TBA Law Blog


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

The city of Memphis has released hours of additional video footage and audio of police radio communications from the night Tyre Nichols was beaten by five now-former Memphis Police Department officers, reports the Commercial Appeal. Nichols would die in the hospital three days later. The former officers have been charged with second degree murder among other offenses. Additional documents related to Nichols' killing, the internal Memphis Police Department investigation into the incident, and the officers charged in state and federal court are expected to be released at a later date.

Posted by: Stacey Shrader Joslin on Jan 29, 2024
News Type: Legal News

Tennessee Secretary of State Tre Hargett has issued a warning to all Tennesseans about a scam involving Uniform Commercial Code (UCC) documents. According to Chattanoogan.com, as part of the scam, citizens receive an official-looking mailer from TN UCC Statement Service, incorrectly implying businesses or individuals must obtain a copy of a UCC-1 financing statement filed against them. Hargett says that the mailing is intended to “trick borrowers into paying excessive costs to obtain a document they will likely never need.” The UCC is a comprehensive set of laws governing sales or other commercial transactions. A UCC-1 financing statement is a legal form that creditors use to give notice that they have a lien on an asset of a debtor. Hargett is encouraging anyone who receives this mailing to report it to the Division of Business and Charitable Organizations and the Tennessee Attorney General’s office.

Posted by: Stacey Shrader Joslin on Jan 29, 2024
News Type: Legal News

A Wilson County woman has reached a settlement with Rutherford County and members of the Rutherford County Sheriff’s Office after she sued for being forced to remove her hijab for a booking photo at the county detention center. The Tennessean reports that the county has agreed to update its booking and jail policies to accommodate religious attire, delete Johnston’s booking photos and all video footage in which she was depicted without wearing her hijab, and pay her $100,000. The updated booking policy states that “arrestees and citation recipients are not required to remove religious head coverings for booking photos as long as the view of the face and profile are not obstructed by religious attire.”

Posted by: Stacey Shrader Joslin on Jan 29, 2024

The Tennessee Department of Revenue has announced that it is extending the franchise and excise tax filing and payment deadlines to June 17 for businesses impacted by the December 2023 storms. This extension will automatically apply to any businesses in the designated disaster area. The department also says it will approve extensions for other types of taxes on a case-by-case basis for these taxpayers. Learn more about this benefit. In addition, Tennessee residents impacted by these storms are potentially eligible for sales tax refunds on items such as home appliances, home furniture and home building supplies. Read more about applying for those benefits.

Posted by: Stacey Shrader Joslin on Jan 29, 2024
News Type: Legal News

Ogletree Deakins has named Nashville attorney Liz Washko as the firm’s new managing shareholder. Washko, who led the Nashville office from 2010-2018, is the first woman to serve in the role. She replaces Matt Keen, who served in the position for eight years. For more than three decades, Washko has represented management in a wide variety of employment matters. She co-founded the firm’s Pay Equity Practice Group in 2016 and served as co-chair until her appointment as managing shareholder. Read more in a release from the firm.

Posted by: Stacey Shrader Joslin on Jan 29, 2024
News Type: Legal News

Applications are now being accepted for the 2024 Reporters Workshop. Sponsored by TBA’s Communications Law Section, the program will be held in person April 19-20 in Nashville. Organizers will select 15 print, online, television and/or radio journalists who want to develop a deeper understanding of media law issues that may affect their everyday work, including access to government information, defamation and privacy concerns in reporting, and other timely topics. Journalists interested in attending should apply before 5 p.m. CST on March 4. Read more about the program or see a draft schedule. Tennessee lawyers are encouraged to share this opportunity with members of the media with whom they have relationships.

Posted by: Stacey Shrader Joslin on Jan 26, 2024
News Type: Legal News

In a letter sent to the legislative leaders, the Board of Judicial Conduct has recommended the removal of Shelby County Criminal Court Judge Melissa Boyd. The Commercial Appeal reports that the formal action follows the board’s notice to the General Assembly last fall that Boyd had received a second public reprimand. In the letter, the board summarizes allegations of substance abuse and harassment as well as Boyd’s failure to comply with agreements with the board and says, “Judge Boyd is solely responsible for the untenable situation she has created for herself, the judiciary and the public,” concluding that “there is no end in sight but for her removal." Read the letter.

Posted by: Stacey Shrader Joslin on Jan 26, 2024
News Type: Legal News

Curtis L. Collier, U.S. district judge for the Eastern District of Tennessee, writes in a Chattanoogan.com opinion piece about U.S. Supreme Court Chief Justice John Roberts’ 2023 Year-End Report on the Federal Judiciary. Collier, who serves as chair of the district’s Civics and Outreach Committee, says the report showcases “the remarkable steadfastness of the federal courts in the face of societal and technological change.” He highlights the courts’ adaptation to ever changing technology, including giving citizens more opportunities to follow the work of the judicial system, while remaining true to fundamental principles of justice, fairness and the rule of law. Collier was joined in the op ed by his law clerks Carrie Brown Stefaniak and Erienne Reniajal Lewis.

Posted by: Liz Slagle Todaro on Jan 26, 2024

TBA President Jim Barry recently sent a letter to Gov. Bill Lee, Lt. Gov. Randy McNally, House Speaker Cameron Sexton and members of the Tennessee General Assembly, urging support for the Tennessee Supreme Court's request to increase funding for court-appointed attorneys representing the indigent. The TBA's letter points to the "significant impact" indigent representation has on the judicial system, and commits to giving this issue its full support in discussions with the General Assembly: "This situation has resulted in a crisis in our legal system, and especially in the juvenile courts. Nearly half of all cases requiring court-appointed attorneys are in juvenile court and involve families and children, such as adoptions, dependency and neglect allegations, reports of child abuse, proceedings to terminate parental rights, and a vast number of cases in which the interests of a child or other vulnerable person are protected by a guardian ad litem." Read the full text of the letter. Learn more about funding for indigent representation and how Tennessee lawyers can join these efforts from TBA's Government Affairs team.

Posted by: Stacey Shrader Joslin on Jan 26, 2024
News Type: Legal News

The American Bar Association’s (ABA) Section of Legal Education and Admissions to the Bar is seeking comments on two proposals regarding the accreditation of fully online law schools, the ABA Journal reports. The proposed changes to Standards 102 and 306 would allow these schools to seek provisional and full ABA accreditation. Under the current standards, law schools must already be accredited to apply for either partial or full online operations. The comment period will run for 60 days with additional comment periods possible. In a memo explaining the process, the section’s Strategic Review Committee (SRC) writes: “Because of the significance of this change and the potential for disruption to existing schools, the SRC anticipates that this proposal may go through more than one round of notice and comment.”


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