TBA Law Blog


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Posted by: Stacey Shrader Joslin on Mar 13, 2023
News Type: Legal News

Almost four months after the first law school said it would pull out of U.S. News’ annual graduate school rankings, and now with more than 20% of the nation’s law schools joining that boycott, the publication is going on the offensive. In a Wall Street Journal opinion piece, Eric Gertler, executive chairman and CEO of U.S. News & World Report, accused the schools of gatekeeping information that prospective students need to make informed decisions. Absent its rankings, it will be difficult for students to find accurate, comprehensive information that empowers them to compare institutions and identify the factors that matter most to them, Gertler writes. Read excerpts from the piece in Above the Law.

Posted by: Stacey Shrader Joslin on Mar 13, 2023

Just days after Gov. Bill Lee signed a bill that will cut Nashville's council in half, the city has filed a lawsuit against the state claiming the law violates the Tennessee Constitution and the rights of Davidson County voters. It also has filed a motion for injunction, asking the court to halt the law’s implementation to allow local elections in August to proceed as originally planned. In the suit, Metro argues the new law dismantles the government established by voters when Davidson County and Nashville consolidated in the early 1960s, violating the home rule amendment of the state Constitution. The suit also argues that the statute's proposal to extend current council members' terms should Metro not meet a May 1 redistricting deadline violates a state constitution provision mandating four-year terms for county legislators. The suit will be heard by a panel of three judges. The Tennessean has more on the issue.

Posted by: Julia Wilburn on Mar 10, 2023
News Type: Legal News

Dedra Brown, Elizabeth Luminoso and Kimberly Trotter, all 3Ls at Lincoln Memorial University Duncan School of Law, have been nominated as spring 2023 fellows to work alongside the American Bar Association Legal Education and Police Practices Consortium. Trotter is the newest LMU Law addition to the fellowship, as Luminoso and Brown both participated as fall 2022 fellows. The consortium is a collaboration of approximately 60 law schools across the country. Its mission is to collaborate with law schools “to advance the practice of policing, promote racial equity in the criminal legal system, and eliminate policing tactics that are racially motivated or have a disparate impact based on race.” The fellows will help advance these goals by forming connections in the Knoxville law enforcement community, gathering information on local police practices, and assisting in the research efforts of the consortium.

Posted by: Julia Wilburn on Mar 10, 2023
News Type: Legal News

Attorney Matt Wilson was confirmed yesterday by the General Assembly as the newest member of the Tennessee Court of Criminal Appeals – Western Section. Wilson was appointed by Gov. Bill Lee in January after a lengthy application process that included a public hearing. He fills the vacancy left after the passing of Judge John Everett Williams in September 2022. Wilson was sworn in as a judge immediately after his confirmation. He has most recently served as an assistant U.S. attorney for the Western District of Tennessee, a position he has held since 2011.

Posted by: Julia Wilburn on Mar 10, 2023

TBA’s Legislative Updates podcast is new with TBA Director of Public Policy & Government Affairs Berkley Schwarz and Adams and Reese attorney and TBA lobbyist, Brad Lampley. This week they discuss HB1162/SB775, the Tennessee Revised Uniform Arbitration Act; TBA's two adoption law bills, HB854/SB919 and HB855/SB921HB647/SB1313, TBA's medical records bill; HB40/SB122, legislation prohibiting foreign ownership of real property by nonresident aliens; HB795/SB283 the "Guns in the Courthouse" bill; and HB1177/SB710, the Tennessee Domestic Relations Arbitration Act. The program airs each week during the session on TBA’s Facebook page. It is also released as a podcast on the same day and can be found on the TBA’s website or wherever you listen to podcasts. 

Posted by: Julia Wilburn on Mar 10, 2023

The Tennessee Bar Association and Tennessee’s American Inns of Court are now accepting nominations for the 2023 Judge Pamela L. Reeves Tennessee Professionalism Award. The annual award is presented to a lawyer or judge whose life and practice display sterling character and unquestioned integrity, coupled with ongoing dedication to the highest standards of the rule of law and the highest standards of the legal profession in Tennessee. The award will be presented to a lawyer or judge residing in the grand division of the state where the TBA's Annual Convention is held (this year, the East Grand Division). Nominees must be alive when their nomination is submitted but need not be an active member of an American Inn of Court or the TBA. The award will be presented at the TBA's Annual Convention, which will be held in Knoxville June 14-16. The deadline for submitting nominations is April 5.

Posted by: Stacey Shrader Joslin on Mar 9, 2023
News Type: Legal News

Hamilton County District Attorney Coty Wamp says a new state law on children at drag and stripper shows is "not that complicated." She issued the following statement today in response to questions about enforcement of the legislation. “This piece of legislation is not as complex as some are making it. First, the law specifically states that it is an offense for a ‘person’ to engage in the listed conduct. Therefore, inquiries as to whether businesses or venues can be prosecuted is not applicable per the legislation itself. The state of Tennessee through District Attorneys General pursues prosecution against persons, not entities. Further, the legislature specifically included the language ‘appeals to a prurient interest’ … in order to shield individuals who may be acting or playing a role in a performance that has no sexual connotation.” Read the full statement on Chattanoogan.com.

Posted by: Stacey Shrader Joslin on Mar 9, 2023
News Type: Legal News

The Tennessee Attorney General’s Division of Consumer Affairs announced the top 10 complaint categories for 2022. The division reports that it received a total of 8,088 formal consumer complaints last year. The greatest number of complaints centered around home improvements, repairs and warranties followed by issues related to landlord/tenant, health services and products, debtor/creditor, personal & professional services, Internet sales, motor vehicle sales, motor vehicle repairs, utilities, and imposter scams. Read more about each category and how the number of complaints in 2022 compared to those in 2021.

Posted by: Stacey Shrader Joslin on Mar 9, 2023

The Senate voted 23-7 today to give final approval to a measure capping local metropolitan governing bodies at 20 members and Gov. Bill Lee promptly signed it. The bill, HB48/SB87, had cleared the House yesterday. Its effect will be to cut the Nashville Metro Council from 40 members to 20. The law calls for new districts to be drawn in time for elections in August. If that is not possible then current council members’ terms would be extended by a year. Legal challenges to the new law are widely expected, the Tennessee Journal reports.

Posted by: Stacey Shrader Joslin on Mar 9, 2023
News Type: Legal News

Two longtime former deputies in the Davidson County Circuit Court Clerk’s office allege in a lawsuit filed this week that their dismissals in 2022 were politically motivated, the Nashville Post reports. Veronica Edmondson and Annecia Donigan name former Davidson County Circuit Court Clerk Richard Rooker, current Circuit Court Clerk Joseph Day and the Metro Government in their suit. Rooker announced in 2021 that he would not seek another term as clerk and supported his deputy, Joseph Day, for the post. According to the lawsuit, Rooker asked court staff to support Day and said “they were expected to work on the campaign.” He also is alleged to have said that those who did not support Day “would no longer have positions after the election.” Both Edmondson and Donigan say they did not support Day and were terminated because of that.


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