TBA Law Blog


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Posted by: Kate Prince on Sep 25, 2020
News Type: Legal News

The Raybin Tennessee Supreme Court Hot List analyzes cases that have recently been granted review by the state Supreme Court. Three new cases were posted to the hot list this week on the issues of res judicata, juvenile life sentences and parental right termination.

Posted by: Liz Slagle Todaro on Sep 25, 2020
News Type: Legal News

The Tennessee Alliance for Legal Services (TALS) and the Tennessee Bureau of Workers’ Compensation (BWC) have launched a new tool to help individuals navigate the workers’ compensation process, WGNS reports. The new tool, “WC Bot,” provides document filing assistance for self-represented workers who have experienced on-the-job injuries. “WC Bot,” along with many other legal and social service resources, is available to the public online at HELP4TN. “Fairness and equal justice under the law are core values in our legal system," said Ann Pruitt, TALS’ Executive Director. "This collaborative project is an example of how we can use technology to help level the playing field for self-represented litigants.” The project is funded by a Tennessee Legal Initiatives Fund Grant from the Tennessee Bar Foundation.

Posted by: Stacey Shrader Joslin & Kate Prince on Sep 25, 2020
News Type: Legal News

District Attorney Jody Pickens was honored last weekend by the Tennessee Constables Association, the Jackson Sun reports. Pickens, who serves Chester, Henderson and Madison counties, was named District Attorney of the Year at the association’s annual convention. It was the first time the association has held its annual convention in West Tennessee. In accepting the award, Pickens said he was humbled by the selection and said the group is an “important part of the judicial process ... in Madison County.”

Posted by: Kate Prince on Sep 25, 2020
News Type: Legal News

Lincoln Memorial University Duncan School of Law Vice President and Dean Matt Lyon today announced Knoxville attorney Maha Ayesh has been appointed director of experiential learning and assistant professor of law. In her new position, Ayesh will oversee LMU Law’s externship program and help further develop the school’s experiential learning course offerings, designed to build students’ transactional and litigation skills. Prior to joining LMU Law, Ayesh practiced in employment and civil rights litigation at Jennifer Morton Law. Ayesh was awarded a Fulbright Fellowship in 2011, through which she worked and researched in the field of human trafficking and the rights of migrant domestic workers in Amman, Jordan. “One of the things that impresses me the most about LMU Law is its focus on producing practice-ready graduates who want to change their world for the better,” Ayesh said. 

Posted by: Kate Prince on Sep 25, 2020

District Judge Eli Richardson on Wednesday blocked a request from voting rights advocates asking him to remove a state law that imposes felony charges against anyone who shares absentee ballot applications, if they’re not an election commission employee, the Tennessean reports. Tennessee is the only state to impose such a restriction and plaintiffs in the case argued the threat of heavy criminal charges infringes on their right to constitutionally protected free speech by creating a system where fear of punishment overburdens those seeking to speak. Richardson ruled in favor of the state, refusing to temporarily block it from enforcing the felony provision.

Posted by: Stacey Shrader Joslin on Sep 24, 2020
News Type: Legal News

The U.S. Equal Employment Opportunity Commission (EEOC) has sued Lexus of Cool Springs for allegedly subjecting a female service consultant to different terms and conditions of employment than similarly situated male co-workers, and then firing her because of her sex. The suit was filed in the U.S. District Court for the Middle District of Tennessee after the agency first attempted to reach a voluntary pre-litigation settlement through its conciliation process. The suit seeks back pay and compensatory damages, as well as an injunction against future discrimination, the Tennessee Tribune reports.

Posted by: Stacey Shrader Joslin on Sep 24, 2020
News Type: Legal News

Nashville District Attorney Glenn Funk has said in a court filing that he "will not enforce" Tennessee's new abortion law — which among other provisions, requires doctors to share information with their patients about chemical abortions — because he believes it is unconstitutional. Abortion providers sued the state in August arguing the law violates their First Amendment rights by requiring them to share "false and misleading" information with patients or face criminal charges. Funk and other local prosecutors were named as defendants because of their role in prosecuting criminal cases, the Tennessean reports. While local prosecutors normally are represented in federal court by the state attorney general, Funk said that office refused to submit his declaration.

Posted by: Stacey Shrader Joslin on Sep 24, 2020
News Type: Legal News

Attorney General Herbert H. Slatery III today announced a multi-state settlement with C.R. Bard Inc. and its parent company requiring payment of $60 million for deceptive marketing of surgical mesh devices. Thousands of women implanted with these devices have claimed that they suffered serious complications. The attorneys general alleged that C.R. Bard misrepresented or failed to adequately disclose serious and life-altering risks of surgical mesh devices, including chronic pain, scarring and shrinking of bodily tissue and recurring infections. Tennessee will receive $1.1 million from the settlement.

Posted by: Stacey Shrader Joslin on Sep 24, 2020

One of the many issues that Gov. Bill Lee has addressed in his executive orders during COVID-19 is temporarily suspending all statutes requiring a physical presence for a notary public and witness(es), and instead allowing real-time audio and visual communication in its place. Gov. Lee  extended this provision until Sept. 30 in Executive Order 61. The order also includes language encouraging users of these tools to make preparations to implement best practices for a safe return to in-person transactions beginning Oct. 1. The TBA would like to hear from Tennessee lawyers about this important issue so we can provide feedback to the governor, the Tennessee Supreme Court and the Tennessee Administrative Office of the Courts. Lawyers who have thoughts about the use of remote technology or the plan to return to in-person transactions are asked to fill out our short survey by the end of the day Friday.

Posted by: Stacey Shrader Joslin on Sep 24, 2020
News Type: Legal News

The Legal Services Corporation (LSC) has launched a new podcast to explore ways to expand access to justice and illustrate why the effort is important to the legal community, business, government and the general public. In the inaugural episode of Talk Justice, leaders from  legal technology companies discuss how portals, no-code automation, online classrooms and other developments are expanding and improving pro bono. Guests also discuss how the COVID-19 crisis is affecting pro bono and whether innovations developed during the pandemic might permanently influence the way pro bono is delivered.


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