TBA Law Blog


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Posted by: Paul Burch on May 25, 2023
News Type: Legal News

The Clarksville-Montgomery County School System (CMCSS) filed a lawsuit today against social media companies seeking "actionable accountability, tools and resources" to address the negative impact of social media on children, reports the Tennessean. Social media companies included in the suit include Facebook, Instagram, TikTok and YouTube. CMCSS is the seventh-largest school district in Tennessee with 43 schools and more than 38,000 students. The Leaf Chronicle reports that the county school system is being represented by Tennessee law firm Lewis Thomason and California-based firm Frantz Law Group.

Posted by: Paul Burch on May 25, 2023
News Type: Legal News

Nashville Chancellor I'Ashea Myles ruled yesterday that Covenant School, Covenant Presbyterian Church and a group of Covenant parents may intervene in lawsuits filed against Metro Nashville seeking records related to the shooting at Covenant School in March. Myles also ruled the parents may continue pseudonymously in the case to protect the identities of their children. The school and church had requested the intervention to prevent release of sensitive security information or inspiring "copy-cat perpetrators," reports the Tennessean. Their attorneys also argued the release of the records could further traumatize the school’s children.

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

Two University of Tennessee College of Law professors received honors last month from the school for accomplishments in academic work. Professor Wendy Bach received the Jefferson Prize, which is awarded annually to a tenured or tenure-track faculty member who has demonstrated excellence in research and creative activity. Bach focuses her work on clinical legal education and poverty law. Associate Professor Joy Radice received the Excellence in Academic Outreach Award, which honors those who exemplify the school’s mission by using intellectual capital to benefit the citizens of Tennessee. Her focus is on the intersection of criminal law and the administrative state, and the gap in access to civil counsel.

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

The Nashville office of Lieff Cabraser Heimann & Bernstein hosted a reception earlier this month for women trial lawyers from across the country who were in town for the “A Class Of Our Own” conference. The conference was produced by Epiq and sponsored, in part, by the firm. Topics included eDiscovery, mass torts, consumer actions and other complex litigation matters. The reception was held at the firm’s downtown Nashville office. See photos from the Nashville Post.

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

The Sixth Circuit U.S. Court of Appeals has become the second court to reject a lenient standard that federal judges generally use to determine whether to certify wage-and-hour collective actions under the Fair Labor Standards Act (FLSA). Bloomberg Law reports that the court “in a splintered decision” set precedent by establishing a new, higher evidentiary standard that workers must meet when seeking to resolve their claims as a group rather than individually in FLSA actions.

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

A federal judge in Memphis on Friday continued to temporary block release of more video footage and records in the investigation into Tyre Nichols’ death, though he did show willingness to make information public so long as it does not interfere with the trials for five police officers facing charges. The Associated Press reports that Shelby County Criminal Court Judge James Jones Jr. directed prosecutors to outline the information they think should and should not be released and then give the list to defense attorneys. At issue is additional video footage and about 2,500 pages of documents.

Posted by: Stacey Shrader Joslin on May 24, 2023

Elk Valley Times writers Lora Scripps and Wanda Southerland will receive the Fourth Estate Award during the Tennessee Bar Association’s annual convention in Knoxville. The award will be presented at the Lawyers Luncheon on June 16. Scripps, the paper's general manager and editor, and Southerland, one of its reporters, are being recognized for six months of reporting on the Lincoln County mayor’s decision to exclude Jack Daniels from certain planning and zoning requirements, including site plans, permitting and fees. The move comes as local residents express concern about “whiskey fungus” created by unregulated barrel houses. The Fourth Estate Award was established to recognize and encourage journalists who promote public understanding of the rule of law and improvements in our system of justice through their vigorous exercise of their First Amendment rights. Read TBA’s full release on the award.

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

The Chattanooga Bar Association held its annual Law Day event last week. Belmont University College of Law Dean Alberto R. Gonzales gave the keynote address. Gonzales previously served on the Texas Supreme Court, as White House as counsel to the president and as U.S. attorney general. The group also presented its 2023 Liberty Bell Award to Allen Branum, a former sheriff of Hamilton County. He previously served as an officer and then chief of police with the Soddy-Daisy Police, as a member of the Soddy-Daisy Board of Commissioners and as mayor of the city. He was honored for his long service to the community. See a photo from the event.

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

Two University of Tennessee College of Law professors received honors this month from the school for accomplishments in academic work. Professor Wendy Bach received the Jefferson Prize, which is awarded annually to a tenured or tenure-track faculty member who has demonstrated excellence in research and creative activity. Bach focuses her work on clinical legal education and poverty law. Associate Professor Joy Radice received the Excellence in Academic Outreach Award, which honors those who exemplify the school’s mission by using intellectual capital to benefit the citizens of Tennessee. Her focus is on the intersection of criminal law and the administrative state, and the gap in access to civil counsel.

Posted by: Paul Burch on May 23, 2023
News Type: Legal News

Nashville District Attorney Glenn Funk said Tuesday that his office will not pursue charges against Metro Nashville Police Officer Kendall Coon in the fatal police shooting of music producer Mark Capps and is asking the Tennessee Bureau of Investigation to close the review, the Tennessean reports. In a letter obtained by the Tennessean, Funk wrote TBI agent James Scarbro that Coon's actions were reasonably necessary considering the facts and circumstances in the case. Coon was one of three Nashville SWAT officers who were attempting to serve aggravated assault and kidnapping warrants to Capps at his home after Capps had allegedly held his wife and stepdaughter at gunpoint the previous night.


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