TBA Law Blog


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Posted by: Azya Thornton on Oct 11, 2024
News Type: Legal News

The Supreme Court of California on Thursday rejected a proposed alternative pathway that would have enabled law school graduates to become licensed after working under the supervision of an experienced attorney and submitting a portfolio of work. According to Reuters, the court said the program would compromise "fairness, validity and reliability as a measure of an applicant’s competence." The State Bar of California’s board of trustees endorsed the Portfolio Bar Exam in November 2023 over the objections of public commenters. The American Bar Association’s legal education arm endorsed alternative licensing pathways in May.

Posted by: Azya Thornton on Oct 11, 2024
News Type: Legal News

A three-judge panel from the U.S. 5th Circuit Court of Appeals concluded oral arguments on Thursday and will determine what comes next for the Deferred Action for Childhood Arrivals Program (DACA). The program, initiated under the Obama administration, has faced legal challenges since the Trump administration attempted to terminate it. The panel is reviewing a previous ruling by the U.S. District Court for the Southern District of Texas, which deemed DACA unlawful but allowed current recipients to renew their status while barring new applicants. According to the Associated Press, the appeal centers on whether Texas and other states have legal standing to challenge DACA after the current administration’s 2021 rule to codify the program. A ruling is expected in the coming weeks or months, potentially leading to a U.S. Supreme Court review.

Posted by: Stacey Shrader Joslin on Oct 11, 2024
News Type: Legal News

A list of those who passed the July 2024 Tennessee bar exam is now available. Check the TBA’s website for the complete list of successful applicants. Those who meet all licensing requirements will be sworn in at ceremonies across the state. Events are scheduled for Nov. 4 in Knoxville, Nov. 5 in Nashville, Nov. 6 in Jackson and Nov. 7 in Memphis. 

Posted by: Stacey Shrader Joslin on Oct 10, 2024
News Type: Legal News

The U.S. Department of Justice on Tuesday recommended the break up of Google LLC following a court ruling in August that found the search giant to be an anticompetitive monopoly. Under the proposed framework, the company would divest such divisions as its Chrome internet browser, Google Play store and Android mobile operating system. The department argues that Google's expansion into artificial intelligence without these safeguards will only further expand its monopoly. On Monday, a judge ordered the company to reorganize its mobile app ecosystem and offer Android users access to alternative app vendors beyond the Google Play store. The Associated Press has more on the story.

Posted by: Stacey Shrader Joslin on Oct 10, 2024
News Type: Legal News

After a state investigation into “questionable activities” at the Rhea County Sheriff's Department, the Knoxville district attorney has decided not to prosecute, News Channel 9 reports. District Attorney General Charme Allen — who was appointed to the case due to the relationship between the department and the local district attorney — said the decision was impacted by the fact that the statute of limitations had "expired on a number of potential charges." Allegations against the department included improper inmate releases, employees getting paid for time not worked, giving a non-certified animal shelter administrator a weapon, and making questionable expenses for a Christmas toy drive. Read more about the state comptroller's investigation and findings in the Times Free Press.

Posted by: Stacey Shrader Joslin on Oct 10, 2024
News Type: Legal News

Florida-based employment law attorney Gary Martoccio has opened a Martoccio Law Group office in Nashville. Located downtown at 414 Union St., Ste. 1900, 37219, the office is home to two attorneys and three staff members, with plans to grow in the future, Martoccio tells the Nashville Post. For the past 12 years, Martoccio has represented employees in disputes against their employers in state and federal courts, as well as before the Equal Employment Opportunity Commission and equivalent state agencies. He focuses on wrongful termination, Family and Medical Leave Act violations, discrimination and sexual harassment. The firm also has offices in Arizona, Georgia, Illinois, Massachusetts, North Carolina, Pennsylvania and Texas.

Posted by: Stacey Shrader Joslin on Oct 10, 2024

Tennessee Corrections Commissioner Frank Strada told a legislative panel this week that the state expects to unveil a new process for executing inmates by the end of the year. "We should have our protocols in place by the end of this calendar year or at the first week or two of January," Strada said. "We've been working with the attorney general's office on writing those protocols to make sure that they're sound." He did not reveal any details about the new process, only that effort had taken a long time because of the many lawyers working on the issue to ensure it was "within the law," the Associated Press reports. The state stopped executions in May 2022 following concerns about the proper testing of lethal injection drugs. A report issued later that month found that the state had not followed its own lethal injections policies in the four years that executions had been reinstated.

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

Tennessee Attorney General Jonathan Skrmetti announced a $52 million multistate settlement with Marriott International to resolve a data breach of one of its guest reservation databases that affected 131.5 million guest records. The breach exposed personal information such as contact details, birthdates, passport numbers, and payment card information. Under the settlement, Marriott agreed to strengthen its data security practices, provide consumer protections and pay $52 million to states. Tennessee will receive $919,043.00 from the settlement, according to a press release.

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

The list of those applicants who achieved a passing score on the July 2024 Uniform Bar Examination in Tennessee will be released Friday by the Tennessee Board of Law Examiners. Results will be posted by the board by 2 p.m. CDT and will be available on the TBA.org website as soon as they are released. The board also recently announced that applications for the February 2025 exam, originally scheduled to open on Oct. 1, will open later in October due to updates.

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

A U.S. district judge last week temporarily overturned a decision by a Tennessee official to place a woman on the sex offender registry for life, despite never being accused of a crime involving sexual misconduct. The Tennessean reports, this has for nearly a decade, kept the woman, who is referred to as Jane Doe in court records, from living with her family or attending her son’s school events. While the order is preliminary, it will be in place while the case proceeds. Tennessee classifies those convicted of kidnapping as sex offenders, even if there was no sexual component to the crime. Jane Doe was convicted of kidnapping in 2011 but claims she was forced to participate. The judge acknowledged the possibility that she might have been a victim, a perpetrator, or both, the paper reports.


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