TBA Law Blog


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Posted by: Stacey Shrader Joslin on Aug 8, 2022

The Tennessee Supreme Court today held the first of two days of formal interviews for the six applicants for Tennessee’s new attorney general and reporter. Each applicant introduced himself, followed by extensive questioning from each of the justices, the Administrative Office of the Courts reports. A video of the proceedings is now available online. “The applicants were all remarkable, experienced, and gracious in their answers during a robust interview process,” Chief Justice Roger A. Page said. The court will continue its process tomorrow.

Posted by: Stacey Shrader Joslin on Aug 8, 2022

At the American Bar Association annual meeting this past week in Chicago, three Tennessee lawyers were recognized. Former TBA president Danny Van Horn took office as chair of the ABA’s Litigation Section and was celebrated at a reception hosted by his firm. He will serve during the 2022-2023 bar year, which marks the section’s 50th anniversary year. Van Horn is a trial attorney in the Memphis office of Butler Snow. Then at a reception hosted by the TBA, Knoxville lawyer Heidi Barcus and Nashville lawyer Sam H. Poteet Jr. were honored for their ABA service. Barcus, a special counsel at Lewis Thomason, is the immediate past chair of the ABA Law Practice Management Section and an ABA Fellow. Poteet, a principal at Manier & Herod, is a past chair of the ABA Tort Trial & Insurance Practice Section and past chair of the ABA Tort, Trial & Insurance Practice Section’s Fidelity & Surety Law Committee. See more photos from the meeting.

Posted by: Stacey Shrader Joslin on Aug 8, 2022
News Type: Legal News

A drop in demand for legal services, combined with rising pay and overhead costs, could spell trouble for U.S. law firms this year, Reuters reports. The Thomson Reuters Law Firm Financial Index, a quarterly composite score of demand, expenses, rates, productivity and other economic indicators at large and midsize law firms, was released today. It showed the index fell to its lowest point this past quarter since its 2006 founding. A year ago, the index was at an all-time high. So, what changed? Reuters points to a decrease in demand for law firm services combined with a 12% rise in direct expenses.

Posted by: Stacey Shrader Joslin on Aug 8, 2022
News Type: Legal News

A new lawsuit has been filed on behalf of six Davidson County children, collectively known as the “Baby Doe Plaintiffs,” all of whom were born dependent on opioids as a result of in utero exposure. The claim, which was filed under the Tennessee Drug Dealer Liability Act (DDLA), seeks compensation for the harm inflicted on the children by the alleged actions of numerous drug producers, distributors, pharmacy chain and pill mill defendants. Branstetter, Stranch & Jennings is handling the case. Read more in a release or read the filing.

Posted by: Stacey Shrader Joslin on Aug 8, 2022
News Type: Legal News

The U.S. Justice Department declined to pursue a civil rights investigation of a federal agent allegedly captured on video placing his boot on the neck of a Latino worker at a Grainger County slaughterhouse, Tennessee Lookout reports. The department’s refusal to probe the actions of agent John Witsell in the April 2018 raid on Southeastern Provision was disclosed in a recent filing in U.S. district court. The motion states that the department’s Civil Rights Division was notified of the alleged excessive force but, within days, decided not to conduct a formal inquiry. The motion also reveals that the U.S. Immigration and Customs Enforcement Office of Professional Responsibility declined to take disciplinary action against Witsell. Latino workers at the slaughterhouse have filed a civil rights conspiracy suit, arguing they were targeted solely because of their race or ethnicity. They claim they were handcuffed, detained without any proof of wrongdoing, mocked and brutalized. As part of their suit, they are seeking access to the video in question.

Posted by: Stacey Shrader Joslin on Aug 8, 2022
News Type: Legal News

The Tennessee Bar Foundation has announced the process for applying for its grant awards for 2023. The grant application and additional instructions will be available on Aug. 17 on the foundation’s website. Though applicants will fill out the form electronically, only a hard copy of the completed application should be submitted. Applications must be postmarked no later than midnight on Sept. 14. New and current recipients of IOLTA grants are invited to participate. Read more in the attached announcement.

Posted by: Stacey Shrader Joslin on Aug 8, 2022
News Type: Clarification, Upcoming

An item in Friday's issue of TBA Today was not clear about the groups holding a networking reception this Thursday in Nashville. The event at Pins Mechanical Company is being hosted by the Lawyers' Association for Women (LAW) - Marion Griffin Chapter and the Tennessee Stonewall Bar Association. The event will take place from from 5:30 to 7 p.m. CDT. Attendees will gather for games and libations and pizza will be provided. Discounted parking is available on the lower levels of the Broadway Whole Foods garage. Bring your ticket to the event for validation. PINS Mechanical is located at 1102 Grundy St., Nashville, 37203. RSVP here

Posted by: Stacey Shrader Joslin on Aug 8, 2022
News Type: Legal News

Tennessee's school voucher program can go ahead for this school year, a three-judge panel ruled late Friday afternoon, the Tennessean reports. The judges — Davidson County Chancellor Anne C. Martin, Blount County Circuit Court Judge Tammy M. Harrington and Shelby County Circuit Court Judge Valerie L. Smith, sitting as a special chancery court — heard arguments against the law earlier that day but ultimately denied a motion for an injunction. School started today in both affected jurisdictions, Nashville and Memphis.

Posted by: Stacey Shrader Joslin on Aug 8, 2022
News Type: Your Career

The Tennessee Center for Civil Rights — a new social justice organization that promotes equality in Tennessee through impact litigation — is seeking a staff attorney and a legal director for its Nashville office. Both employees will litigate civil rights cases in three core areas: fighting discrimination, advancing voting rights and reforming the criminal legal system. The legal director also will develop cases and take a lead role in managing all aspects of the group’s litigation program. Applicants for the staff attorney position should have at least two years of experience litigating complex civil cases. Applicants for the legal director position should have at least eight years of experience litigating complex civil cases, with substantial experience with discrimination, voting rights, and/or criminal legal system cases. Read both job descriptions and get instructions for applying on the TBA’s JobLink platform.

Posted by: Stacey Shrader Joslin on Aug 5, 2022
News Type: Congressional News

The U.S. Senate Judiciary Committee deadlocked along party lines yesterday on President Joe Biden's nomination of attorney Rachel Bloomekatz to the 6th Circuit Court of Appeals, Courthouse News reports. Bloomekatz is a solo practitioner and adjunct professor at Ohio State University’s Moritz College of Law. During her confirmation hearing, Republicans on the committee questioned her work on gun control issues and representation of a 15-year-old who was sentenced to more than 100 years for robbery, kidnapping and rape. The nomination is still expected to advance out of the committee, but the tie vote will delay the confirmation process, requiring the Senate to hold an extra vote, the news source explains.


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