TBA Law Blog


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Posted by: Stacey Shrader Joslin on May 6, 2020

The attorneys general for 11 Midwestern states are urging the U.S. Justice Department to pursue a federal investigation into market concentration and potential price fixing by meatpackers in the cattle industry during the COVID-19 pandemic. In a letter to U.S. Attorney General William Barr yesterday, the attorneys general noted that the domestic beef processing market is highly concentrated, with the four largest beef processors controlling 80% of the industry. The group alleges that the meatpacking industry is posting record profits, while ranchers are suffering significant market price losses. WMC News 5 has more from the Associated Press.

Posted by: Stacey Shrader Joslin on May 6, 2020

During Gov. Bill Lee's news briefing yesterday, Tennessee Health Commissioner Lisa Piercey said her department is looking to bring on additional contact tracers “probably sometime in June.” The department hired 230 workers last month to help trace those who have been exposed to the COVID-19 virus, the Times Free Press reports. Contact tracers interview those who test positive for the virus to gain information about their recent contacts. They then try to find and speak to those contacts, many of whom likely do not know they came in contact with the virus. Also yesterday, Gov. Lee announced the state would distribute five million masks to local health departments to help businesses safely reopen across the state, and would provide all business owners with up to 10 free thermometers to screen employees returning to work. Read more about that move in WATE.com.

Posted by: Stacey Shrader Joslin on May 6, 2020

The current pandemic has forced dramatic changes to policy and operations of the courts, from how cases are prepared and argued to the way they are decided. In these times of change it is critical to stay on top of new trends. Please join the TBA on Wednesday at 1 p.m. CDT for a roundtable discussion of these issues. Appellate Practice Section past chair and American Academy of Appellate Lawyers member Buck Lewis, Tennessee Supreme Court Justice Sharon G. Lee, and Clerk of the Appellate Courts Jim Hivner will discuss remote arguments, the recent oral argument white paper from the American Academy of Appellate Lawyers, and Justice Lee’s views on both. This event is free and open to all TBA members but registration is required. Log in information will be provided following registration.

Posted by: Liz Slagle Todaro on May 6, 2020

The COVID-19 pandemic and response has created unprecedented tension, including unsettled work environments. This friction can manifest in overreactions and strained work relationships. While crisis can bring about positive connections and change in organizations, anxiety over the current situation is putting pressure on people's coping skills. Unfortunately, in stressful situations, it can be more challenging to demonstrate empathy. Harvard Business Review addresses these challenges and shares some tips for increasing compassion for colleagues, including accepting that people have very different coping approaches and avoiding comparing levels of distress with what others are experiencing.

Posted by: Stacey Shrader Joslin on May 6, 2020

The U.S. Judicial Conference is asking Congress for $36.6 million in funding to make the majority of temporary judgeships permanent and add more judges across the nation in anticipation of a backlog of cases due to COVID-19. Writing to lawmakers, the group said, “It has been decades since the Judiciary’s judgeships needs were comprehensively addressed by Congress, and the pandemic has further highlighted the strain many courts are experiencing due to overwhelming caseloads and an inadequate number of judges.” Read more on Law.com.

Posted by: Stacey Shrader Joslin on May 6, 2020

Nelson Mullins, with an office in Nashville, has implemented a temporary 9% salary reduction for associates starting with the May 15 paycheck and continuing through December, Above the Law reports. However, the firm is providing a way for associates to “earn” back their reductions. Those who meet collections goals will receive the lost wages within a month of meeting the goal.

Posted by: Stacey Shrader Joslin on May 6, 2020

A new ABA Legal Fact Check posted today examines how COVID-19 is raising questions and legal challenges about employers’ actions related to keeping their workplace safe, and workers’ rights to seek reasonable accommodation under federal and state law. The resource seeks to help the public and media find dependable answers and explanations to sometimes confusing legal questions and issues. Read more in a release from the organization.

Posted by: Stacey Shrader Joslin on May 6, 2020

Legal Aid Society of Middle Tennessee & the Cumberlands will hold its May legal clinics over the phone due to the COVID-19 pandemic. Local attorneys will offer advice on questions about housing and renters’ rights, bankruptcy, medical bills, debt collection, domestic violence, SNAP benefits and unemployment benefits. Those needing assistance may call 800-238-1443 on one of these dates to speak to an attorney. Please contact Andrae Crismon or Kendra Cheek, 615-780-7131, for more information or to volunteer. Phone clinics planned for this week will take place tomorrow from 4:30-6 p.m. and Friday from 8:30-11 a.m.

Posted by: Kate Prince on May 5, 2020

Attorneys for 59-year-old Harold Nichols asked the Tennessee Supreme Court last week to delay his execution due to the COVID-19 threat, the Tennessean reports. The filing states the COVID-19 health crisis creates a dangerous environment for carrying out an execution and prevents necessary work and preparation to apply for clemency and pursue court challenges. The state Supreme Court has already postponed inmate Oscar Smith’s execution from June to February because of the virus threat. Byron Black has also asked to have his Oct. 8 execution delayed. The Dec. 3 execution date of Pervis Payne is the last execution Tennessee has scheduled.

Posted by: Kate Prince on May 5, 2020

An inmate at Trousdale Turner prison in Hartsville has died from COVID-19, marking the state’s first reported death of an incarcerated person infected with the illness, the Tennessean reports. The unidentified 67-year-old-man’s cause of death is still pending; he tested positive for the virus while in the hospital. Six inmates who tested positive for COVID-19 are currently in the hospital, with one in serious condition. Gov. Bill Lee announced on Friday that all Tennessee inmates and correction staff will be tested this week in an attempt to mitigate the spread of the virus. This news comes on the same day as the Hamilton County Sheriff’s Office’s announcement that it had tested all inmates and staff and the results were 100% negative. The Chattanoogan has that story.


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