TBA Law Blog


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Posted by: Laura Labenberg & Stacey Shrader Joslin on Jan 20, 2023
News Type: Legal News, Upcoming

The TBA Young Lawyers Division has opened its 2023-2024 leadership appointment and election filing process. Those interested in an appointed position on the division's board should review available positions and complete the online application by Feb. 28. For positions subject to election, nominating petitions should be filed with YLD Secretary Ross Smith no later than Feb. 15. Elections will be held for vice president, secretary, treasurer, East Tennessee governor, Middle Tennessee governor and West Tennessee governor. During this cycle, vice president candidates must reside in the Eastern Grand Division. Additionally, district representatives in odd-numbered districts will be elected for two-year terms. For more information about these positions or to download a nominating petition visit the YLD Election Guidelines webpage. Elections for any contested races will take place between March 1 and April 1 by electronic voting. 

Posted by: Kate Prince on Jan 19, 2023
News Type: Legal News

A former Cumberland County correctional officer who was forced to resign for taking medicine to treat his opioid use disorder will receive $160,000 in back pay and damages if a judge approves a landmark consent decree, the Associated Press reports. It is the first time the U.S. Department of Justice has used the Americans with Disabilities Act to settle a claim that an employee was discriminated against for taking a prescribed medication to treat drug addiction. Less than a year ago, the Justice Department’s Civil Rights Division issued guidelines advising that employers, health care providers, law enforcement agencies that operate jails, and others are violating the ADA if they discriminate against people taking prescription medications to treat opioid use disorder. In addition to the back pay and damages, the county has agreed to revise its employment policies and implement training around ADA compliance.

Posted by: Barry Kolar on Jan 19, 2023
News Type: Legal News

The ABA’s Presidential Appointments process will close soon. There are approximately 600 positions open across various standing committees, commissions and other entities within the ABA. Terms typically last from one to three years. The deadline to apply is Feb. 10 at 5 p.m. CST. To obtain more information about the positions available and to submit your applications, visit the ABA website. If you need more information, would like to discuss the process, or are intending to seek a leadership position, the TBA's ABA Resources Committee can help. Find out more from John Tarpley (615-259-1366) or Jonathan Cole (615-726-7335).

Posted by: Kate Prince on Jan 19, 2023
News Type: Legal News

U.S. News & World Report has extended its survey deadline to Jan. 27 following announcements from a multitude of top law school deans that they would be boycotting the annual survey and law school rankings. The ABA Journal reports that it asked all ABA-accredited law schools whether they planned to submit the survey. Out of 110 schools that responded, 25 said they would not participate and 22 were undecided. U.S. News announced changes to its metrics earlier this month and last week informed deans about further modifications, including eliminating employment rates, average debt at graduation and spending on instruction from rankings criteria. Many deans opting out claimed U.S. News relied too much on reputation rankings and spending per student and classified graduates with school-funded fellowships as unemployed.

Posted by: Kate Prince on Jan 19, 2023
News Type: Legal News

The Tennessee Department of Correction (TDOC) has parted ways with its top lawyer and inspector general following an independent probe that uncovered errors and poor oversight of the state’s lethal injection protocol, the Tennessean reports. Former TDOC general counsel and deputy commissioner Debra Inglis and former Inspector General Kelly Young were excused on Dec. 27. Bryce Coatney, a deputy general counsel, had previously submitted a notice of resignation in late summer and retired on Dec. 1. Coatney did not work on execution issues during his TDOC tenure, per the TDOC documents. The independent investigation, led by Memphis attorney Edward Stanton, found the state was aware of issues with following its own lethal injection protocol and still chose to move forward with the April execution of Oscar Franklin Smith. Lee intervened at the last minute to stop Smith’s execution. Lee has tasked new department leadership to revise Tennessee's lethal injection protocol.

Posted by: Kate Prince on Jan 19, 2023
News Type: Legal News

Madison County Mayor AJ Massey has appointed Jackson attorney and TBA Board of Governors Secretary Terica Smith to serve as deputy mayor and director of human resources for Madison County. Smith will lead human resource management, activities and staff development for the second most populated county in West Tennessee. “My entire career has been dedicated to public service and improving the lives of residents of this community,” Smith said. “I am honored to serve the citizens of Madison County in this role and grateful to Mayor Massey for this opportunity.” Smith is a graduate of the University of Memphis Cecil C. Humphreys School of Law and was most recently assistant district attorney with the 26th Judicial District. Prior to her time as assistant district attorney, she was a staff attorney with West Tennessee Legal Services. In addition to her work on the TBA board, Smith is co-chair of the TBA Leadership Law (TBALL) program and was appointed to the Board of Judicial Conduct by Gov. Bill Lee. Read the press release.

Posted by: Kate Prince on Jan 19, 2023
News Type: Legal News

Applications are now being accepted for the 2023 Reporters Workshop. Sponsored by the TBA’s Communications Law Section, the Tennessee Association of Broadcasters and the Tennessee Press Association Foundation, the program will be held in person April 28-29 in Nashville. Organizers will select 15 print, online, television and/or radio journalists who want to develop a deeper understanding of media law issues that may affect their everyday work, including access to government information, defamation and privacy concerns in reporting, and other timely topics. Journalists interested in attending should apply before 5 p.m. CST on March 15. Read more about the program.   

Posted by: Stacey Shrader Joslin on Jan 18, 2023
News Type: Legal News

With law firm mergers in the news, the Nashville Business Journal talks with Kerry Price, chief strategy officer at Bass Berry & Sims, about the firm’s future. While national players are asserting themselves in the Nashville market — combining operations with local firms or peeling off their attorneys — Price says Bass will not be following suit. "It's not something we're looking at. We're committed to remain focused on what we're doing and not being overly influenced by some of these changes," Price said. She also questioned the ability of new firms to compete with those that have maintained local relationships for decades. Bass will turn 101 years old in May. "Firms like ours are becoming increasingly rare. We hope to use that to our competitive advantage," she said.

Posted by: Stacey Shrader Joslin on Jan 18, 2023
News Type: Legal News

The Tennessee Bar Foundation has awarded $1.3 million from the Interest On Lawyers’ Trust Accounts (IOLTA) program to law-related organizations across the state. The grant amount for 2023 exceeds last year by more than $500,000, the foundation reports.Grants were awarded to 28 organizations, including two that are new to the program. The projects provide a wide array of services, including individual legal representation, dispute mediation, assistance for survivors of domestic violence, immigration counseling and housing advocacy. The complete list of organizations and awards is available on the foundation’s website.

Posted by: Stacey Shrader Joslin on Jan 18, 2023
News Type: Legal News

Federal investigators said today they have opened a civil rights investigation into the death of a 29-year-old man who died three days after an encounter with Memphis police, the Commercial Appeal reports. The U.S. attorney's office, in conjunction with the FBI Memphis Field Office and Civil Rights Division of the Department of Justice, said they are investigating officers who stopped motorist Tyre Deandre Nichols on Jan. 7 for a traffic violation. After what police described as two confrontations, Nichols was arrested and complained of a shortness of breath. He was taken to the hospital in critical condition and died on Jan. 10. The officers involved with the stop have been placed on leave.


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