TBA Law Blog


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Posted by: Stacey Shrader Joslin on Aug 25, 2023
News Type: Legal News

Three Tennessee lawyers recently were honored by national legal organizations. Former TBA President Danny Van Horn was named a new member of the American Law Institute, which works to refine, clarify and improve the practice of law. Van Horn practices in the Memphis office of Butler Snow. In addition, Chattanooga attorney Justin Faith was named a fellow of the American Bar Foundation, which conducts research on law, legal processes and legal institutions. Faith practices with Gearhiser, Peters, Elliott & Cannon. Finally, Nashville lawyer Junaid Odubeko was reappointed co-chair of the American Bar Association Litigation Section's Privacy and Data Security Committee. He practices at Bradley Arant Boult Cummings.

Posted by: Julia Wilburn on Aug 25, 2023
News Type: Legal News

The corruption trial of former Tennessee House Speaker Glen Casada and his Chief of Staff Cade Cothren has been rescheduled from October to March 5, 2024, following their request for more time to review evidence. The pair is alleged to have engaged in a kickback scheme through Cothren's company, Phoenix Solutions, which profited from House members' mailers. Former Rep. Robin Smith, who was involved in the case, has pleaded guilty and is cooperating with authorities. Additionally, former Sen. Brian Kelsey is appealing a 21-month prison sentence for federal campaign finance violations. The Tennessee Lookout reports on both developments.

Posted by: Julia Wilburn on Aug 25, 2023
News Type: Legal News

Tennessee conservatorship attorneys are reflecting on the "unusual nature" of the conservatorship at the center of Michael Oher's lawsuit against Shaun and Leigh Anne Tuohy. The Washington Post reports that local experts agree the choice of a conservatorship was, at the very least, unusual when there are other options available, and possibly more appropriate to the situation. Patrick McKenrick, a Knoxville attorney and adjunct professor at the University of Tennessee College of Law says, "Tennessee conservatorships were designed for people with mental or physical disabilities," but in the 2004 filing, the Tuohys acknowledge Oher has no known disabilities.  Nashville attorney Barbara Moss says there are "several other 'unusual' aspects of the conservatorship agreement, including a request that Oher be declared 'a resident member of [the Tuohys’] household' as part of the conservatorship." Moss noted that it was also “strange” that the petition was signed by an out-of-state attorney, a family friend of the Tuohys who was later listed as Oher's attorney in the contract for "The Blind Side" movie.

Posted by: Julia Wilburn on Aug 25, 2023
News Type: Legal News

Fifty years ago, around 39,000 children in Memphis, roughly a third of the city's schools population, were instructed to integrate racially by transferring to new schools via a busing initiative known as Plan Z. This was an expansion of the earlier Plan A, aiming to integrate schools following the 1954 Brown vs. Board of Education decision. However, Plan Z resulted in unintended consequences, with many white students leaving the system for private schools, leading to shifting demographics and development patterns in the city. The Daily Memphian is marking this anniversary with an oral history series, examining the impact of busing from various perspectives.

Posted by: Julia Wilburn on Aug 25, 2023
News Type: Legal News

In a letter to Administrative Office of the U.S. Courts (AOC) Director Roslynn Mauskopf, the judicial watchdog group Fix the Court says that 31 U.S. federal appeals court judges have attended privately-funded seminars at luxury resorts on 76 occasions since 2021. Reuters reports that the group claims these seminars appear more like paid vacations than educational events. Fix the Court argues that the luxury nature and ideological content of the events may conflict with ethical guidelines. It urges further financial transparency and investigation into the events by the AOC.

Posted by: Julia Wilburn on Aug 25, 2023
News Type: Legal News

The U.S. Postal Service (USPS) is honoring the legacy of U.S. Rep. John Lewis, D-Georgia, in the form of a Forever Stamp, which was unveiled in Nashville Thursday at the American Baptist College, where Lewis went to school in 1957. “It’s historically powerful that on this spot, this place, the unveiling of a stamp honoring John Lewis would take place where he got his humble beginnings as a public servant,” Dr. Forest E. Harris Sr., president of the American Baptist College, said. WKRN reports that before he spent decades in Congress, Lewis was originally introduced to the Civil Rights Movement and the principles of nonviolent protest in Nashville, organizing sit-in demonstrations at segregated lunch counters in town. In addition, Action News 5 reports that the USPS Forever Stamp honoring the late U.S. Supreme Court Justice Ruth Bader Ginsburg will be unveiled at the National Portrait Gallery in Washington, D.C., and be available for sale on Oct. 1.

Posted by: Stacey Shrader Joslin on Aug 24, 2023
News Type: Legal News

Family, friends and supporters of Tennessee Supreme Court Justice Sharon G. Lee were in Knoxville last week for the unveiling of her official portrait at the Supreme Court Building. The event was live streamed and the archived video can be viewed on the court’s YouTube page. Lee will retire on Aug. 31. She has served as a Supreme Court justice since 2008 and previously served on the Court of Appeals. Her portrait is the first portrait of a female justice to hang inside any of the Tennessee Supreme Court's three courtrooms. Read more about the ceremony and see photos on the Administrative Office of the Court's website.

Posted by: Stacey Shrader Joslin on Aug 24, 2023
News Type: Legal News

The Biden administration officially launched its new income-driven student loan repayment plan for borrowers Tuesday, The Hill reports. The official launch of the Saving on a Valuable Education (SAVE) plan comes just weeks before interest will begin to accrue on student loans for the first time in more than three years. The application to participate in the program is online.

Posted by: Stacey Shrader Joslin on Aug 24, 2023
News Type: Legal News

A group of Williamson County parents, represented by lawyer and state Rep. Gino Bulso, R-Brentwood, is turning to the courts to try to remove five books from middle and high school libraries. The Tennessean reports that the group filed a petition in Williamson County Chancery Court, accusing the county's board of education of violating a state law passed in 2022 that requires school boards to review library materials and remove those deemed inappropriate for students. The board voted 8-2 during its June 19 meeting to keep the books. The parents argue that the board did not actually evaluate the five books or adopt an adequate procedure for reviewing library collections as required by the law.

Posted by: Stacey Shrader Joslin on Aug 24, 2023

The Advisory Commission on the Rules of Practice & Procedure has presented its annual recommendations for rules changes to the Tennessee Supreme Court, which is now soliciting comments on the proposals. This year's package includes two proposed changes to the Tennessee Rules of Appellate Procedure: adding a comment to Rule 30 that all appellate court electronic filings are governed by Tenn. S. Ct. Rule 46 and changing Rule 31 regarding the brief and oral argument of an amicus curiae. The commission also proposed one change to the Rules of Civil Procedure, which would amend Rule 43.01 to allow witness testimony to be presented using audiovisual transmission from a remote location. Written comments on the proposed changes are due by Nov. 22. Submissions should reference Docket Number ADM2023-01208.


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