TBA Law Blog


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Posted by: Stacey Shrader Joslin on Jul 18, 2022
News Type: Legal News

Charles AtchleyA Tennessee-based federal judge has blocked the Biden administration from enforcing an executive order designed to protect the LGBTQ community from discrimination in schools and the workplace. Tennessee Lookout reports. The decision by U.S. District Judge Charles Atchley Jr., issued on Friday, was in response to a case filed by Tennessee Attorney General Herbert Slatery and 19 other state attorneys general. Atchley agreed with the group that the January 2021 executive order went too “too far and too quickly, stretching the U.S. Supreme Court’s employment-based decision beyond its ‘narrow’ holding, usurping the authority of Congress and state Legislatures and failing to give lawmakers and the public a say on the issue." The ruling means the order will be unenforceable while the states pursue their challenge. Read the ruling and Slatery's response.

Posted by: Stacey Shrader Joslin on Jul 18, 2022
News Type: Legal News

The federal government is ordering TennCare to change its modified block grant program a year and a half after the Trump administration approved it, Tennessee Lookout reports. The Centers for Medicare & Medicaid Services has directed the state to end a closed formulary for pharmaceuticals that would have reduced coverage for expensive drugs and therapies. It also is asking the state to submit a new budget model based on the number of enrollees each month. Under the revisions, the state also will not be allowed to cut benefits or coverage in effect Dec. 31 without federal approval. Finally, the state is being encouraged to expand adult dental treatment, postpartum coverage and home and community-based care. Tenncare says it is reviewing the directive.

Posted by: Stacey Shrader Joslin on Jul 18, 2022
News Type: Election 2022

William Slater has announced he is running in the Republican primary to represent the 35th District of the state House of Representatives, which serves Sumner and Trousdale counties. Slater says he has worked in education for his entire professional career. He also has been involved with a number of ministries and non-profit organizations. Slater is past chair of the Republican Party of Sumner County and the Hendersonville Chamber of Commerce. He currently serves as president of Improve Hendersonville, which operates a camp each summer to help elementary students improve reading skills. Read his campaign statement on Gallatin News.com.

Posted by: Stacey Shrader Joslin on Jul 18, 2022
News Type: Legal News

Circuit Court Judge Thomas W. Graham of the 12th Judicial District officially retired on June 30, but will remain on the bench until his successor takes over Sept. 1. Graham was elected to the court in 1990 and went on to serve four terms. Among the notable cases he heard was Tennessee's first DNA case and one of the first cases decided after the Tennessee Supreme Court adopted comparative fault. He also was the first and only judge to bring Court TV to a Tennessee courtroom. The Administrative Office of the Courts has more on his career, which also included service in the TBA House of Delegates.

Posted by: Stacey Shrader Joslin on Jul 18, 2022
News Type: TBA CLE

Join TBA’s legislative team on July 28 for an update on legislation from the most recent session of the Tennessee General Assembly. In this one-hour webcast, Berkley Schwarz, director of public policy & government affairs for the Tennessee Bar Association, and Brad Lampley of Adams and Reese will provide a thorough review of new laws affecting Tennessee lawyers. Program will start at noon CDT.

Posted by: Stacey Shrader Joslin on Jul 18, 2022
News Type: Your Career

The Nashville office of Baker, Donelson, Bearman, Caldwell & Berkowitz is seeking an associate with four to six years of complex litigation experience to join its Construction Law Group. Specific experience in construction law and litigation is preferred, and engineering, architecture or construction management experience is a plus. See the full job description and application instructions on the TBA’s JobLink platform.

Posted by: Stacey Shrader Joslin on Jul 15, 2022

Lt. Gov. Randy McNally this week condemned Nashville District Attorney Glen Funk for saying publicly that he will refuse to prosecute certain state laws such as limits on abortion, transgender bathrooms and camping on public property. Saying Funk is “declaring himself above the law,” McNally called on the state attorney general to take action if Funk continues to refuse to prosecute. “We don’t have dictators here — not at the federal level, not at the state level and not in 20th Judicial District,” McNally said. “If General Funk persists in declaring himself above the law, the attorney general should reacquaint him with his oath of office and petition the court to appoint a district attorney pro tem as the law provides.” Mainstreet Nashville has more on the story.

Posted by: Stacey Shrader Joslin on Jul 15, 2022
News Type: Upcoming

The long awaited finale of the Woman Suffrage Centennial celebration is coming soon to Knoxville’s historic Bijou Theatre. “A Vote of Her Own” musical tells the story of the last campaign to win voting rights for American Women in 1920, including the efforts of Tennessee legislators to ratify the 19th Amendment. The show, which will be presented for just one night, is the culmination of celebrations across the state that began in 2020 to mark the 100th anniversary of women’s right to vote. It had been delayed by pandemic concerns. Purchase tickets for the musical or for a reception following the presentation with the stars of the show.

Posted by: Stacey Shrader Joslin on Jul 15, 2022
News Type: Legal News

Former U.S. Supreme Court Justice Stephen Breyer has joined the Harvard Law School faculty, Bloomberg Law reports. Breyer, 83, will teach administrative law and continue to write books, according to a press release issued today. Breyer is a graduate of the school and taught there before taking the bench. He says he hopes to “explain why I believe it important that the next generations of those associated with the law engage in work, and take approaches to law, that help the great American constitutional experiment work effectively for the American people.” Read more from the school. The American Bar Association also reported today that Breyer will chair its Rule of Law Initiative Board beginning on Aug. 9. The 20-member board and five regional councils oversee rule of law programs around the world.

Posted by: Stacey Shrader Joslin on Jul 15, 2022

The Tennessee Supreme Court today reappointed seven members to the Advisory Commission on the Rules of Practice and Procedure. They are: Andrée Blumstein, Eugene “Gino” Bulso, Bo Burk, Michael Carter, Mark Fulks, Aaron Hall and Timothy Mickel. Their previous terms expired on June 30. They will now serve through June 30, 2025. The court also reappointed Bulso as chair and Clayton as vice chair of the commission. They will serve in those rules through June 30, 2023.


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