gathered in Nashville on Wednesday for the TBA's third annual "Day on the Hill." The day kicked off with remarks from Senate Judiciary Committee Chair Sen. Todd Gardenhire, R-Chattanooga. Participants then met with more than 30 legislators to discuss issues impacting the legal profession and the practice of law, with a special emphasis on supporting the Administrative Office of the Court's plan for improving the state's indigent representation system. The day concluded with the TBA's annual Big Shrimp legislative reception, giving TBA leaders and members a chance to meet with legislators in a casual setting to continue conversations on topics important to the profession. Learn more about the state's current indigent representation system and see photos from the day

Posted by: Stacey Shrader Joslin on Mar 20, 2025
News Type: Legal News

Purdue Pharma's bankruptcy entered a new, possibly final phase this week when the bankrupt drugmaker filed a $7.4 billion plan to resolve thousands of lawsuits that alleged its OxyContin pain medication caused a widespread opioid addiction crisis. Reuters also reports on legal fees earned in the case. According to the news source, Purdue's lawyers at Davis Polk have received or requested more than a quarter of a billion dollars since the bankruptcy began in 2019.

Posted by: Azya Thornton on Mar 20, 2025
News Type: Legal News

Last week, a federal judge said the Trump administration’s response to his request for more information on recent Venezuelan deportation flights was insufficient and failed to show it complied with an earlier court ruling, The Hill reports. In a new order, U.S. District Judge James Boasberg said the Justice Department missed the deadline to hand over flight information. The department instead had submitted a declaration that “Cabinet Secretaries are currently actively considering whether to invoke the state secrets privilege.” Boasberg on Wednesday had given the administration an extension to today to respond to his request for detailed information about weekend flights that deported alleged Venezuelan gang members, despite his order to turn the planes around. Last week, Boasberg preemptively blocked efforts to deport Venezuelan nationals under the Alien Enemies Act (AEA) of 1798 after the ACLU sued over the plan.

Posted by: Azya Thornton on Mar 20, 2025
News Type: Legal News

A three-judge panel of the Tennessee Court of Appeals heard arguments Wednesday in a case that could determine the future size of the Metro Council. In 2023, the Tennessee General Assembly passed a law that would reduce the council's size from 40 to 20 members. In 2023 and again in 2024, a court placed an injunction on the law finding it to be unconstitutional under the state's Home Rule amendment, which prohibits legislation that specifically targets one local government. The state appealed that ruling, according to the Nashville Banner. During the hearing, Metro argued that the judges need not address the law's constitutionality and could rule that the council does not have to be reduced based on the law's plain language. The state countered that the law applies to all local governments in Tennessee and that Metro’s claim of exemption violated the Home Rule amendment. The judges did not indicate when a ruling would be issued. The next Metro elections are not scheduled until 2027.

Posted by: Azya Thornton on Mar 20, 2025
News Type: Legal News

A federal appeals court last week affirmed that a work of art generated by artificial intelligence without human input cannot be copyrighted under U.S. law. The U.S. Court of Appeals for the District of Columbia Circuit agreed with the U.S. Copyright Office, which had found that an image created by Stephen Thaler's AI system "DABUS" was not entitled to copyright protection, and that only works with human authors can be copyrighted, according to Reuters. The Copyright Office also has rejected artists' bids for copyrights on images generated by the AI system Midjourney. Thaler's attorney said he and his client "strongly disagree" with the ruling and intend to appeal. U.S. Circuit Judge Patricia Millett, writing for a unanimous three-judge panel, said U.S. copyright law "requires all work to be authored in the first instance by a human being."

Posted by: Azya Thornton on Mar 20, 2025
News Type: Legal News

An inmate who died at the Shelby County Jail in 2024 died from heart disease, according to an official autopsy report. Lawrence Sumlin died in the jail's intake area. Shelby County Sheriff Floyd Bonner Jr. initially attributed the death to a "medical emergency," the Daily Memphian reports. Sumlin had been arrested for theft and was homeless at the time of his death. According to the autopsy, he had a history of high blood pressure, seizure disorder, poor compliance with medications and substance abuse. The autopsy also stated Sumlin had two "altercations" with inmates on the day he was brought in. Sumlin is one of 60 inmates who have died at the Shelby County Jail since 2019. Four inmates died last month, one by suicide, one from an overdose and two from undetermined "medical emergencies," according to the sheriff's office.

Posted by: Stacey Shrader Joslin & Brooke Leeton on Mar 20, 2025

The Tennessee Bar Association again this year will honor the work of Tennessee journalists through the Fourth Estate Award, which honors courageous reporting on justice and the law. This year's prize, honoring reporting in 2024, includes a $250 honorarium for the winner. The TBA strongly supports freedom of expression under the First Amendment, as exercised by lawyers on behalf of their clients and by journalists on behalf of the public, and particularly wants to recognize and encourage journalists who promote public understanding of the rule of law and our system of justice through vigorous exercise of their First Amendment rights. The deadline for entry is April 30. Attorneys who have relationships with reporters or observed a particularly compelling piece of journalism in 2024 are encouraged to submit a nomination. Read about past recipients here and read the TBA's full press release.

Posted by: Stacey Shrader Joslin on Mar 19, 2025
News Type: Legal News

A nonprofit group that advocates for students with disabilities and individuals whose discrimination complaints have been put on hold are suing the U.S. Education Department over cuts to the Office for Civil Rights (OCR). According to Bloomberg Law, the department has eliminated seven of OCR’s 12 regional offices and left only “skeleton staffing” at the remaining offices. “These actions harm students and their families who rely on the Department to ensure their access to educational opportunities, as required by the federal civil rights laws Congress charges OCR to enforce,” the complaint says. A similar suit filed by a group of states is challenging the department’s plan to fire 1,378 employees. The reduction in force will undermine the department’s ability to perform work mandated by federal law, that suit says. The National Center for Youth Law and Council of Parent Attorneys and Advocates, Inc. are representing the plaintiffs.


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