TBA Law Blog


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Posted by: Azya Thornton on Dec 9, 2024
News Type: Legal News

A federal judge has denied a request from criminal justice reform groups to block a law that requires public safety to be the primary consideration when setting bail, Action News 5 reports. Just City Memphis, the ACLU and other legal advocates filed a lawsuit in July challenging the constitutionality of Tennessee’s new bail law, sponsored by Sen. Brent Taylor, R-Memphis. The law, which took effect in May, prohibits judges or judicial commissioners from considering a suspect’s "ability to pay" when setting bail. Just City argues the law violates the Constitution and a local agreement the group reached with Shelby County to reform the bail system. In November, a federal judge denied Just City’s request for a preliminary injunction.

Posted by: Julia Wilburn on Dec 9, 2024
News Type: Legal News

TBA hosted its inaugural Conference on Artificial Intelligence (AI) and the Law (TCAIL) Friday at the Tennessee Bankers Association Training Center in Nashville. The daylong program covered topics from AI in ethics, to the judiciary, to access to justice. AI Task Force chair A.J. Bahou kicked things off with an introduction to using AI in the practice of law, complete with real-time AI demonstrations. Bill Ramsey of Neal & Harwell, Clinton Sanko of Baker Donelson, Kyle Turner of Vanderbilt Law School, and David Wood of Prudent Jurist focused their panel discussion on practical changes that AI will bring to the practice of law. Their topics included how various technologies will enable lawyers to engage differently with technology to support client needs, how AI will transform legal research, and how tools are changing in document review and discovery. The second panel focused on AI in the courtroom and featured Tennessee Supreme Court Justice Sarah Campbell, Court of Criminal Appeals Judge Tom Greenholtz, Circuit Judge Jimmy Turner and former judge Penny White now with the University of Tennessee (UT) College of Law. Up next, UT Law professors Ben Barton and Eliza Boles discussed AI's ramifications in the access to justice sphere, while Brian Faughnan focused his session on current and likely future ethical implications for attorneys. The day wrapped up with a session on digital evidence and AI use in public safety with Matthew Drewes, an enterprise business solutions architect for the state, and Richard Littlehale with the Tennessee Bureau of Investigation. See photos from the event.

Posted by: Azya Thornton on Dec 6, 2024
News Type: Legal News

A new site on Vine Street is being considered for a proposed federal courthouse in Chattanooga. According to the Chattanoogan, the U.S. General Services Administration (GSA) announced two shortlisted sites: the Hawk Hill Stadium site and the TVA site, and has added an additional location for consideration, which requires an environmental assessment (EA). The proposed courthouse would include seven courtrooms, nine chambers and 40 secured parking spaces, and would be located within the city limits of Chattanooga. The public is encouraged to submit written comments on the findings presented in the draft supplemental EA and draft "Finding of No Significant Impact" (FONSI). Any substantive comments received by the Dec. 18 deadline will be addressed in the final EA. Information on how to submit comments can be found on the GSA website.

Posted by: Azya Thornton on Dec 6, 2024
News Type: Legal News

CSX Transportation has been ordered to stop rail cleanup efforts in the Nolichucky River Gorge until it obtains the proper permissions, according to a letter sent to the company by the U.S. Army Corps of Engineers, Knox News reports. The company began restoring tracks shortly after Hurricane Helene damaged large portions of the key CSX rail line, but multiple environmental groups filed a lawsuit last month, alleging the work is “extremely damaging” to the river. A CSX spokesperson told the paper the company continues to work with regulators, including the U.S. Army Corps of Engineers and TDEC, to ensure the rail lines are recovered from the river in a “safe and responsible manner.”

Posted by: Azya Thornton on Dec 6, 2024
News Type: Legal News

A federal appeals court today upheld a law requiring TikTok’s Chinese parent company ByteDance to sell the app or face a U.S. ban. According to The Hill, a three-judge panel with the U.S. Court of Appeals for the D.C. Circuit found that the law does not violate the First Amendment, as TikTok has argued. At the time it was passed, the law gave ByteDance about nine months to divest TikTok or face a ban on U.S. networks and app stores. President Joe Biden could also opt to give the company a 90-day extension. TikTok is expected to appeal the decision to the Supreme Court, the paper reports.

Posted by: Julia Wilburn on Dec 5, 2024
News Type: Legal News

Rural Bledsoe County, with a population of 15,060 and a poverty rate of 26% — one of the highest in the state — received about $69,000 in opioid settlement money last year from Tennessee's Opioid Abatement Council. County Mayor Greg Ridley felt that the money would be most impactful in funding an opioid prevention program in the school district. Director of Schools Selina Sparkman and School Health Director Michelle Rains developed a program based on grant guidelines to deliver opioid prevention classes within already-required health courses for high school freshmen. Bledsoe County is the only system in the state to hire a teacher focused entirely on opioid prevention education. The Tennessean has the story.

Posted by: Julia Wilburn on Dec 5, 2024
News Type: Legal News

After a 16-monthlong investigation, the Justice Department (DOJ) released a report finding that the Memphis Police Department (MPD) and the city of Memphis engage in a pattern or practice of conduct that violates the U.S. Constitution and federal law. According to a press release, the DOJ found that MPD uses excessive force; conducts unlawful stops, searches and arrests; unlawfully discriminates against Black people when enforcing the law; and the city and MPD unlawfully discriminate in their response to people with behavioral health disabilities. The DOJ also identified serious concerns about MPD’s treatment of children, as well as deficiencies in policy, training, supervision and accountability that contribute to MPD’s and the city’s unlawful conduct. This morning, the city of Memphis published letters from Mayor Paul Young and Interim Police Chief C.J. Davis that acknowledged some of the DOJ's findings but also noted progress has been made on some of the issues. The city has notified the DOJ that it will not enter into negotiations for, or sign, a consent decree, reports the Daily Memphian. The DOJ said it could possibly sue the city and file an injunction, forcing negotiations, but did not commit to taking that step yet, according to the Commercial Appeal.

Posted by: Azya Thornton on Dec 5, 2024
News Type: Legal News

The third annual "Raising the Bar" program, produced by the TBA Women in the Profession Committee, took place yesterday at Baker Donelson's Nashville offices. Keynote speaker Megan Barry, former mayor of Nashville, discussed her new book “It's What You Do Next: The Fall and Rise of Nashville's First Female Mayor.” Following her address, a series of panels focused on personal and professional transitions for attorneys, with notable speakers including Chancellor Anne Martin, retired Judge Bernice Donald, retired Chancellor Ellen Lyle, Casey Duhart, Paul Ney, Judge Khadija Babb and Kisha Cheeks. The program concluded with a session on career development and a one-hour attorney well-being session. The day also provided ample networking opportunities, including a breakfast and reception. Thanks to sponsor Lewis Thomason and to Baker Donelson for hosting the event. See photos from the day.

Posted by: Julia Wilburn on Dec 5, 2024
News Type: Legal News

Vanderbilt Law School has received a $10 million commitment from Sara J. Finley, a 1985 graduate, to advance the school’s leadership in the study of how law, regulation and policy impact equality, equity and opportunity for women. The gift will be used to establish a chair and to endow a program for research, education and advocacy relating to equal rights, equal opportunity and nondiscrimination. “This is an extraordinary gift that will advance our understanding of the ways in which law and policy shape our experiences in leadership, in the workplace and across so many other spheres,” Provost C. Cybele Raver said. Read more in a press release from the law school.

Posted by: Azya Thornton on Dec 4, 2024
News Type: Legal News

A legal battle over the expansion of Murfreesboro-based Middle Point Landfill, which is expected to reach capacity by 2028, went before the Tennessee Court of Appeals for oral arguments on Tuesday. According to the Nashville Banner, the case stems from a 2021 decision by the Murfreesboro Regional Planning Board to deny BFI Waste Systems Services' request to expand the landfill by 100 acres. A chancery court later ruled that errors made by the board in following proper procedure for rejecting the plan were "harmless." Court of Appeals Judge Neal McBrayer, one member of the three-judge panel, challenged both sides during the proceedings. The panel did not indicate when a decision would be made.


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