TBA Law Blog


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Posted by: Stacey Shrader Joslin on Aug 22, 2024
News Type: Legal News

Emmitt Martin III, one of five former Memphis Police Department officers charged with the beating death of Tyre Nichols, allegedly will change his plea from not guilty to guilty at an upcoming court hearing, the Commercial Appeal reports. Martin entered the not guilty plea in September of last year after being indicted on charges of using excessive force, deliberate indifference, conspiracy to witness tamper and witness tampering. If he does change his plea, he will be the second defendant to enter into a plea agreement. Desmond Mills agreed to a federal plea in November 2023. The four remaining defendants are scheduled to begin trial on Sept. 9. Update: read a release issued by the U.S. Attorney's Office for the Western District of Tennessee after the pleading.

Posted by: Azya Thornton on Aug 21, 2024
News Type: Legal News

The legal battle around the Swan Ball, a long-standing annual event benefiting Nashville's Cheekwood Estate and Gardens, is expanding with a countersuit from the estate against a group of volunteer event coordinators. Volunteers filed a lawsuit against Cheekwood in July accusing it of a "coup," saying the organization took control of an event that had always been volunteer-run. In a counterclaim, Cheekwood now accuses the volunteers of attempting to seize control of the ball and its trademark. The new filing also states that volunteers "attempted covertly to gain unauthorized access to Cheekwood's computers and files" earlier this year. The dispute has halted planning for the 2025 Swan Ball, according to the estate, while the volunteer group says it plans to move forward with the event next year with a new beneficiary. Axios Nashville has more on the story.

Posted by: Azya Thornton on Aug 21, 2024
News Type: Legal News

The legal battle between Michael Oher and the Tuohy family, as depicted in the film "The Blind Side,” continues. Oher is suing the Tuohys, alleging that they exploited him financially and misled him. The Tuohys, who took Oher into their home when he was a teenager, deny these allegations and claim that Oher has attempted to extort them. The case centers around a conservatorship established when Oher was 18, which the Tuohys claimed was intended to protect him financially, but which Oher claims he was duped into entering. In 2023, a judge ended the conservatorship. Oher is additionally seeking a full accounting of funds he believes the Tuohys made during the conservatorship, including money for “The Blind Side” movie, which he says he never received. According to the New York Times Magazine, the lawsuit has sparked intense media coverage and raised questions about the accuracy of the film's portrayal of the relationship between Oher and the Tuohys. While the legal proceedings continue, The Times reports, the case is exposing the potential for misunderstanding and exploitation in the industry. 

Posted by: Azya Thornton on Aug 21, 2024
News Type: Legal News

The U.S. 9th Circuit Court of Appeals has revived a lawsuit against Google, ruling that the company may have collected personal information from Chrome users without their consent, even when they chose not to synchronize their browsers with their Google accounts. The court disagreed with the lower court's previous decision and found that Google's privacy notice may have misled users into believing their data would not be collected unless they explicitly turned on the sync function. The case has been returned to the lower court for further proceedings, Reuters reports.

Posted by: Azya Thornton on Aug 21, 2024
News Type: Legal News

The dismissed ouster case against former Shelby County Clerk Wanda Halbert returned to court last week to determine attorney's fees. Both Halbert's attorney, Darrell O'Neal, and Hamilton County District Attorney Coty Wamp argued for their respective positions regarding who should pay fees in the case. O'Neal argued that Halbert should be awarded fees because the case was dismissed due to Wamp's lack of standing, while Wamp maintained that the case was not without merit and fees should not be awarded. Shelby County, which was involved in the case, also could be liable for fees but was not represented at the hearing. Judge Felicia Corbin-Johnson agreed that the county should be present to argue its case and scheduled a hearing for September to address the matter, the Commercial Appeal reports. Meanwhile, a new ouster petition has been filed against Halbert.

Posted by: Azya Thornton on Aug 21, 2024
News Type: Legal News

The American Bar Association (ABA) is moving forward with new rules to standardize law school curricula and eliminate references to race and ethnicity in diversity and inclusion standards, Reuters reports. The ABA's Council of the Section of Legal Education and Admissions to the Bar recently adopted changes to student learning outcomes, requiring schools to set minimum learning outcomes for all courses. Additionally, the council voted to gather public comments on a revised rule that would require schools to provide access to “all persons including those with identities that historically have been disadvantaged or excluded from the legal profession.” That would replace the current rule that schools provide “full opportunities” for “racial and ethnic minorities” and have a diverse student body “with respect to gender, race, and ethnicity.” The move to rework the rule is designed to comply with the U.S. Supreme Court's 2023 ruling against considering race in admissions, ABA officials say.

Posted by: Azya Thornton on Aug 21, 2024
News Type: Legal News

The U.S 6th Circuit Court of Appeals has ruled that insurance companies can sue over the actions of National Park Service's firefighters during the Gatlinburg wildfire of 2016. Federal courts previously held that park service officials were immune from liability for how the wildfire that killed 14 people was fought, according to Knox News. In a 2-1 opinion, a three-judge panel of the 6th Circuit disagreed with those rulings. The paper suggests that the decision may provide a new path for an expanded suit from victims' families. That suit originally included similar mismanagement allegations, but those were dropped after a judge found that filings lacked the required information.

Posted by: Julia Wilburn on Aug 20, 2024
News Type: Legal News

A report compiled by the Major Cities Chiefs Association, a group for police leaders in America's most populous cities to discuss policing challenges, found that violent crime in Memphis is down compared to last year, as it is in many major cities around the country. The findings line up with the Memphis Police Department's own reporting of declining crime trends. The report includes preliminary data from 69 different U.S. cities compiled from the FBI's National Incident-Based Reporting System, which shows major violent crime in those cities had dropped just over 6%. The data tracks the first six months of the year, from Jan. 1 through June 30, and compares it to that same time frame in 2023. The Commercial Appeal has the story.

Posted by: Julia Wilburn on Aug 20, 2024

A new law took effect on July 1 that "requires, rather than authorizes" local law enforcement to report an individual’s immigration status to federal authorities when inputting individuals’ immigration status into databases shared with federal agencies. The Metro Nashville Police Department is opposed to the new measure, but others around the state may be less so, and given the broadness of the language, there could be considerable variation in how the measure is enforced, reports the Nashvile Banner. Chattanooga Sen. Todd Gardenhire, the only Republican to vote against the law, said he feared it could be interpreted to force school resource officers to report children to federal immigration officers.

Posted by: Julia Wilburn on Aug 20, 2024

Sen. Todd Gardenhire, R-Chattanooga, will appeal Chancellor I'Ashea Myles' ruling that the Covenant School shooter's writings are exempt from the Public Records Act and will not be released publicy. Gardenhire, who is chair of the Tennessee Senate’s Judiciary Committee, said he believes the records should be open to the public to help form policy as lawmakers consider gun-related legislation in response to the shooting, according to the Tennessee Lookout. “This case really boils down to the state law and how it affects the open records, at least in this particular courtroom. That’s why it’s so important to not set a bad precedent based on emotion and political influence in Davidson County,” Gardenhire said. “[I]f we’re going to craft legislation to help prevent these types of tragedies, we have to know what was going through the mind and motive of the person that did the shooting.”


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