TBA Law Blog


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Posted by: Stacey Shrader Joslin on May 22, 2020

Tennessee Attorney General Herbert H. Slatery III has joined 38 attorneys general in urging Congress to help ensure all Americans have the home internet access they need to participate in telemedicine, teleschooling and telework. The group lauded independent efforts of various companies to increase access by waiving late fees or even providing free or discounted access to students and medical providers, but said such efforts are not sustainable. They instead argue for a national solution as part of any additional legislation that provides relief and resources related to the COVID-19 pandemic. Read the letter.

Posted by: Kate Prince on May 21, 2020

Sen. Lamar Alexander told reporters today that university presidents across the state have concerns about facing legal actions for reopening in the fall, WPLN reports. The Republican senator, who serves as chairman of the U.S. Senate’s Education Committee, said that members of his party would push for liability protections for universities if a new COVID-19 relief bill is passed.  Alexander said a failure to do this could make what has been an already “difficult financial year” even more difficult. He also said more testing will be available for universities and businesses before the beginning of the fall semester.

Posted by: Kate Prince on May 21, 2020

Attorney General Herbert Slatery today announced he has joined a bipartisan coalition of state attorneys general asking Congress to pass the Safeguarding America’s First Responders Act. Under that bill, families of first responders who have died or been totally disabled as a result of COVID-19 would receive the same federal benefits extended to first responders, or their survivors, otherwise killed or injured in the line of duty. Federal law currently allows survivors to access only certain benefits if they provide evidence that proves their family member contracted COVID-19 while on duty. The legislation would establish a temporary presumption that first responders contracted the virus while on duty if diagnosed within 45 days of their last shift. This legislation passed through the U.S. Senate and is currently being considered by the House of Representatives. Read the letter Slatery and 51 attorneys general sent today to Congress.

Posted by: Kate Prince on May 21, 2020

The American Civil Liberties Union (ACLU) and Memphis-based Just City are among several legal organizations bringing a federal class action lawsuit against the Shelby County Sheriff’s Office, seeking the release of inmates most vulnerable to COVID-19, the Commercial Appeal reports. The lawsuit defines those most vulnerable as detainees over the age of 55 or those with previous medical conditions. This action comes after an announcement last month that nearly 200 inmates and staff tested positive at Memphis’ 201 Poplar Ave. facility. Shelby County officials have decreased the jail population by hundreds in recent months and District Attorney General Amy Weirich has worked to fast-track cases and says her office is dismissing many charges.

Posted by: Stacey Shrader Joslin on May 20, 2020

Nashville metro government is requiring employees and visitors to wear a mask before entering government buildings, Nashville Public Radio reports. A new executive order from Mayor John Cooper requires anyone “inside any building or indoor space that is owned, managed, or leased” by Metro to wear a face covering. The order exempts employees who work alone in an office, as well as children under the age of two, older kids who cannot safely wear a mask and adults whose health or safety would be jeopardized if they wore a face covering. The city says it will have masks on hand to distribute to visitors who do not have their own face coverings as long as supplies last.

Posted by: Stacey Shrader Joslin on May 20, 2020

The state of Michigan has joined the small but growing list of jurisdictions that plan to administer the July bar exam online amid the COVID-19 pandemic, Law.com reports. The Michigan Supreme Court ordered that the attorney licensing exam, which normally takes place in person over two days, will be reduced to one day and given remotely on July 28. It will consist only of Michigan essay questions, eliminating the Multistate Bar Exam. Michigan joins Indiana and Massachusetts in making the move to an online exam. California, Massachusetts and Nevada reportedly are considering similar decisions, while Utah has created a pathway for some recent graduates to skip the exam altogether.

Posted by: Barry Kolar on May 19, 2020

Tennessee's Supreme Court held its first live-streamed oral arguments today, with the five justices donning their robes and logging in to the Zoom platform to hear three cases, WPLN reports. The high court began video recording proceedings nearly two years ago. And last month, the justices held arguments by video conference which were later posted online. “So today, we take the next natural step,” Chief Justice Jeffrey Bivins said. “We feel like this is a very important step from the standpoint of showing our citizens and having them grow in confidence in our system by showing our courts are open and accessible.”

Posted by: Kate Prince on May 19, 2020

U.S. Attorney J. Douglas Overbey of the Eastern District of Tennessee announced yesterday that the Bradley County Sheriff’s office received $41,405 in Department of Justice grants to respond to the public safety challenges posed by the outbreak of COVID-19, the Chattanoogan reports. The grant is available through the Coronavirus Emergency Supplemental Funding, a program authorized by the recent stimulus legislation. The law gives jurisdictions considerable latitude using these funds for dealing with COVID-19.  Potential uses include hiring personnel, paying overtime, purchasing protective equipment, distributing resources to hard-hit areas and addressing inmates’ medical needs.  

Posted by: Kate Prince on May 19, 2020
News Type: COVID-19 News, Upcoming

The Legal Aid Society of Middle Tennessee and the Cumberlands will continue its weekly Facebook Live Q&A Wednesday at noon CDT. LAS attorney Mary Gillum will host this week’s show, which will cover economic impact payments, holds on tax collection and tax payment relief. LAS launched the show earlier this month to answer frequently asked questions relating to the COVID-19 pandemic.

Posted by: Stacey Shrader Joslin on May 18, 2020

When lawmakers return to Nashville on June 1 to grapple with the state budget, they will not have much to work with other than the obvious reality that revenues are way down, the Daily Memphian reports. The legislature also is facing conflicting opinions on how much work it should undertake. The Senate reportedly is set to concentrate on budget and virus-related legislation, while the House is open to considering other legislation. The leaders also have not agreed on whether the general public should be allowed to return to the Cordell Hull Building and the House and Senate chambers, though Gov. Bill Lee says he plans to continue keeping the general public out of public spaces in the Capitol “through the foreseeable future.” News broke last week that state revenues collected in March were $693.8 million less than budgeted because of the COVID-19 crisis, while general fund revenues were down by $651 million and sales tax collections were down $61.2 million. The June session will start with House committee hearings the final week of May. In related news, TN Journal reports that the State Funding Board has canceled a meeting for this week to assess the impact the pandemic is having on state finances. 


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