TBA Law Blog


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Posted by: Stacey Shrader Joslin on Jan 31, 2024

Former state Rep. Robin Smith, who resigned after being indicted on federal wire fraud charges, has had her sentencing delayed again, Chattanoogan.com reports. The sentencing was to have occurred on Feb. 12 but has been delayed until April 5. Smith is set to testify against former House Speaker Glen Casada and his aide Cade Cothren in a trial that will begin on March 5 in Nashville. The motion noted that the trial in that case had been continued, necessitating the extension for Smith’s sentencing.

Posted by: Stacey Shrader Joslin on Jan 31, 2024
News Type: Legal News

Tennessee Innocence Project (TIP) has announced that all charges have been dismissed against its client Artis Whitehead. The move follows the overturning of Whitehead’s conviction in December 2023. The exoneration is the sixth for the organization in the state and the first in Memphis. TIP Executive Director and Lead Counsel Jessica Van Dyke said, “TIP has been working on this case for the last four years because we believed in Mr. Whitehead’s innocence, and we appreciate the DA’s Office's diligent investigation and attention to detail. They got to the bottom of this case and ensured that justice was served appropriately for Mr. Whitehead and his family.” Whitehead was arrested on Jan. 31, 2003. His exoneration comes 21 years from the exact day he was arrested. He served almost 21 years after being wrongfully convicted for a 2002 robbery at B.B. King’s Blues Club on Beale Street.

Posted by: Stacey Shrader Joslin on Jan 31, 2024
News Type: Legal News

Spicer Rudstrom PLLC moved its Memphis office to a new location this week. The firm now will be located at 6060 Primacy Pkwy., Ste. 401, Memphis 38119. All email addresses, phone numbers and fax numbers will remain unchanged. The firm’s managing member Clint Woodfin said the move was “aimed at providing easier access for clients, staff and attorneys, as well as allowing our team a better starting point to reach all of our clients in the greater Shelby County area.” Read more from the firm.

Posted by: Stacey Shrader Joslin on Jan 31, 2024
News Type: Legal News

Tennessee Bar Foundation Executive Director Barri Bernstein has publicly announced her decision to retire in mid-2024. Bernstein was the initial executive director of the foundation and has served in the role since 1985. In a statement released today, Board Chair Judge John W. Whitworth said Bernstein built the foundation “from the ground up,” providing “innovative leadership” that led to better access to legal assistance for lower-income Tennesseans. “We are grateful for Barri’s longtime service and to know that she will be available in an advisory role to the Board and to her successor.” The search for a new executive director has begun. Information about the position and how to apply is available at online.

Posted by: Stacey Shrader Joslin on Jan 31, 2024
News Type: Legal News

Tennessee Attorney General Jonathan Skrmetti has sued the National Collegiate Athletic Association (NCAA) over its restrictions on the ability of current and future student-athletes to benefit from their name, image and likeness (NIL). Skrmetti argues that the policy violates federal antitrust laws, thwarts the free market and harms student-athletes. He was joined in the suit by the state of Virginia. After the U.S. Supreme Court ruled that the NCAA violated antitrust law by imposing unreasonable restraints on the compensation of college athletes, Tennessee and other states enacted laws to foster a thriving NIL market for the benefit of student-athletes. The NCAA currently prohibits prospective student-athletes from discussing potential NIL opportunities with schools and collectives prior to enrolling. Read more about the suit. In related news, the University of Tennessee has confirmed the existence of an NCAA investigation into NIL rules violations at the school but said it has not received a notice of allegations. University Chancellor Donde Plowman tells Knox News that the school will fight any alleged violations.

Posted by: Stacey Shrader Joslin on Jan 31, 2024
News Type: Legal News

Judge Jane Branstetter Stranch is planning to step down from active service on the U.S. Sixth Circuit Court of Appeals, according to a report from Reuters. Stranch, appointed by former president Barack Obama, plans to take senior status following confirmation of a successor. Prior to joining the court, Stranch was managing partner of Branstetter Stranch & Jennings in Nashville with a practice focused on labor and employee benefit matters. The move gives President Joe Biden another appointment to the court. The president has not yet nominated a replacement for Judge Julia Smith Gibbons, also from Tennessee, who said in August that she would take senior status once a successor was confirmed. Senior status is a form of semi-retirement for judges over the age of 65 who have completed at least 15 years of service on the federal bench.

Posted by: Paul Burch on Jan 30, 2024
News Type: Legal News

A chancery court judge has set April 16-17 for a trial in the ongoing legal battle over how much of the Covenant School assailant’s writings should be made available to the public, reports WPLN. The plaintiffs arguing for the documents release under the Tennessee Public Records Act include the Tennessee Firearms Association, a police non-profit, The Tennessean and Sen. Todd Gardenhire, R-Chattanooga. Covenant parents who oppose release of the writings worry that release of the papers could inspire future school shootings, re-traumatize students and jeopardize the school’s safety.

Posted by: Paul Burch on Jan 30, 2024
News Type: Legal News

The 8th U.S. Circuit Court of Appeals today declined to reconsider a ruling that only the U.S. government, not private parties, can sue under a landmark civil rights law barring racial discrimination in voting. Reuters reports that the court rejected a request by the Arkansas Public Policy Panel and the Arkansas State Conference NAACP to reconsider a 2023 ruling holding that private plaintiffs cannot bring cases enforcing Section 2 of the Voting Rights Act. For decades, the majority of Voting Rights Act lawsuits have been filed by private parties.

Posted by: Paul Burch on Jan 30, 2024
News Type: Legal News

The University of North Carolina agreed to pay $4.8 million to cover fees and expenses of Students for Fair Admissions (SFA), an anti-affirmative action group founded by Edward Blum that won a challenge to the school's consideration of race in student admissions, reports Reuters. The disclosure was made in response to a public records request by Reuters seeking information on the fees accrued by the Virginia-based nonprofit. According to tax filings, SFA has spent about $8 million on legal expenses during the course of its various lawsuits since 2015, with nearly $6.9 million going to its primary law firm, Consovoy McCarthy.

Posted by: Paul Burch on Jan 30, 2024
News Type: Legal News

Lawyers representing the board of the Lone Mountain Shores Owners Association and a handful of homeowners whom the board sued over short-term rentals made their cases before a judge in Claiborne County Chancery Court on Jan. 25, reports KnoxNews. The case centers on whether a house rented on Airbnb or Vrbo should be considered a single-family home or a hotel. Short-term rentals are defined by the state as rentals shorter than 30 days. The Lone Mountain Shores homeowners' association board allows long-term rentals, which the board says falls under single-family residential use. Both sides have filed for summary judgement. Chancellor Elizabeth Asbury could rule by Feb. 25 according to the paper.


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