TBA Law Blog


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Posted by: Stacey Shrader Joslin on Feb 13, 2023

The American Civil Liberties Union, ACLU of Tennessee and Lambda Legal recently announced that it will bring immediate legal action against proposed restrictions on transgender youth health care should those restrictions become law. The groups specifically cite SB1/HB1, which would ban treatments for transgender youth under the age of 18. They argue these bills discriminate on the basis of protected characteristics and note that similar restrictions in Alabama and Arkansas have been enjoined by federal courts.

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

Retired Tennessee Court of Appeals Judge Patricia J. Cottrell has joined the international alternative dispute resolution firm JAMS. She joins her former colleague and retired Davidson County Chancellor Ellen Hobbs Lyle at the company. Cottrell will be based in Nashville and will serve as an arbitrator, mediator and neutral evaluator handling appellate, business and commercial, employment, health care, higher education, governmental and public agency, and real property disputes. In a statement announcing the move, Cottrell said she is looking forward to applying her knowledge and experience in the new role. 

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

Tennessee Attorney General Jonathan Skrmetti announced Friday that he joined 21 state attorneys general in filing an amicus brief opposing the Biden administration’s efforts to expand access to the abortion-inducing drug mifepristone. Read his statement here

Posted by: Stacey Shrader Joslin on Feb 10, 2023
News Type: Legal News

The Chair of the Chattanooga City Council and Mayor Tim Kelly reportedly have agreed to name Phil Noblett as the new city attorney, Chattanoogan.com reports. Noblett is currently serving as interim city attorney following the resignation of Emily O'Donnell. He joined the city attorney’s office as the deputy in 2009. Noblett earned his law degree from the Cumberland School of Law at Samford University. He has practiced in Tennessee since 1982, previously with the firm of Nelson, McMahan & Noblett and then with various municipal governments. A past president of the Chattanooga Bar Association, Noblett also has served as city attorney for Signal Mountain.

Posted by: Stacey Shrader Joslin on Feb 10, 2023
News Type: Legal News

Tennessee Attorney General Jonathan Skrmetti announced this week that a federal judge has granted his motion for a temporary restraining order against solar panel retailer Ideal Horizon Benefits LLC, known as Solar Titan USA. Skrmetti’s office is suing the company for allegedly making false representations about its products. Also this week, Skrmetti announced he joined a 24-state coalition in filing a lawsuit against U.S. Attorney General Merrick Garland, the Bureau of Alcohol, Tobacco, Firearms and Explosives, and its director. The suit seeks to enjoin a recently issued administrative rule governing “stabilizing braces,” commonly known as “pistol braces.” 

Posted by: Stacey Shrader Joslin on Feb 10, 2023
News Type: Legal News

Monterrious Harris, a 22-year-old Black man, has filed a lawsuit against the city of Memphis and the five police officers accused of fatally beating Tyre Nichols, saying they assaulted him three days before attacking Nichols. Harris says he was swarmed by a "large group" wearing black clothing and brandishing firearms and other weapons while he was inside a vehicle in early January. The men, who did not identify themselves according to Harris, allegedly made threats to end his life if he did not exit his car. They then engaged in "a swift, violent, and continuous physical assault … that included punching, stomping, and dragging him across concrete," the lawsuit states. The incident ended with Harris being taken to jail on what he claims was a “host of false criminal charges" Axios reports on the incident.

Posted by: Stacey Shrader Joslin on Feb 10, 2023
News Type: Legal News

Nashville District Attorney Glenn Funk's team installed listening devices around the office capable of picking up conversations of employees and visitors who are not warned about audio monitoring, NewsChannel 5 reports. Funk's office says the move was a necessary part of office security and "there is no reasonable expectation of privacy for conversations in public places." Some disagree pointing to federal and state wiretapping laws that make it a crime to record conversations of unsuspecting individuals. Defense attorneys also are expressing concern. Jonathan Cooper, a past president of the Tennessee Association of Criminal Defense Lawyer (TACDL), called it a "betrayal of trust” noting it is common for defense lawyers to go to the office with associates, co-counsel or investigators. The vendor that installed the devices has confirmed they were placed in elevator lobbies and the main office lobby.

Posted by: Kate Prince on Feb 10, 2023
News Type: Legal News

Tennessee's 113th General Assembly is now in session and TBA's Legislative Updates podcast is back for a new season! Lawmakers filed a combined total of 1,700 bills this year – 1,000 less than 2022. TBA Director of Public Policy & Government Affairs Berkley Schwarz and Adams and Reese attorneys and TBA lobbyists, Brad Lampley and Ashley Harbin host the podcast to discuss what's ahead for the legislative year and the bills TBA is sponsoring. Legislative Updates airs each week on the 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: Kate Prince on Feb 9, 2023
News Type: Legal News

Veristar, a Chicago-based legal services firm, has announced it is expanding into Nashville, the Nashville Post reports. Veristar offers e-discovery and legal staffing services. The company has an additional presence in New York, Cleveland, Charlotte, Atlanta, Houston, Los Angeles and Washington, D.C. “Nashville is a vibrant, sophisticated city that is home to powerhouse law firms and many great companies in health care, technology, entertainment, financial services and manufacturing,” Veristar CEO Rick Avers said in the release. “Everyone at Veristar is excited to be a part of the Nashville community.”

Posted by: Kate Prince on Feb 9, 2023
News Type: Legal News

The Shelby County District Attorney’s Office will be reviewing all cases handled by the five Memphis Police Department officers accused of killing Tyre Nichols, the Commercial Appeal reports. District Attorney Steve Mulroy did not specify how many cases were being reviewed, but said the review includes both active and closed cases. The news outlet also reported today that new documents reveal ex-MPD officer Preston Hemphill lied about seeing reckless driving and that Nichols put up a fight during the traffic stop that eventually led to his death. The MPD sent those documents to the Peace Officer Standards and Training Commission (POST) in an effort to have Hemphill decertified. The Daily Memphian reports that another POST file reveals ex-officer Demetrius Haley took cell phone photos of Nichols after he and the other officers took turns beating him. According to his Garrity statement, Haley then texted the photos to “one civilian employee, two MPD officers, and one female acquaintance.” That Garrity statement, however, could be kept from a jury. The Associated Press explains why.  


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