TBA Law Blog


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Posted by: Kate Prince on Aug 20, 2020

House Minority Leader Karen Camper, D-Memphis, and Rep. Gary Hicks, R-Rogersville, have recently tested positive for the COVID-19 virus, the Daily Memphian reports. Camper began to feel sick last week when she arrived in Nashville for the General Assembly’s special session and immediately went for testing. Despite testing negative, Camper chose to quarantine and it was later determined she had contracted the virus. The Tennessee Journal today reported that Hicks had tested positive for the virus this week and was present at last week’s special session. A total of four lawmakers have now tested positive for COVID-19, including Rep. Kent Calfee, R-Kingston and Rep. Mike Carter, R-Ooltewah, who is recovering after being hospitalized earlier this week. Former Republican Representative and mayor of Cleveland, Kevin Brooks, also tested positive.

Posted by: Kate Prince on Aug 18, 2020

Gov. Bill Lee yesterday signed into law a bill that provides protections for businesses, schools and nursing homes against “frivolous” COVID-19 lawsuits, the Associated Press reports. The law was enacted today, but is retroactive, covering claims arising from COVID-19 on or before Aug. 3. The act will be repealed on July 1, 2022, but will continue to apply to any loss, illness, injury or death occurring before that date.

Posted by: Stacey Shrader Joslin on Aug 17, 2020

State Rep. Mike Carter, R-Ooltewah, has been hospitalized with COVID-19, according to an email sent to Republican House members by Caucus Chairman Jeremy Faison. “Our friend and colleague Mike Carter is in ICU at Erlanger with Covid,” Faison wrote to colleagues. “He is asking for prayers. Let’s lift him up y’all.” Lawmakers were in Nashville last week for a special legislative session, but Carter did not attend, the Tennessee Journal reports. Following the conclusion of the regular session in June, Rep. Kent Calfee, R-Kingston, and Rep. Kevin Brooks, R-Cleveland, tested positive for the virus.

Posted by: Stacey Shrader Joslin on Aug 17, 2020

Join the Family Law Section for a live virtual two-hour forum to discuss various challenges facing the legal profession during the COVID-19 pandemic. Attendees will have an opportunity to learn from judges and lawyers across the state on how they are addressing the economic downturn on family law matters, navigating the use of audio-conferencing technology to move cases forward, and what the ethical considerations are around remote hearings. The live webcast will take place on Sept. 11 from 9 to 11 a.m. CDT. One dual credit and one general credit are available.

Posted by: Stacey Shrader Joslin on Aug 14, 2020

A recent survey of legal professionals found that 76% of respondents believe technology will be the one trend most likely to impact their organizations over the next three years. Last year, technology ranked third in the list of trends impacting the profession. The 2020 Wolters Kluwer Future Ready Lawyer also found that 82% of respondents predicted technology will change how they deliver services, and 56% said they expect to increase spending on legal technology over the next three years. Because of the pandemic, lawyers and their employees have transitioned to remote working and are relying more on cloud-based technology. A related survey by MyCase shows that the use of cloud computing software by lawyers has steadily increased since the start of the pandemic and that firms see cloud computing as essential for continued success. Read more from Above the Law.

Posted by: Stacey Shrader Joslin on Aug 14, 2020

The Williamson County Government announced last night that the county Judicial Center would be closed starting today after someone in the building tested positive for COVID-19, the Williamson Home Page reports. The building, which houses the county criminal and civil courts, is located at 135 4th Ave. South in Franklin. Those with scheduled business at the building should check the county's website for re-opening information, which will be posted on Monday.

Posted by: Stacey Shrader Joslin on Aug 13, 2020

The final version of the COVID-19 liability bill approved by the state Senate and House this week extends liability protection to health care providers, businesses, schools and non-profits retroactive to Aug. 3 — the date Gov. Bill Lee called the special session. An earlier version of the bill supported by the Senate would have made protections retroactive to early March when the pandemic broke out. House members opposed that provision during the regular session, arguing it was unconstitutional. Some lawmakers continued to oppose the Aug. 3 date, arguing that the state constitution prohibits any “retrospective law, or law impairing the obligations of contracts. ...” Republican Sen. Mike Bell, chair of the Senate Judiciary Committee, argued that the courts would side with the legislature since the proposal is in the public’s interest. The Herald Courier has this story from the Associated Press. Another priority for the special session was easily approved this week. Nearly every lawmaker supported a bill to establish a framework for telehealth services, the Nashville Post reports.

Posted by: Stacey Shrader Joslin on Aug 13, 2020

The ABA Equal Justice Conference has been taking place this week with virtual programs related to access to justice, COVID-19 challenges and racial justice issues. The conference kicked off Tuesday with a keynote address by Andrea Young, executive director of Georgia ACLU and daughter of civil rights leader Andrew Young, a former Atlanta mayor and ambassador to the United Nations. Other programs addressed hot topics in civil legal aid, access to justice during COVID-19, evictions and other consumer issues, and racial and ethnic injustices. 

Posted by: Stacey Shrader Joslin on Aug 13, 2020

Circuit Court Judge Joe Binkley Jr., presiding judge of the 20th Judicial District, signed an order yesterday suspending jury trials in the district’s circuit and chancery courts through the end of the year. However, judges and chancellors will continue to be available to hear any case where the parties and their attorneys agree to hold the proceeding as a non-jury trial. Jury trials in the criminal courts are currently suspended through the end of August. Binkley reports that criminal court judges in the district are still considering what their policy will be for scheduling jury trials for the rest of 2020. The Tennessean has more on the story.

Posted by: Stacey Shrader Joslin on Aug 12, 2020

The Tennessee state Senate last week passed Gov. Bill Lee's “Tennessee Recovery and Safe Harbor Act,” News Channel 5 reports. The measure now goes to the House for a vote. The bill aims to provide retroactive COVID-19 liability protection to health care providers, businesses, schools and non-profits. Last month, Gov. Lee granted similar protections by executive order, but that order expired on July 31.


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