TBA Law Blog


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Posted by: Barry Kolar on Feb 15, 2023

Plan now to take part in the Tennessee Bar Association’s TBA Day on the Hill on March 22. The event gives TBA members an opportunity to meet with their legislators and talk to them about issues important to the profession, such as the professional privilege tax and funding for indigent representation. Activities begin with a luncheon, followed by meetings with legislators in the afternoon, and the annual Big Shrimp legislative reception that night. Sign up now to take part.

Posted by: Stacey Shrader Joslin on Feb 15, 2023
News Type: Legal News

The American Bar Association recently released a list of lawyers across the country who achieved the distinction of ABA Free Legal Answers Pro Bono Leader in 2022. The group of 140, which includes nine lawyers in Tennessee, handled the most pro bono questions through the ABA Free Legal Answers portal. Lawyers had to answer at least 50 civil legal questions to be included. Tennessee lawyers recognized are: Kevin D Balkwill, Ethics Law PLLC; Richard B. Gossett; Bryan C. Hathorn; Samantha Lunn, Law Offices of Samantha A. Lunn; Mary Jo Middlebrooks, Middlebrooks & Gray; Bruce A. Ralston, Law Office of Bruce A. Ralston; Carl E. Seely, Divorce Incorporated; and Yasmin K. Stiggons and Brian M. Wetzstein, Husch Blackwell. Five law firms with offices in Tennessee also were recognized for answering at least 75 questions in 2022: Butler Snow, Husch Blackwell, Jackson Lewis, and Nelson Mullins Riley & Scarborough. See the full lists.

Posted by: Stacey Shrader Joslin on Feb 15, 2023
News Type: Legal News

Human rights experts with the United Nations’ Independent Expert Mechanism to Advance Racial Justice and Equality in Law Enforcement (EMLER) say they have grave concerns with the death of Tyre Nichols, the Commercial Appeal reports. While acknowledging the quick arrest of the officers involved, the group said in a statement that “The horrifying footage of [the] beating is an alarming reminder of the urgent need of genuinely new approaches to traffic safety, traffic stops, and public safety more broadly." EMLER officials plan to visit the United States in April to work with government officials and stakeholders to address police brutality. Last week, Nichols’ family filed an urgent appeal asking the United Nations to condemn Nichols’ death. The Hill has more on that story.

Posted by: Stacey Shrader Joslin on Feb 14, 2023
News Type: Legal News

The Tennessee Attorney General’s Office is warning consumers to be wary of romance-related scams after the Federal Trade Commission released new data that scams cost consumers $1.3 billion in 2022. Most commonly, scammers tell consumers they need money because a friend or relative is sick, hurt or in jail. The second most reported lie was that the scammer had investment advice to share. Now data shows a growing tactic of soliciting explicit photos and then threatening to share them once received unless payment is made. This new “sextortion” appears to target younger consumers, with most complaints coming from those ages 18-29. Get details on how to spot and report a scam.

Posted by: Stacey Shrader Joslin on Feb 14, 2023
News Type: Legal News

The U.S. District Court for the Eastern District of Tennessee and the Chattanooga Chapter of the Federal Bar Association have launched the Fifth Annual Civics Essay Contest for middle and high school students. This year’s contest focuses on the question of whether race should be a factor in college admissions. The contest is open to public, private and home school students in sixth to 12th grades in 17 counties. Entries must be submitted by March 22 to Civics Essay Contest, attention Kelly L. Walsh, U.S. Courthouse, 900 Georgia Ave., Chattanooga, TN 37402 or by email to chattcivicsessay@gmail.com. Get more details from Chattanoogan.com or the court's website. For questions, contact Kelly Walsh, 423-386-3523.

Posted by: Stacey Shrader Joslin on Feb 14, 2023
News Type: Legal News

Two of the Memphis police officers who attacked Tyre Nichols last month had previous allegations of misconduct levied against them. Preston Hemphill received two written reprimands while serving as police service technician. The reprimands came after incidents involving rough or careless handling of equipment and damage to a motor vehicle. The Daily Memphian reported the news after accessing personnel files from the city’s human resources department. In addition, before he joined the police force, Demetrius Haley was accused of taking part in the savage beating of a Shelby County inmate. The Associated Press reports it is not clear if Haley was disciplined or cleared of the allegation.

Posted by: Stacey Shrader Joslin on Feb 14, 2023
News Type: Legal News

The Nashville Scene takes a look at the new book from former Tennessee Bar Journal Editor Suzanne Craig Robertson. Her book, “He Called Me Sister,” documents the relationship between death row inmate Cecil Johnson and her family as Johnson’s case winds its way through the legal system ultimately culminating with his execution. The book will be out next Tuesday. Watch for a review by former TBA President and columnist Bill Haltom in the March/April issue of the Tennessee Bar Journal.

Posted by: Stacey Shrader Joslin on Feb 14, 2023
News Type: Legal News

The partners of Nashville law firm Branstetter, Stranch & Jennings are splitting and forming two new firms, the Nashville Post reports. Ben Gastel, Tricia Herzfeld, Joe Leniski Jr., David Suetholz and Michael Wall will leave the firm to form Herzfeld, Suetholz, Gastel, Leniski and Wall (HSGLaW). All will work in Nashville except for Suetholz, who will be based in Louisville. The new firm will focus on civil rights, union-side labor law and complex civil litigation. It also will assume work on neonatal abstinence syndrome (NAS) cases previously handled by Branstetter, Stranch. The original firm will rebrand as Stranch, Jennings & Garvey with managing partner Gerard Stranch IV (grandson of firm founder, the late Cecil Branstetter) and Jim Stranch III, Jan Jennings, former state Rep. Mike Stewart, Jack Garvey and Nate Ring. Garvey will be based in St. Louis while Ring will work from Las Vegas. The firm will focus on class actions, mass torts, ERISA trust funds, labor unions, bank fees, data breaches and personal injury cases. It also will continue to handle governmental opioid work

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

Lang Wiseman, the former deputy and chief counsel to Gov. Bill Lee, will be honored as Tennessee’s SEC Basketball Legend and will represent the University of Tennessee at the SEC Tournament next month in Nashville. Wiseman, who earned a bachelor’s degree in business from the university and a law degree from Harvard Law School, is a former Academic All-American, starring as a guard for the Volunteers from 1989-1993. He is also the most decorated scholar athlete in Tennessee basketball history. Wiseman was set to be honored in 2020, but that year’s tournament was canceled due to the COVID pandemic. Wiseman is now a shareholder in the Nashville office of Baker Donelson. Read more from Williamson Source.

Posted by: Stacey Shrader Joslin on Feb 13, 2023

A recent decision by Tennessee's attorney general could soon pave the way for 18-, 19- and 20-year-olds to carry a gun without undergoing background checks or training. State law allows permitless carry for adults aged 21 and over. Soon after the law passed, a lawsuit was filed alleging the exclusion of adults under 21 was unconstitutional. Last month, Attorney General Jonathan Skrmetti sided with the plaintiffs and signed an agreement that would allow anyone 18 or older to carry without a license. While the judge in the case has not signed off on the proposed settlement, Republican leadership in the state House say they are moving forward with a bill on the issue soon, WPLN reports. Republican members of the General Assembly introduced a similar bill last year, but it failed to pass in the Senate.


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