TBA Law Blog


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Posted by: Stacey Shrader Joslin on Sep 30, 2022
News Type: Legal News

Tennessee Attorney General Jonathan Skrmetti has announced a consumer restitution program to provide refunds for cancelled “Fan Fest” events organized by Walker Stalkers LLC. Consumers wishing to request refunds must file by Jan. 30, 2023. The CEO of Walker Stalkers, James Frazier, began operating the company in 2013 and put on dozens of “Walker Stalker Con” and ‘Fan Fest” events in the United States and London. The events were opportunities for fans to meet famous actors and artists associated with popular television programs such as “The Walking Dead.” Beginning in 2018, several of the events were canceled and promised refunds never materialized. Frazier agreed to a settlement in 2020. Amber Shaw, managing partner of Harris Shelton Hanover Walsh, will serve as restitution administrator, facilitating claims and refunds.

Posted by: Stacey Shrader Joslin on Sep 30, 2022
News Type: Legal News

Young lawyers feel so strongly about remote work that 44% of them would leave their current jobs for a greater ability to work remotely elsewhere, according to a new report released this week by the ABA. By comparison, only 13% of lawyers practicing for 41 years or longer reported they would do so. The report, Where Does the Legal Profession Go from Here?, is based on input from nearly 2,000 ABA members who responded to a survey in May and June about how they are practicing today and what they expect from their employers and careers in the future. It also includes respondent’s views on stress; diversity, equity and inclusion; lawyer mobility; technology; and best practices for recruiting and retaining diverse lawyers. Read more about the findings from the ABA Journal. Another study from legal tech company BigHand found that 55% of respondents said they would look for a new job if required to work more than three days in the office. Law.com has that story.

Posted by: Stacey Shrader Joslin on Sep 30, 2022
News Type: Legal News

Gov. Bill Lee and legislative leaders announced plans yesterday to expedite the hiring of Tennessee Bureau of Investigation (TBI) forensic lab positions to speed up the processing of sexual assault kits. According to Tennessee Outlook, 25 forensic lab positions will be filled across the state with eight in the Jackson lab, 11 in the Nashville lab and six in the Knoxville lab. TBI had requested 50 laboratory positions for this budget year but received funding for only 20 of those jobs. The move comes in the wake of Memphis teacher Eliza Fletcher’s death. Her alleged killer, Cleotha Abston Henderson, has been connected to a rape kit from 2021. The kit sat on TBI’s shelf for 11 months before the agency started testing it. Legislative leaders said that delay is unacceptable. The autopsy in the Fletcher case shows she died of a gunshot wound and blunt force injury to the head, the Daily Memphian reports.

Posted by: Kate Prince on Sep 30, 2022
News Type: Legal News

Brennan Wingerter is the assistant public defender and appellate director at the Tennessee District Public Defenders Conference and she’s also the guest co-host of the September episode of the TBA BarBuzz podcast! Tune in for the latest in legal news and bar association events, plus #humblebrags on some well-deserving attorneys. BarBuzz is part of the Tennessee Bar Association Podcast Network and can be found on the TBA's website or anywhere you listen to podcasts.

Posted by: Stacey Shrader Joslin on Sep 30, 2022
News Type: Legal News

Gov. Bill Lee has sworn in Deniece Thomas as the new commissioner of the Tennessee Department of Labor and Workforce Development. Thomas, who was previously deputy commissioner, succeeds Jeff McCord, who now leads Northeast State Community College. “Deniece is a dedicated public servant who has worked tirelessly to ensure Tennesseans, businesses and our economy thrive through meaningful work opportunities,” Lee said in a release. Thomas has been at the department since 2007. She holds a master’s degree from Lipscomb University and a bachelor’s degree from the University of Alabama-Birmingham. The Nashville Post has the story.

Posted by: Stacey Shrader Joslin on Sep 30, 2022
News Type: Legal News

The 6th U.S. Circuit Court of Appeals has ruled that a federal appeals court does not have the power to order an examination of a juror’s electronic devices to determine whether an outside influence affected the verdict. The ruling came in the case of Alexander “P.G.” Sittenfeld, a former Cincinnati City Council member who was convicted of bribery and attempted extortion, the ABA Journal reports. Sittenfeld had sought a forensic examination of the electronic devices of “Juror X” after learning that she had discussed another juror in a Facebook post, and that commenters on her Facebook posts had mentioned the trial. The judge in the case denied his request and that decision was upheld by the appeals court, which said, “a court cannot order a search of a juror’s belongings — electronic or otherwise.” If a judge suspects that juror misconduct constitutes a crime, that is a matter for a prosecutor to investigate, the court said.

Posted by: Kate Prince on Sep 29, 2022
News Type: Legal News

The U.S. Department of Justice has come to an agreement with Memphis-based Evolve Bank & Trust to resolve allegations of lending discrimination on the basis of race, sex and national origin in the pricing of its residential mortgage loans from at least 2014 through 2019. The DOJ’s complaint against Evolve accuses the bank of engaging in practices which resulted in Black, Hispanic, and female borrowers paying more in the “discretionary pricing” components of home loans than white or male borrowers for reasons unrelated to their creditworthiness. The settlement, if approved by District Court, will require Evolve to establish a settlement fund of $1.3 million to compensate affected borrowers as well as pay a $50,000 civil penalty. The bank will also maintain policies that reduce loan officer discretion, employ a fair lending officer who will work in close consultation with the bank’s leadership and provide fair lending training to its personnel. Read more from the DOJ.

Posted by: Kate Prince on Sep 29, 2022
News Type: Legal News

The Shelby County District Attorney’s Office and the Memphis Police Department today announced plans for a Cold Case Unit that will assist law enforcement with investigating and prosecuting unsolved homicides and violent sexual assaults, the Daily Memphian reports. The unit could begin reviewing cold cases by the end of next week and hopes to review up to 200 cases each year. Once the unit is formed, MPD will share cold case files with the new unit. Assistant district attorneys general will check criteria off a checklist to determine if the case is solvable, and investigators with the DA’s Office will follow up on the case. In cases where warrants could not be served on defendants, investigators with the DA’s office will help locate defendants so they can be prosecuted.

Posted by: Kate Prince on Sep 29, 2022
News Type: Legal News

The Chattanooga Bar Association (CBA) last week celebrated a milestone anniversary during its “Cheers to 125 Years” event. Bar members met at the Gilman Event Hall on Thursday for a cocktail reception and dinner, which included special toasts from CBA Board President Lee Ann Adams, Judge Clarence Shattuck and CBA Executive Director Lynda Minks Hood. “Here’s to the Chattanooga Bar Association,” Adams toasted. “May the fire which necessitated its creation continue to ignite our passion for the law and our community and light our way forward!” The CBA has pictures from the event.    

Posted by: Kate Prince on Sep 29, 2022
News Type: Legal News

The General Sessions Judges Conference has selected late Coffee County General Sessions Judge Timothy R. Brock as this year’s recipient of the Leon Ruben Award for Excellence. The award is given annually to a judge or judges for their outstanding service to the community, the conference and the judiciary as a whole. Brock presided over Coffee County Drug Recovery Courts, Mental Health Court, Family Treatment Court, Juvenile Recovery Court and the Safe Baby Court. He passed away unexpectedly in November 2019. Henry County General Sessions Court Judge Vicki S. Snyder, who said Brock was like a brother to her, presented the award to his family. The award is named for the late Judge Leon Ruben, who served as judge for 37 years in Nashville. The Administrative Office of the Courts has more.


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