TBA Law Blog


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Posted by: Stacey Shrader Joslin on Aug 3, 2020

The coronavirus pandemic has fueled an outbreak of lawsuits challenging public health policies, but the U.S. Supreme Court has been a dead end for most, according to a review by USA Today. In April, the court refused to extend absentee voting in Wisconsin beyond the primary election date. In May, it turned down a California church's challenge to state reopening guidelines, which imposed tighter restrictions on churches than other establishments. In June, the court declined to order the move of more than 800 inmates from an Ohio prison experiencing a COVID-19 outbreak. And in July, it turned down an effort to make it easier to vote by absentee ballot in Alabama, and denied petitions from spiritual advisers seeking to delay executions until they could safely attend. Taken together, the high court's actions signal a desire to leave the pandemic in public officials’ hands, the paper concludes.

Posted by: Stacey Shrader Joslin on Aug 3, 2020

Applications for the Tennessee Community CARES Program are now open. The program, which includes $150 million in relief funds for Tennessee nonprofits, allows applicants to apply for relief for expenses related to the COVID-19 pandemic. Groups can apply now through Aug. 15. View the full program description, application, requirements and frequently asked questions on the state Department of Human Resources website. Two informational session also will be held to help nonprofits understand the application process. Details are online. Grants will be administered by partner nonprofit organizations that will serve as grant administrators. Questions? Contact TN.CommunityCares@tn.gov.

Posted by: Stacey Shrader Joslin on Jul 31, 2020

Shelby County Criminal Court judges yesterday ordered the indefinite suspension of criminal jury trials citing the impossibility of impaneling a jury that “would satisfy health and safety guidelines and comply with relevant constitutional provisions.” The order negates prior plans to lift the suspension in September, the Commercial Appeal reports. The judges said they will “continue to evaluate the current conditions and assess any updated guidance from health authorities to determine when jury trials can resume.” The Tennessee Association of Criminal Defense Lawyers expressed concern about the decision saying judges should have considered the group’s input before moving forward. The court said it consulted with the public defender's office, district attorney's office and National Association of Criminal Defense Lawyers.

Posted by: Stacey Shrader Joslin on Jul 31, 2020

A ruling from U.S. District Judge John T. Fowlkes Jr. ended the hopes of limited-service restaurants in Memphis that wanted a reprieve from orders closing inside service, the Daily Memphian reports. The ruling mirrors one issued earlier in the week by U.S. District Judge Jon P. McCalla. While both judges recognized the closure has a profound economic impact on these businesses, they did not find sufficient reason to justify a temporary restraining order. As Fowlkes wrote, “The Court recognizes the many hardships imposed by Health Order No. 8. However, Defendants’ decision to temporarily close Plaintiffs is legally sound. What is legal may not always be fair, but legality must prevail over fairness.”

Posted by: Stacey Shrader Joslin on Jul 31, 2020

Husch Blackwell has opened its 21st office — a virtual space called The Link, comprised of 50 lawyers and staff from eight brick-and-mortar offices in a move that transforms the firm’s approach to how it uses technology and views office space. The managing partner of The Link said the experience of remote work may affect space planning and the firm's real estate commitment. Read more about the experiment from Law.com.

Posted by: Stacey Shrader Joslin on Jul 31, 2020

About half of jurisdictions in the country administered in-person bar exams this week, and at least one, Colorado, reported that a participant has tested positive for COVID-19. A resolution to be considered by the ABA House of Delegates next week would urge states to abandon plans for in-person exams during the pandemic, Law.com reports. In related news, those states that have opted for online exams face another threat. Michigan’s online bar exam recently was delayed when its software provider experienced a cyberattack described as “a sophisticated attack specifically aimed at the login process.” No data was compromised in the attack, an ExamSoft representative said, but some test-takers were rattled as the delay occurred after the exam had started. The Michigan Board of Law Examiners said it plans to investigate whether the attack had an impact on test-takers and report findings to the state Supreme Court. The ABA Journal has more on the story.

Posted by: Stacey Shrader Joslin on Jul 29, 2020

Gov. Bill Lee this week announced the state’s recommendations to reopen schools this fall, TN Journal reports. The plan includes a decision tree to help local educators make decisions about opening or closing schools, and advice for when to test or quarantine students, use contact tracing and restart contact sports. The plan also includes resources for parents, a plan to provide free protective gear for teachers, free professional development for teachers and principals, a $50 million grant initiative to support school technology purchases, a $11 million grant program to bolster programmatic supports, a grant program to make sure each school has a special education teacher, and a job board to help schools quickly fill teacher vacancies. In announcing the plan, Lee said the state “is doing everything we can to work with local school districts and ensure that in-person learning is made available in a way that protects the health and safety of our students and educators.”

Posted by: Stacey Shrader Joslin on Jul 29, 2020

A newly formed congressional subcommittee today asked Gov. Bill Lee for information about the state’s plan to combat the COVID-19 pandemic, the Commercial Appeal reports. The letter, written by U.S. Rep. James Clyburn, D-South Carolina, chair of the House Select Subcommittee on the Coronavirus Crisis, comes just days after the White House Coronavirus Task Force recommended the state implement stricter restrictions to control spread of the virus. The subcommittee’s request includes all documents and communications from the White House Task Force aimed at stopping the spread of the virus in Tennessee; a "detailed description of any decision made or public health measures" that have been implemented or halted as a result of communication from the task force; and a description of the state's current plans to implement additional public health measures. The 12-member panel, created in April, includes Rep. Mark Green of Clarksville.

Posted by: Stacey Shrader Joslin on Jul 28, 2020

Senate Republican leaders unveiled a plan to provide an additional $1 trillion in coronavirus relief funding this week, Bloomberg reports. The “HEALS” Act also provides liability protection from COVID-19-related lawsuits for businesses, schools, charities through Oct. 1, 2024, so long as the organizations made “reasonable” efforts to follow public health guidelines and did not commit acts of “gross negligence” or “intentional misconduct.” In addition, the plan would move medical liability claims against caregivers to federal courts and protect them from liability unless they engaged in gross negligence or intentional misconduct. The plan also contains a number of business tax provisions, including tax breaks for meals and entertainment, tax credits for expenses to protect workers and customers against the virus, an employee retention tax credit, and tax credits to spur U.S. manufacturing of personal protective equipment. Finally, the proposal includes a second round of stimulus payments, a new formula for enhanced unemployment benefits, extension of the Paycheck Protection Program, funds for states to ramp up testing and contact tracing, and funds for schools to prepare for fall classes. Despite reports that the bill would include an extension of an eviction moratorium originally included in the CARES Act, no such provision was part of the final proposal, NBC News reports.

Posted by: Stacey Shrader Joslin on Jul 27, 2020

White House coronavirus response coordinator Deborah Birx had a message for Gov. Bill Lee during a visit today to Tennessee: it’s time for a statewide mask mandate and closure of bars. Birx warned Lee during the meeting that Tennessee has dipped into the White House’s “red zone” of states with positive test rates greater than 10%, the Nashville Post reports. Lee has given county mayors the authority to issue mask mandates, but he has not issued a statewide mandate himself and continued that position today. At a joint press conference, Birx called on Tennesseans to wear masks in public, stop going to bars, limit indoor dining and follow social distancing rules to avoid another shut down. The visit came after a phone call with leaders last week that also highlighted Tennessee’s growing infection rate. The Nashville Business Journal has that story.


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