TBA Law Blog


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Posted by: Stacey Shrader Joslin on Jun 19, 2020

Memphians are now required to wear face coverings in most public places and businesses to help prevent the spread of COVID-19, the Commercial Appeal reports. The Memphis City Council approved an ordinance this week that requires both employees and the public to wear masks in places of business, public buildings and medical care facilities, and when waiting for or using public transportation or waiting to be seated at a restaurant. Masks are not required after being seated at a bar or restaurant or if the employee works in a room separate from others. Following the vote, state Sen. Brian Kelsey, R-Germantown, asked the Tennessee attorney general for an opinion on the constitutionality of the ordinance.

Posted by: Kate Prince on Jun 18, 2020
News Type: COVID-19 News

After a second round of testing for the COVID-19 virus, eight staff members and six inmates at the Hamilton County Jail have tested positive, the Chattanoogan reports. All inmates who tested positive are reported to have been asymptomatic at the time of testing. Employees who tested positive are under isolation at home, while inmates who tested positive have been quarantined in a separate area of the jail and are receiving medical treatment and review from Erlanger Health System. Sheriff Jim Hammond said that jail personnel are “going to great lengths” to follow CDC guidelines and keep the facility sanitized. The jail has a capacity of 505 beds and there are currently 358 inmates housed at the facility.

Posted by: Stacey Shrader Joslin on Jun 15, 2020

Legal Aid Society of Middle Tennessee & the Cumberlands will hold three legal clinics by phone this week: Tuesday from 3-4:30 p.m., Wednesday from 11 a.m.-1 p.m., and Saturday from 8:30-11 a.m. Those needing assistance may call 800-238-1443 on any of these dates and times to speak to an attorney. Please contact Andrae Crismon or Kendra Cheek, 615-780-7131, for more information or to volunteer.

Posted by: Stacey Shrader Joslin on Jun 12, 2020

The Tennessee Supreme Court today ordered a stay of execution for Byron Black until April 8, 2021, because of the COVID-19 pandemic, the Tennessean reports. Black’s execution had been scheduled for Oct. 8. Black was convicted of the 1988 murders of his girlfriend, Angela Clay, and her two daughters, Latoya and Lakeisha Clay in Nashville. Black's legal team filed a motion in April to stay the execution, saying the court and prison safety measures expected to continue into the summer would affect their ability to adequately prepare for hearings in advance of the execution date. A hearing to determine Black’s competency originally was set for mid-August. It will now be rescheduled for early next year.

Posted by: Stacey Shrader Joslin on Jun 12, 2020

The Nashville Board of Health voted yesterday to immediately stop sharing the names and addresses of people infected with COVID-19 with police and other first responders, ending a contentious component of the city’s response to the pandemic. However, some board members said they would continue working on a more precise system for releasing the information, the Tennessean reports. Gov. Bill Lee halted the practice at the state level at the end of May.

Posted by: Kate Prince on Jun 11, 2020

A bill that would protect businesses, schools and other institutions from COVID-19-related litigation is quickly advancing through the House and Senate, the Nashville Post reports. The legislation was drafted with help from the Tennessee Chamber of Commerce and Industry and other business groups and, according to its House sponsor Rep. Michael Curcio, R-Dickson, is intended to “eliminate as many frivolous suits as possible.” Judiciary committees in both chambers advanced the proposal, but the Senate version would have the protections reach back to March and the House version would only protect the organizations once the law is enacted. Attorney and vice president of the Tennessee Trial Lawyers Association Mark Chalos argued a retroactive law would violate the state constitution, which says that “no retrospective law … shall be made.” Chalos argued the Senate’s version of the bill would take away litigation rights from people who currently have them for harm already done. The two bills are likely headed for full votes in the House and Senate and could require a conference committee to hash out the difference.  

Posted by: Kate Prince on Jun 11, 2020

Davidson County Chancellor Ellen Hobbs Lyle has called out state officials for not following a court order on mail-in absentee voting, the Daily Memphian reports. Last week, Lyle ordered the state to give all registered voters the option to vote by mail and to create forms allowing voters to check one of two boxes if they have concerns about catching COVID-19 at a polling location or are taking care of someone who could be affected by the virus. This week Lyle determined that the state has violated her initial order by putting COVID-19 voters’ applications on hold until the matter is finished in court. She has directed them to put up a new form by noon tomorrow and to instruct county election officials to comply with it by 5 p.m. tomorrow or the state could face contempt charges. “Shame on you for not following that procedure and just taking matters into your own hands,” Lyle said. A representative with the Attorney General’s Office argued the state is trying to comply with orders, but admitted the state had instructions on its website contrary to the chancellor’s order, but has now removed them.

Posted by: Kate Prince on Jun 9, 2020

The American Civil Liberties Union is considering a second lawsuit against the Shelby County Sheriff’s Office over COVID-19-related health conditions at the Shelby County Jail, the Daily Memphian reports. A demand letter from the ACLU and a wide range of organizations and attorneys was sent to Sheriff Floyd Bonner on Monday, alleging unsanitary conditions and inadequate preventative measures are jeopardizing the health of detainees in the jail. The letter claims detainees have limited access to drinking water, are given utensils and cups that are not cleaned and have “vomit and feces on the clothing, bedding and towels.” The letter gives the sheriff until 2 p.m. on Thursday to agree to remedy 15 alleged deficiencies, ranging from inadequate testing to a lack of hand sanitizer and soap. The ACLU filed a federal class action suit against the Sheriff’s Office last month that seeks habeas corpus hearings to obtain the release of medically vulnerable detainees. As many as 70 sheriff’s employees and 160 detainees have tested positive for COVID-19.

Posted by: Stacey Shrader Joslin on Jun 8, 2020

Chattanooga city courts will be closed for two weeks starting today after a staff member tested positive for COVID-19, the Times Free Press reports. The employee tested positive last Thursday. All clerk staff, city judges and their employees have been notified and tested and are now quarantining. The courts will be closed until June 18. Cases will be rescheduled and individuals are encouraged to call 311 for details about rescheduled dates and times. Anyone who attended court proceedings or visited the office between May 27 and June 4 is advised to monitor themselves for symptoms.

Posted by: Stacey Shrader Joslin on Jun 8, 2020

A joint effort by Republican leadership and Tennessee business groups aimed at reducing legal liability in COVID-19 related cases passed its first legislative hurdle Monday, the Nashville Post reports. The House Civil Justice Subcommittee moved the bill along to the full Judiciary Committee, which is scheduled to take up the measure tomorrow. The goal of the bill is to “eliminate as many frivolous suits as possible,” according to sponsor House Judiciary Chair Michael Curcio, R-Dickson. The bill has the support of Republican leadership, Gov. Bill Lee and business groups. Matt Hardin, president of the Tennessee Trial Lawyers Association, testified about the bill before the subcommittee vote, arguing that its protections are too broad and could result in “unintended consequences.”


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