TBA Law Blog


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Posted by: Paul Burch on Aug 1, 2023

Federal judicial officials warned that pending appropriations legislation in Congress would have "detrimental impacts ... on the administration of justice and the functioning of the federal courts if enacted," reports Reuters. In letters made public today, the Judiciary Conference expressed deep concern that the current proposed allocations could force elimination of hundreds of jobs, including in federal public defender offices and for probation and pretrial services as well as cutbacks to cybersecurity improvements. Though the current bills would give the court system a modest overall increase in funding, it is less than the judicial branch's requested 8% increase.

Posted by: Barry Kolar on Jul 31, 2023
News Type: Legal News

The American Bar Association (ABA) today named Alpha M. Brady as the association’s new executive director. Brady, the first person of color to lead the ABA, has been serving as interim executive director since the departure of former Executive Director Jack Rives in March. She joined the ABA staff in 1988 and rose through the ranks at the association before being named deputy executive director in 2022. “During our search, we evaluated many outstanding candidates," Search Committee Chair Palmer Gene Vance II said. "Alpha Brady, with her long history within the ABA and her abundant talents as a leader, stood out as clearly the best.”

Posted by: Paul Burch on Jul 31, 2023
News Type: Legal News

A precautionary lockdown was ordered for Memphis-Shelby County Schools today after an armed man attempted to enter and then fired a weapon outside the Margolin Hebrew Academy-Feinstone Yeshiva of the South, the Daily Memphian reports. Memphis Police Department Chief Cerelyn "CJ" Davis said officers later located the man's vehicle and conducted a traffic stop. He was fired on by officers as he exited the vehicle with his gun out. The suspect is in critical condition and has been transported to Regional One. The Tennessee Bureau of Investigation is investigating the shooting.

Posted by: Paul Burch on Jul 31, 2023
News Type: Legal News

The West Alabama Women's Center and the Alabama Women's Center sued the state in federal court today to block Alabama from prosecuting people who help others travel out of state to get abortions, reports Reuters. The Yellowhammer Fund, an abortion advocacy group, filed a similar lawsuit. Both lawsuits argue that any such prosecution would violate a basic right to travel between states under the U.S. Constitution and cite remarks made by Alabama Attorney General Steve Marshall in an August 2022 radio interview that Alabamans who help others travel to states where abortion is legal could be prosecuted as criminal accomplices. 

Posted by: Paul Burch on Jul 31, 2023

The Department of Justice (DOJ) and the Office of the U.S. Trustee asked the U.S. Supreme Court on Friday to halt Purdue Pharma from proceeding with a bankruptcy settlement that protects the company’s owners, the Sackler family, from lawsuits, reports Reuters. The DOJ argued that Purdue should not be allowed to move forward with its restructuring before the Supreme Court weighs in on legal protections for non-bankrupt entities, an issue that has divided bankruptcy courts across the U.S. Last week, an appeals court ruled that Purdue may proceed with a plan approved in May that would shield the Sacklers from opioid related lawsuits in exchange for a $6 billion contribution to the company's broader bankruptcy settlement.

Posted by: Julia Wilburn on Jul 28, 2023
News Type: Legal News

Federal prosecutors on Thursday accused former Tennessee state senator Brian Kelsey of intentionally delaying his sentencing after he unsuccessfully attempted to withdraw his guilty plea in his federal campaign finance laws case. Kelsey, a Republican from Germantown, has engaged his third set of attorneys in the matter, prompting Assistant U.S. Attorney Amanda Klopf to compare switching up attorneys to “throwing a wrench in the gears again.” The Associated Press reports that Judge Waverly Crenshaw has set Kelsey's new sentencing date for Aug. 11.

Posted by: Stacey Shrader Joslin on Jul 28, 2023

The Tennessee Bar Association Academy offers an exciting opportunity for a limited number of Tennessee attorneys to be admitted to practice before the U.S. Supreme Court. The 2023 admission ceremony will take place Dec. 5 at the court in Washington, D.C. In addition to taking part in the private ceremony, participants will be invited to a TBA President's Reception and a special celebration dinner, and will receive three hours of prepaid credits to use for future CLE programming. The group will stay at the Hay Adams Hotel, where a block of rooms has been reserved at the discounted rate of $359 a night. The cost to register is $725 for TBA members and $300 for their guests. Those interested in participating should complete this online form by Aug. 7. Applicants will be considered on a first-come basis and will be contacted to confirm their interest and complete the application process.

Posted by: Julia Wilburn on Jul 28, 2023

A new Tennessee law now in effect adds new requirements before a student can receive corporal punishment at school. News Channel 9 in Chattanooga reports that under HB 0995/SB 0972, before any kind of corporal punishment can happen, teachers are required to have acted to address the student’s behavior, provided consequences to the student, consulted with the student’s parents about their behavior and considered the need to evaluate whether the student has a disability. Corporal punishment against a student with a disability is prohibited unless the punishment is permitted by the local education agency and the parent agrees in writing.

Posted by: Julia Wilburn on Jul 28, 2023
News Type: Legal News

A new study, published in the Illinois Law Review, finds that the majority of incoming law students are not able to accurately predict their grades. Reuters reports that 95% of the more than 600 surveyed students believed they would end up in the top half of the class, while more than 22% of students predicted they would be in the top 10%. Study authors surveyed incoming law students at the school about their expected class rank between 2014 and 2019, then compared those predictions with their actual rank at the end of their first year.

Posted by: Julia Wilburn on Jul 28, 2023
News Type: Legal News

Tennessee residents who have felony convictions and want to vote now must obtain a pardon or have all citizenship rights restored, and show they have paid all restitution and court costs from their conviction, and are current on child support payments, according to guidance from the state coordinator of elections. The Tennessee Lookout reports that the guidance from Coordinator of Elections Mark Goins applies to people convicted in Tennessee, another state or in federal court. The policy builds upon a June 29 ruling by the Tennessee Supreme Court on the voting rights of Ernest Falls, who currently lives in Tennessee and was convicted and then granted clemency in Virginia.


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