TBA Law Blog


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Posted by: Julia Wilburn on Aug 11, 2023

Retired Coffee County Circuit Court Judge Vanessa Jackson was recently named by the Tennessee Supreme Court as the first female senior judge. The Tullahoma News reports that Jackson is one of seven senior judges, each having held an elected judicial position to qualify for the appointment. A senior judge presides over cases when judges have recused themselves, have an extended illness or face an extra heavy caseload.

Posted by: Julia Wilburn on Aug 11, 2023
News Type: Legal News

A legal battle has erupted in the East Tennessee community of Lone Mountain Shores in New Tazewell, pitting neighbors against each other over whether vacation rentals like Airbnb should be allowed in their residential area. The community's homeowners association (HOA) board initiated a lawsuit against homeowners who rented their properties to vacationers, resulting in countersuits and personal accusations. Knoxville News Sentinel reports that the dispute highlights differing perspectives on the impact of renters, with anti-renters expressing concerns about disturbances and property damage, while pro-renters have emphasized the positive aspects of tourism. The legal challenge raises questions about HOA authority and could set a precedent for short-term rental regulations.

Posted by: Julia Wilburn on Aug 11, 2023

Gov. Bill Lee's decision to focus a special legislative session on new and stricter penalties for children and teens within Tennessee's juvenile justice system has sparked criticism from juvenile judges and youth advocates, the Tennessee Lookout reports. The plan, which could send kids to adult courts and prisons and limit confidentiality of juvenile records, does not address the root causes of violence such as occurred at the Covenant School, critics say. They also note that youth crime in the state has declined significantly.

Posted by: Julia Wilburn on Aug 11, 2023
News Type: Legal News

Vanderbilt University Medical Center (VUMC) is currently under federal investigation by the U.S. Department of Health and Human Services for turning over the medical records of transgender patients to Tennessee's attorney general. The investigation follows lawsuits filed by two patients who claimed their records were shared without consent. The Associated Press reports that VUMC has faced criticism for delays in notifying affected patients and for the release of private information, further fueling concerns amid the state's legislative actions targeting transgender care. 

Posted by: Julia Wilburn on Aug 11, 2023
News Type: Legal News

Tennessee is grappling with a severe stolen guns epidemic, with a staggering rise in firearms taken from cars, resulting in heightened concerns about public safety. A law enacted to deter gun theft by imposing tougher penalties is facing criticism due to its limited effectiveness in the court system. The Tennessean reports that, despite the legislation's intention to curb crime, many felony gun theft charges have been dropped, highlighting challenges in proving these cases and a lack of witnesses. As lawmakers seek solutions, proposals for penalties against gun owners who leave firearms in cars have sparked debates over a balance between accountability and victimization.

Posted by: Julia Wilburn on Aug 11, 2023
News Type: Legal News

In Memphis, Central High School educators Roland Wilson and Mary McIntosh are two of six plaintiffs taking a stand against Tennessee's "prohibited concepts" law. The law, enacted in 2021 amid debates around teaching critical race theory, restricts discussions on race and gender in classrooms. Wilson, a choir director known for his innovative teaching of African American spirituals, and McIntosh, a history teacher, argue that the law impedes their ability to provide a comprehensive understanding of American history. The Daily Memphian has the story.

Posted by: Paul Burch on Aug 10, 2023
News Type: Legal News

The Board of Claims voted earlier this month to award Adam Braseel $1 million for his wrongful imprisonment, reports the Chattanooga Times Free Press. Braseel served over 13 years for murder before being exonerated by Gov. Bill Lee in 2021. Braseel’s civil suit against the county government and officers of the sheriff’s department is pending.

Posted by: Paul Burch on Aug 10, 2023
News Type: Legal News

A Germantown attorney filed a lawsuit Monday claiming the city failed to fulfill a public records request for documents related to last month’s diesel fuel spill, reports the Commercial Appeal. Residents first reported smelling diesel fuel in their water on July 20. Shortly after, the city issued an alert warning all residents to avoid city tap water. Officials initially said the diesel spill was around 100 gallons but later upgraded to "no more than 300 gallons.”

Posted by: Paul Burch on Aug 10, 2023
News Type: Legal News

Julian Mann III, a former chief administrative law judge for North Carolina, today was named chair of the American Bar Association’s Judicial Division. Mann previously served 32 years as the state’s chief administrative law judge and director of the office of administrative hearings. In 2021, Mann received the Friend of the Court Award, the highest award bestowed by the state’s judicial branch, and the Order of the Longleaf Pine, the highest award for state service.

Posted by: Paul Burch on Aug 10, 2023
News Type: Legal News

A three-judge panel of the 5th U.S. Circuit Court of Appeals ruled yesterday that a law prohibiting users of illegal drugs from owning firearms was unconstitutional, reports Reuters. Citing a landmark 2022 U.S. Supreme Court decision, the panel concluded that the original 1968 law violated the defendant's right to "keep and bear arms" under the U.S. Constitution's Second Amendment.


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