TBA Law Blog


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Posted by: Azya Thornton on Aug 28, 2024
News Type: Legal News

Tennessee has fined private prison operator CoreCivic nearly $15 million since 2019 for contract violations at Trousdale Turner Correctional Center, The Tennesean reports. The revelation comes amid news of a new civil rights investigation into the facility by the U.S. Department of Justice. Over the years, CoreCivic has been found to have chronic staffing shortages, improper use of force and other safety issues according to reports. While it has implemented measures to address these problems, including increased wages and recruitment efforts, it continues to face challenges in meeting standards. In response to these findings, Gov. Bill Lee stated, “It’s important that they do live up to them and that we continue to hold them accountable when they don’t live up to the standards.”

Posted by: Azya Thornton on Aug 28, 2024
News Type: Legal News

Tennessee's unemployment rate of 3% persisted in July, according to a recent release from the Tennessee Department of Labor and Workforce. The state has maintained this rate since May, with Sevier and Williamson counties at 2.5%. While most counties experienced a decrease in unemployment, Weakley and Houston counties faced higher rates at 6.2% and 5.5%. In the northeast region, Washington County had the lowest unemployment at 3.5%, followed by Sullivan, Hawkins and Carter. Unicoi County had the highest rate at 4.2%. The state added over 2,000 new jobs in July, primarily in construction and health care, contributing to the overall economic stability, according to the Johnson City Press.

Posted by: Julia Wilburn on Aug 27, 2024
News Type: Legal News

Tennessee Attorney General Jonathan Skrmetti last October sued the U.S. Department of Health and Human Services (HHS) over millions of dollars in family planning funding the state lost after it violated federal requirements for clinics to counsel clients on all reproductive health options, including abortion. The U.S. 6th Circuit Court of Appeals now has ruled that the federal government does not have to reinstate those funds as a legal battle plays out over the state’s abortion policy. According to the Associated Press, the court stated: “Tennessee was free to voluntarily relinquish the grants for any reason, especially if it determined that the requirements would violate its state laws.” In other news from the court, last week it found that Tennessee properly denied convicted felon Erik Williams’s attempt to dismiss his gun possession indictment. According to Bloomberg Law, Williams was indicted for being a felon in possession of a firearm after Memphis police stopped him for speeding and found a loaded pistol in the trunk. He previously robbed two people at gunpoint and was convicted of attempted murder. Williams argued that the law violated his Second Amendment rights. The court found that Congress may disarm people they believe to be dangerous as long those individuals have the opportunity to show they are not actually dangerous. The court found that Williams was given that opportunity.

Posted by: Julia Wilburn on Aug 27, 2024
News Type: Legal News

Gov. Bill Lee recently announced the appointment of two Tennessee attorneys to the state Higher Education Commission (THEC). Will Perry, an attorney at Butler Snow in Memphis and a former TBA Board of Governors member, and John Rader, a Cookeville native and chief of staff for Sen. Bill Hagerty, will serve on the commission through June 30, 2029. The THEC was created in 1967 by the Tennessee General Assembly to achieve coordination and foster unity concerning higher education in Tennessee. The commission develops, implements and evaluates post-secondary education policies and programs in Tennessee while coordinating the state’s systems of higher education.

Posted by: Julia Wilburn on Aug 27, 2024
News Type: Legal News

Warren & Griffin, one of Chattanooga's largest personal injury law firms, has relocated its offices from the Dome Building downtown to the former Brewer Media headquarters at 1305 Carter St., Chattanooga 37402. Partner C. Mark Warren told the Times Free Press, "We've just outgrown our space in the Dome Building, so when we heard about this space, we jumped on it ... this is a great location and gives us room to continue to grow in our hometown."

Posted by: Julia Wilburn on Aug 27, 2024

One day after Tennessee legislators threatened to withhold sales tax revenue funds from Memphis and Secretary of State Tre Hargett said his office would not approve a ballot that included a city referendum on gun control, the Shelby County Election Commission announced it would not add those questions to the Nov. 5 ballot. The Commercial Appeal reports that county Election Commissioner Mark Luttrell said State Coordinator of Elections Mark Goins instructed the commission to not allow the ballot referendums on the ballot. The Memphis City Council previously had approved three ballot questions on gun control that, if approved, would amend the city's charter. Luttrell said that litigation is anticipated, and election commissioners would not be allowed to answer questions related to the matter.

Posted by: Julia Wilburn on Aug 27, 2024
News Type: Legal News

U.S. District Judge Waverly D. Crenshaw on Monday ruled that Tennessee's Medicaid program "TennCare" unlawfully terminated health care coverage for thousands of Tennesseans, concluding a four-year-long class-action lawsuit, reports the Tennessean. The court ruled that the state violated the Constitution, federal Medicaid law and federal protections for people with disabilities, stating that "poor, disabled and otherwise disadvantaged Tennesseans should not require luck, perseverance or zealous lawyering to receive health care benefits they are entitled to under the law." Michele Johnson, the Tennessee Justice Center’s executive director, said in a release, “We are proud to have stood with the courageous families that brought the case in order to protect the health coverage of many thousands of their neighbors across the state. We will continue to fight as this case moves forward.”

Posted by: Julia Wilburn on Aug 27, 2024
News Type: Legal News

At its fall meeting on Sept. 28, the TBA Board of Governors will vote on proposed amendments to the association’s bylaws. The changes, recommended by the board’s Operations Committee, would update the office address of the TBA (Section 1), update the method of delivering notices of meetings (Sections 8 and 20), clarify what constitutes a quorum for Board of Governors meetings (Section 12), and modify the process for the election of officers and governors (Sections 40, 41, 42, 43, 44 and 46). Download a redline version that shows the proposed changes. Comments on the changes should be submitted prior to the fall meeting via email to barED@tnbar.org.

Posted by: Azya Thornton on Aug 26, 2024
News Type: Legal News

The University of Memphis Cecil C. Humphreys School of Law Alumni Chapter honored seven lawyers for their careers and contributions to the legal profession and community during its annual Pillars of Excellence Awards ceremony last month. One of the recipients, state Sen. Ken Yager, R-Kingston, who represents District 12 in East Tennessee, received an award for his outstanding public service. The other honorees included Dorothy J. Pounders, Judge John T. Fowlkes Jr., Leland McNabb, Mark R. Allen, Richard Murrell Carter, David Pickler and Barbara Kritchevsky. The event is the chapter's largest fundraiser and will provide scholarships to law students. The Daily Memphian has the story.

Posted by: Azya Thornton on Aug 26, 2024
News Type: Legal News

Tennessee along with Texas and 14 other states filed a complaint Friday in the U.S District Court for the Eastern District of Texas against the Biden administration’s "parole in place" program, which offers temporary removal protections and work authorization to immigrant spouses of U.S. citizens. According to Bloomberg Law, the states argue that the program, which aims to help about 500,000 immigrants and their stepchildren, exceeds the Department of Homeland Security’s (DHS) authority and violates constitutional provisions. They seek to block the program, claiming it imposes significant financial burdens and extends DHS’s parole authority beyond legal limits. The department defends the program as lawful and consistent with American values.


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