TBA Law Blog


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Posted by: Stacey Shrader Joslin on Nov 8, 2024
News Type: Disaster Response

The Tennessee Court of Workers’ Compensation Claims and the Workers’ Compensation Appeals Board have adopted a standing order complying with the Tennessee Supreme Court’s disaster plan for trial courts in the 1st, 2nd, 3rd and 4th Judicial Districts, which was put in place following severe flooding from Hurricane Helene. While the courts were created by legislation rather than the state Constitution, they are subject to the Tennessee Supreme Court and have concluded that the court’s disaster plan affects claims under their jurisdictions. The plan allows a 45-day extension of mandatory deadlines for the identified districts. Read more in a release.

Posted by: Stacey Shrader Joslin on Oct 31, 2024
News Type: Disaster Response

A recent report from the ABA Journal captures the work lawyers, bar associations and legal aid groups are doing to serve communities hit by Hurricane Helene. From efforts in Augusta, Georgia, to Asheville and other parts of western North Carolina, lawyers have stepped in to provide both physical and legal assistance to storm survivors. The article also looks at how the ABA Young Lawyers Division’s Disaster Legal Services program operates in conjunction with the Federal Emergency Management Agency. That program is now coordinating delivery of free legal services in at least six states according to the Journal. Tennessee lawyers interested in helping should complete this online form. The TBA Disaster Resources page offers general information for those impacted by disasters, as well as those seeking to provide assistance. The TBA's Helene Disaster Response page has information and resources specific to this disaster.

Posted by: Julia Wilburn on Oct 29, 2024

The Tennessee Supreme Court has issued an order allowing out-of-state lawyers to temporarily offer their services, free of charge, to residents affected by severe flooding in East Tennessee. The order follows a joint request from the Tennessee Alliance for Legal Services (TALS) and Legal Aid of East Tennessee (LAET) asking the court to activate Rule 47 — which was first enacted in the aftermath of Hurricane Katrina — to help those impacted by natural disasters. Lawyers who register may provide legal services in affected areas without seeking pro hac vice admission or paying an admission fee. Read more from the Administrative Office of the Courts. The state of North Carolina issued a similar order after Hurricane Helene, allowing Tennessee lawyers to provide pro bono services to storm survivors there.

Posted by: Azya Thornton on Oct 25, 2024

Tennessee's congressional delegation on Monday sent a letter urging U.S. House and Senate leaders to provide meaningful federal aid for farmers affected by Hurricane Helene. According to WKRN News, the letter called on Congress “to take swift and thorough action in appropriating critical funding” to meet the agricultural relief demands of states affected by Hurricane Helene like Tennessee, and added that the state received copious amounts of rain and runoff from surrounding states, acutely affecting the agriculture industry. Last week, the United States Department of Agriculture (USDA) estimated that farmers in affected states would receive over $233 million in indemnities, but Tennessee was not included in USDA’s estimated indemnity payments.

Posted by: Julia Wilburn on Oct 24, 2024
News Type: Disaster Response

Due to damage from Hurricane Helene, several East Tennessee counties have alternate polling places for early voters and for Election Day. Knox News details the changes in Carter, Cocke, Greene, Johnson, Unicoi and Washington counties. The U.S. Department of Justice and the Tennessee Secretary of State say they are working with local election administrators to ensure every county maintains its access to voting in the lead up to election day on Nov. 5.

Posted by: Azya Thornton on Oct 21, 2024
News Type: Disaster Response

The family of an employee for Impact Plastics who was killed by flooding caused by Hurricane Helene has filed a wrongful death lawsuit against the company, arguing that workers were forced to stay at their posts even when managers knew conditions were becoming dangerous. According to the Associated Press, many of the surviving employees have stated they were not allowed to leave the plant in time to avoid the storm’s impact. The suit argues that Impact Plastics had no required plan to safely evacuate employees even though the plant was located in a flood plain and regularly experienced water creeping into its parking lot. The suit comes after the Tennessee Bureau of Investigation (TBI) announced earlier this month that it was investigating allegations involving Impact Plastics at the direction of the local prosecutor. Impact Plastics has maintained that it monitored weather conditions and that managers dismissed employees “when water began to cover the parking lot and the adjacent service road, and the plant lost power.”

Posted by: Liz Slagle Todaro on Oct 17, 2024

In the wake of Hurricane Helene, organizations that serve victims of natural disasters are continuing to provide updated resources. The National Consumer Law Center has updated some of its natural disaster resources, including free publications for advocates assisting victims of natural disaster and others working to rebuild. In Tennessee, the Tennessee Alliance for Legal Services' website Help4TN and helpline 844-HELP4TN are always available and have specific resources and legal support for storm survivors. Lawyers from across the state are invited to complete this online form to volunteer to help disaster survivors. The TBA Disaster Resources page offers general information for those impacted by disasters, as well as those seeking to provide assistance. The TBA's Helene Disaster Response page has information and resources specific to this disaster.

Posted by: Stacey Shrader Joslin on Oct 10, 2024
News Type: Disaster Response

Gov. Bill Lee has unveiled the Helene Emergency Assistance Loans (HEAL) Program, a $100 million fund to directly serve the health and well-being of Tennesseans in the aftermath of Hurricane Helene. Counties eligible for assistance include Carter, Claiborne, Cocke, Grainger, Greene, Hamblen, Hawkins, Jefferson, Johnson, Sevier, Sullivan, Unicoi and Washington. “Hurricane Helene was an unprecedented disaster for Tennessee, and many local communities don’t have the resources to recover on their own,” Lee said. “Federal dollars will be available later, but these communities need immediate relief. Tennessee’s record of fiscal conservatism has placed us in a strong financial position to make government work for the people and step up to help in this time of need.” Of the total amount, $35 million is available to address water and wastewater system damage, while $65 million is available for dangerous debris removal.

Posted by: Stacey Shrader Joslin on Oct 10, 2024
News Type: Disaster Response

Tennessee Secretary of State Tre Hargett has announced election updates for six counties impacted by Hurricane Helene. In Carter County, two election day polling places have temporarily changed. In Cocke County, the election commission has moved and early voting will take place at a new location. In Greene County, all locations are expected to be open by Election Day but voters are encouraged to monitor road conditions for possible closures. In Johnson County, officials are monitoring one polling place for access issues. In Unicoi County, early and election day voting locations have been updated. In Washington County, election officials are monitoring absentee ballots sent to affected areas. Voters can track their ballot status online or call 877-850-4959.

Posted by: Stacey Shrader Joslin on Oct 10, 2024
News Type: Disaster Response

Gov. Bill Lee has announced that three more counties — Claiborne, Grainger and Sullivan — have been approved for FEMA’s public assistance program. Public assistance helps state and local governments in debris removal, life-saving emergency protective measures, restoring public infrastructure and hazard mitigation for future disasters. Several counties also received approval for permanent work assistance. The TBA Disaster Resources page offers general information for those impacted by disasters, as well as those seeking to provide assistance. The TBA's Helene Disaster Response page has information and resources specific to this disaster.


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