TBA Law Blog


647 Posts found
Previous • Page 31 of 65 • Next
Posted by: Stacey Shrader Joslin on Sep 11, 2020

The Court of Workers’ Compensation Claims announced this week that it will continue with telephonic settlement approvals through the month of October.

Posted by: Stacey Shrader Joslin on Sep 11, 2020

As courts across the country consider using remote technology beyond the COVID-19 pandemic, the Brennan Center has released a new paper summarizing existing research on the effects of video technology in judicial proceedings and a set of guiding principles for continued use of remote proceedings. The biggest takeaway from the review? Courts needs to be cautious and engage with stakeholders as they develop long-term policies. At least in some circumstances, research shows that remote proceedings can undermine the attorney-client relationship, alter the perceived credibility of witnesses, lead participants to disengage with the judicial process, and result in changed outcomes. At the same time, remote proceedings done well may have substantial benefits, including expanding access to legal services.

Posted by: Stacey Shrader Joslin on Sep 9, 2020

Three federal judges recently dismissed cases brought by passengers who contracted COVID-19 onboard Princess Cruise Lines ships, Law.com reports. The dismissals are among the first in the nation to address plaintiff’s injuries and causation in cases alleging that corporate negligence lead to infection. “If you’re on a ship for three weeks and still can’t demonstrate causation … causation seems extremely difficult to demonstrate,” observed law professor Christopher Robinette. One of the judges said he dismissed the suit because allowing it to go forward “would lead to a flood of trivial suits” and “open the door to unlimited and unpredictable liability.” Another judge argued that a complaint alleging the plaintiff “suffered symptoms akin to the common cold” did not belong in court. The third judge said plaintiffs had not established causation.

Posted by: Kate Prince on Sep 8, 2020

Fifty two inmates at Riverbend Maximum Security Institution in Nashville have tested positive for the COVID-19 virus, the Tennessean reports. The outbreak was discovered after the Tennessee Department of Correction ordered another wave of mass testing across all state prisons. This round of testing was prompted by a mass outbreak at South Central Correctional facility last week, where 1,144 cases were ultimately reported as of Sept. 1. Data compiled by the New York Times shows that South Central’s outbreak is among the top 15 largest COVID-19 clusters in the country’s prisons. Trousdale Turner Correctional Center in Hartsville is also on that list for an outbreak earlier this year that has since subsided.

Posted by: Stacey Shrader Joslin on Sep 4, 2020

Nashville city officials are bracing for the likelihood they will see more violations of Metro's public health orders, particularly as they look to expand what residents and businesses are allowed to do during the COVID-19 pandemic. But the city is running out of people to enforce those rules, the Tennessean reports. In response, Mayor John Cooper is seeking to deputize additional city workers to help. Nashville council members will consider that proposal on Sept. 15. Those deputized to assist would have authority to issue stop work orders or suspend permits for any business violating emergency health orders. Some council members expressed concern about the expansion of government power and questioned the extent of training that would be provided to city employees recruited for this new role.

Posted by: Stacey Shrader Joslin on Sep 4, 2020

After several reversals on the issue and pushback from parents, the state says it will make data on school outbreaks public, Nashville Public Radio reports. The Tennessee Department of Education says it will launch a new dashboard with district-submitted data on Tuesday. The site will have a map and search function of school districts and specific schools. It will be updated once a week. In announcing the move, Gov. Bill Lee said, “We believe that we have developed a reporting mechanism that will help inform parents to help them make choices but it doesn’t compromise our obligation to parents and to students and to teachers … to not compromise privacy around their individual health.”

Posted by: Kate Prince on Sep 3, 2020

The Hamilton County Health Department has filed a lawsuit against Ed’s Supply Company in Chattanooga, claiming the business isn’t complying with a mask mandate put into place due to the COVID-19 pandemic, the Associated Press reports. The suit alleges that, after multiple warnings, customers and employees are still not wearing masks or social distancing. The complaint asks a judge to order the business to close if it does not comply with the mandate. The Aug. 28 filing claims workers at the business believed the masks were ineffective  cited “their installation and use of UV ultraviolet light systems within their facility’s air conditioning system to assist with disinfection” against COVID-19.

 

Posted by: Stacey Shrader Joslin on Sep 2, 2020

A petition filed with the Tennessee Supreme Court yesterday asks the court to reconsider its decision on July 21 to reject a request from 2020 bar examination applicants to waive the bar exam requirement and grant diploma privilege. The court said at the time it did not believe the measure was in the interest of the public and the administration of justice. The new petition, brought on behalf of a 2020 Mississippi College School of Law graduate, argues that events since the July ruling now “raise series questions about whether the current plan for administering an online Admission Assessment is fair to applicants and likely to actually test in any meaningful way whether those taking the examination have the skills necessary to practice law, serve the public well, and avoid harm.”

Posted by: Stacey Shrader Joslin on Sep 2, 2020

The Trump administration issued an order late yesterday banning landlords from evicting tenants from properties they can no longer afford to rent due to income lost to the COVID-19 pandemic, The Hill reports. The order would make it illegal to evict any individual who expects to make less than $99,000 or a couple that expects to make less than $198,000 this year. In order to qualify for protection, a tenant must declare their 2020 income will fall below the threshold; they have sought all potential sources of federal housing aid; and they cannot afford to pay rent due to a pandemic-related job loss or expense despite best efforts.

Posted by: Stacey Shrader Joslin on Sep 2, 2020

As schools navigate reopening during a pandemic, some state lawmakers will return to Nashville this month to hear updates and demand answers, the Tennessean reports. The House Education Committee is set to meet Sept. 22 and 23. Topping the agenda is the approach Education Commissioner Penny Schwinn is taking to re-openings as well as a failed rollout of a student wellness check program. The Professional Educators of Tennessee, a nonpartisan teacher association, suggested lawmakers might even seek a "no confidence" vote on the commissioner. The group does not support such a move but has its own list of complaints.


Previous • Page 31 of 65 • Next