TBA Law Blog


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Posted by: Stacey Shrader Joslin on Jan 4, 2023
News Type: Legal News

A proposed class action lawsuit has been filed against Southwest Airlines by a passenger who said the company failed to provide refunds to those left stranded when an operational meltdown led to the cancellation of more than 15,000 flights last month. The suit, filed Dec. 30 in New Orleans federal court, accuses the airline of breach of contract. It also seeks damages for those on canceled flights who did not receive refunds or expense reimbursements. Southwest says it will reimburse affected passengers for reasonable expenses but it might take several weeks, Reuters reports.

Posted by: Stacey Shrader Joslin on Jan 4, 2023

The Tennessee Governor’s Council for Judicial Appointments met today to consider five applicants for an upcoming vacancy on the Tennessee Supreme Court. After holding a public hearing and conducting public interviews, the council selected the following three applicants: Tennessee Court of Appeals Judge Kristi M. Davis, Court of Criminal Appeals Judge Tom Greenholtz and Knoxville lawyer Dwight E. Tarwater. Once the governor makes his selection, the confirmation process will begin before the General Assembly. The vacancy will be created when Justice Sharon G. Lee retires on Aug. 31. Read more about the three candidates selected.

Posted by: Stacey Shrader Joslin on Jan 4, 2023
News Type: Legal News

Immigration rights groups in Tennessee say that the demand for immigration legal services far exceeds supply and the need has grown more acute as immigrant communities have expanded. The issue affects the ability for newcomers to avoid deportation, obtain drivers’ licenses and work permits, and access benefits they are eligible for, the groups tell Tennessee Lookout. According to a report from The Center for Migration Studies, there are 2,200 undocumented immigrants in Tennessee for every immigration legal professional. Leaders reportedly are beginning to look at programs that provide publicly funded legal support for immigrants. More than 55 jurisdictions and nine states offer some kind of public support according to Vera Institute.

Posted by: Stacey Shrader Joslin on Jan 4, 2023
News Type: Legal News

Plaintiffs behind two lawsuits challenging Tennessee’s private school voucher law plan to appeal a judicial panel’s dismissal of their remaining legal claims, Chalkbeat Tennessee reports. Metropolitan Nashville and Shelby County governments, which jointly challenged the 2019 law that applies only to their counties, notified the Tennessee Court of Appeals late last month that they will appeal the latest ruling. Attorneys representing parents and taxpayers in a second lawsuit submitted a separate notice of appeal. The local governments are relying on arguments from a dissenting opinion from Chancellor Anne Martin, who said the plaintiffs’ allegations of discriminatory treatment and unequal funding were sufficient concerns to let the case proceed.

Posted by: Stacey Shrader Joslin on Jan 4, 2023
News Type: Legal News

Tennessee state Sen. Kerry Roberts, R-Springfield, has revealed that he discussed dissolving the state Department of Children’s Services (DCS) during the height of criticism against the agency, WKRN reports. Roberts is chair of the Government Operations Committee, which oversees DCS. He remembers asking a colleague: “We have had nothing but problems since 1996 of varying degrees, so do we have it structured wrong? Do we have a fundamental flaw in how we have structured this entity? Do we have a fundamental flaw in the way we funded it? The way we’ve organized it? Do we need to just blow it up and start all over? Do we need to take the various functions and give them to other people? Do we even need a DCS?” Roberts now says there is a “robust” plan in the works to reform DCS.

Posted by: Stacey Shrader Joslin on Jan 4, 2023
News Type: Legal News

Labor and employment law firm Ogletree Deakins has named Luther Wright Jr. as the new office managing shareholder in Nashville. Wright has practiced in the office for more than a decade, handling employment discrimination litigation. He is also a member of the firm’s national Diversity and Inclusion Practice Group, through which he advises clients on diversity matters and trains employees on diversity and inclusion, workplace violence and other employment-related issues. And he is co-chair of the firm’s Black Attorney Affinity Group, which serves a resource to create and foster an environment of inclusiveness for African-American and Black attorneys through active involvement in business development, recruitment, retention and advancement opportunities.

Posted by: Stacey Shrader Joslin on Jan 4, 2023
News Type: Legal News

Florida-based Holland & Knight and Waller Lansden Dortch & Davis have agreed to a merger to be completed during the first quarter of the year. The combined law firm will operate under the Holland & Knight name and will have nearly 2,000 attorneys in 35 offices across the United States and internationally. Waller has 280 lawyers in four offices: Chattanooga and Nashville; Birmingham, Alabama; and Austin Texas. Holland & Knight is among the 30 largest law firms in the country. The firm’s Managing Partner Steven Sonberg said the merger will bring one of the most established and well-respected brands in health care law into the Holland & Knight family. It will also bolster the firm’s capabilities in private equity, financial services, real estate and litigation. Bloomberg Law reports that the move further solidifies Holland & Knight’s stronghold in the south.

Posted by: Kate Prince on Jan 3, 2023
News Type: Legal News

Gov. Bill Lee has appointed Frank Strada of Arizona as the new Tennessee Department of Correction commissioner, the Tennessean reports. Strada currently serves as the deputy director for Arizona Department of Corrections, where he oversees prison operations, inmate programs, public affairs, facilities management and financial services. He is an Air Force veteran with 34 years of corrections management and law enforcement experience. Lee promised he would take decisive actions, including a TDOC leadership change, after a third-party report found the state failed to follow its own death penalty protocols. Strada, who will succeed Interim Commissioner Lisa Helton, is set to begin on Jan. 9.

Posted by: Kate Prince on Jan 3, 2023
News Type: Legal News

The Barristers, the Young Lawyers Division of the Knoxville Bar Association, will host the Regional High School Mock Trial Competition for Competition Districts 2, 3 and 4. Round 1 will take place on Feb. 24 and Rounds 2-4 on Feb. 25 at the Knoxville City County Building. Round 5, the Regional Championship, will take place on Feb. 26 in the Business Courtroom at LMU’s Duncan School of Law. Volunteer bailiffs, scoring judges and presiding judges are needed for this event. Register to volunteer here. Winners of the tournament will advance to the statewide tournament hosted by the TBA Young Lawyers Division on March 17-18.

Posted by: Kate Prince on Jan 3, 2023
News Type: Legal News

U.S. News & World Report will change its law school ranking system after most top law schools announced they were boycotting the rankings due to concerns about metrics that emphasize reputation and disincentivize support for public-interest careers. The new system will give less emphasis to reputation surveys based on peer assessments by academics, lawyers and judges and more emphasis to outcomes such as employment and bar-passage rates. Additionally, U.S. News & World Report will no longer consider student debt at graduation, school spending per student or employment at graduation. The ABA Journal has the story.


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