TBA Law Blog


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Posted by: Julia Wilburn on Aug 15, 2024
News Type: Legal News

In March of 2023, the Tennessee state legislature passed the bipartisan Sexual Assault Response Team Act, which required all 95 counties in the state to establish trained sexual assault response teams by the beginning of this year. The teams would consist of multi-disciplinary professionals trained in victim advocacy, law enforcement, criminal prosecution, and health care and mental health services. Currently, only 15 counties have such teams in place. Jennifer Escue, executive director for the Tennessee Coalition to End Domestic and Sexual Violence, told the Tennessee Lookout that in some Tennessee counties, tensions between law enforcement and advocates have prevented the kind of collaborative team response to sexual violence that the law was intended to foster. The lack of coordinated response can result in fewer prosecutions of perpetrators and poorer outcomes for victims, she says. In related news, the Lookout also recently reported on how one rural community has become a model for managing domestic violence.

Posted by: Azya Thornton on Aug 14, 2024
News Type: Legal News

A Kentucky woman, Alyssia Moulton, is suing Southern Health Partners, the medical provider for a lockup facility in Montgomery County after she was forced to give birth alone on a toilet while in solitary confinement during pretrial detention. According to Law & Crime, the federal lawsuit alleges that Southern Health Partners exhibited deliberate indifference to Moulton's medical needs, including ignoring her complaints of contractions and failing to provide adequate prenatal care. Moulton's attorney Christopher Smith commented on the suit saying, "Tennessee has one of the highest rates of female incarceration in the nation, which itself has one of the highest rates of female incarceration in the world. We hope this lawsuit shines a light on this often-overlooked social issue and raises awareness of the civil rights of pregnant inmates.”

Posted by: Azya Thornton on Aug 14, 2024
News Type: Legal News

A new congressionally directed study says the federal judiciary should consider awarding monetary damages to employees who are the victims of workplace misconduct at the hands of judges, and increase transparency about how courts address worker complaints, Reuters reports. The report by the judiciary's research arm and a congressionally chartered academic institution outlines a series of proposals. Federal courts nationally are inconsistent in how they address workplace complaints and lack a comprehensive system to collect and analyze data about those cases, according to the report. The study also found that nearly 25% of courts' websites are missing required information on how employment disputes are addressed. A spokesperson for the Administrative Office of the U.S. Courts said the office is "committed to fostering an exemplary workplace," adding that a working group was assessing ways to build on recent reforms.

Posted by: Stacey Shrader Joslin on Aug 14, 2024
News Type: Legal News

Personal information of hundreds of former Shelby County District Attorney’s Office employees was inadvertently distributed via email this past Monday to current employees of the office. The Daily Memphian reports that an emailed spreadsheet contained the names, birthdays and full Social Security numbers of nearly 300 former employees dating back to December 2013. It also included whether the employee was terminated and the cause for termination. The email allegedly came from someone outside of the human relations office. District Attorney General Steve Mulroy said in a statement that the technology department acted quickly to address the issue by recalling the email, identifying those who opened it and retrieving the spreadsheet. The office also is reaching out to former employees to alert them of the incident.

Posted by: Azya Thornton on Aug 14, 2024
News Type: Legal News

Tennessee-based law firm Bass, Berry & Sims has announced a delay in the start date for its incoming class of associates from September to January 2025. The firm is providing stipends to affected attorneys during this period. The decision, reported by Bloomberg Law, is attributed to an uptick in transactional work, and aims to enhance professional development opportunities for both current and incoming associates. The delay follows a similar trend among other law firms that implemented similar measures during the post-pandemic economic downturn. The firm has offices in Knoxville, Memphis, Nashville and Washington, D.C.

Posted by: Azya Thornton on Aug 14, 2024

The Biden administration has asked the U.S. Supreme Court to reinstate its latest student loan forgiveness plan, known as the Saving on a Valuable Education (SAVE) Plan. The emergency appeal, filed on Tuesday, seeks to overturn the U.S. 8th Circuit Court of Appeals' extended block on the student debt relief plan. U.S. Solicitor General Elizabeth Prelogar argued that the SAVE Plan, which aims to reduce monthly student loan payments for millions of borrowers, falls within the Department of Education’s established authority to regulate income-contingent repayment plans, The Hill reports.

Posted by: Azya Thornton on Aug 14, 2024
News Type: Legal News

The death of Lauren Johansen has led to questioning of the handling of domestic violence cases. Advocates argue her death could have been prevented if the cases against the man who allegedly killed her had moved through the Davidson County court system faster. According to The Tennessean, a report by the Metro Office of Family Safety has called for "rocket dockets" to expedite high-risk domestic violence cases. The report cites extended delays between arrest and resolution as a critical factor increasing victim risk. To address this, the report recommends prioritizing such cases, increasing court resources, and implementing risk assessment tools and protective measures like GPS monitoring.

Posted by: Azya Thornton on Aug 14, 2024
News Type: Legal News

A federal jury in Chattanooga has found two former Hamilton County sheriff's deputies not liable in a lawsuit alleging a roadside strip search. The plaintiff, James Mitchell, claimed excessive force and unlawful search during a 2019 traffic stop. Despite dashcam footage showing a deputy striking Mitchell and performing the strip search, the jury ultimately sided with the defendants, Chattanoogan Times Press reports. The verdict concludes a series of legal battles involving the deputies, with multiple lawsuits having been dismissed or settled. The sheriff's office has maintained its innocence in the cases.

Posted by: Azya Thornton on Aug 14, 2024

The Marshall Project reports that the U.S. Supreme Court's decision in Harrington v. Purdue Pharma raises the bar for companies trying to shield their wealth by filing for bankruptcy when faced with lawsuits alleging harm, and could impact the Boy Scouts of America's settlement with sexual abuse victims. In 2020, the Boy Scouts of America filed for Chapter 11 bankruptcy and later agreed to a nearly $2.5 billion settlement to compensate more than 82,000 victims of alleged sexual abuse. The settlement includes releasing police departments from liability for abuse that occurred within the Scouts' Explorer program. As a result, victims of police abuse may have a new opportunity to seek justice. The U.S. 3rd Circuit Court of Appeals is set to decide if and how the decision applies to Scouting America. Livingston Enterprise has the story. 

Posted by: Stacey Shrader Joslin on Aug 13, 2024
News Type: Legal News

Tennessee Attorney General Jonathan Skrmetti, along with attorneys general from 14 other states, has submitted a comment letter to the U.S. Department of the Treasury, emphasizing the need for fair and unbiased regulation of artificial intelligence (AI) in the financial services sector. The letter urges the department to focus solely on risks to financial reliability and consumer protection rather than politicizing AI regulation or blocking state laws. Read the letter or a press release about the effort.


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