TBA Law Blog


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Posted by: Stacey Shrader Joslin on Mar 29, 2022
News Type: Election 2022

The Nashville Bar Association today released the results of a member poll of candidates being considered to serve on the bench, as district attorney or as court clerk in Davidson County. Members were asked to rate candidates in contested races as of noon on March 14. The NBA received 523 responses. Results are reported as raw ballot results with no attempt to extrapolate results. The association says it regularly polls its members regarding judicial elections to help the public assess candidates and help to ensure that the Nashville judiciary is highly qualified and dedicated to a fair and equitable legal system. The Nashville Post has initial reporting on the findings.

Posted by: Stacey Shrader Joslin on Mar 29, 2022
News Type: TBA CLE

Sessions from the TBA’s 2022 Construction Law Forum are now available as a 1-Click Package. Purchase the full forum or just the individual sessions desired. This year’s forum focused on the unique aspects of mechanics' and materialmen's lien law, exploring special situations such as when liens on leaseholds are proper; whether a lien or bond claim should be used against a hybrid project; who qualifies as an "owner" for purposes of serving certain notices; and what exactly is "visible commencement of operations" and "completion of the improvement." There also will be an ethical discussion about whether lawyers can "bluff" by serving a notice of nonpayment and/or notice of lien when certain prerequisites have not been satisfied?

Posted by: Barry Kolar on Mar 29, 2022
News Type: Legal News

Nominations for the TBA's Fourth Estate Award: Honoring Courageous Reporting on Justice and the Law are due Thursday. This year’s prize includes a $250 honorarium for the winner. The TBA strongly supports the freedom of expression under the First Amendment, as exercised by lawyers on behalf of their clients and by journalists on behalf of the public. It particularly wants to recognize and encourage journalists who promote public understanding of the rule of law and our system of justice through their vigorous exercise of First Amendment rights. Nominees may be individuals or teams of Tennessee-based journalists who worked on  published stories. For more information, contact TBA Assistant Executive Director Barry Kolar.

Posted by: Stacey Shrader Joslin on Mar 29, 2022

The Tennessee General Assembly agreed Monday to ban newcomers from running for U.S. House and Senate seats and make the ban effective for the next election, the Nashville Post reports. The Tennessee House had preferred delaying the effective date until after this year’s election but the Senate argued it should go into effect immediately. Following negotiations, the House adopted the Senate language. If signed by Gov. Bill Lee, the measure could keep Trump-backed candidate Morgan Ortagus and music video producer Robby Starbuck from running in the state’s newly redrawn 5th Congressional District. Some have questioned the constitutionality of the measure since the U.S. Constitution specifically lays out requirements for congressional candidates, which do not include residency rules other than the candidate live in the state. In related news, Punchbowl News reported today that the Tennessee Conservative PAC is planning to fund a lawsuit to overturn the bill.

Posted by: Stacey Shrader Joslin on Mar 29, 2022
News Type: Legal News

U.S. News & World Report has unveiled its 2023 Best Law Schools rankings with one big change this year: for the first time since 1990, Harvard Law School is no longer in the top three. In this latest ranking, Harvard now ties Columbia Law School for fourth place. University of Chicago Law School took Harvard’s place, after having tied Columbia for fourth place last year. The only Tennessee school to make the Top 50, Vanderbilt University Law School, dropped one position from last year, from number 16 to 17. The University of Tennessee College of Law ranked just outside the Top 50 with a score of 56, while Belmont University College of Law came in at 133 and the University of Memphis Cecil C. Humphreys School of Law came in at 142. LMU Duncan School of Law was unranked beyond the #147-192 category. Read more about the rankings from Above the Law or see the full list from U.S. News & World Report.

Posted by: Stacey Shrader Joslin on Mar 29, 2022

The Tennessee Bar Association Academy offers an exciting opportunity for a limited number of Tennessee attorneys to be admitted to practice before the U.S. Supreme Court. The 2022 admission ceremony will take place Oct. 4 at the court in Washington, D.C. In addition to taking part in the private ceremony, participants will be invited to a TBA President's Reception and a special celebration dinner, and receive three hours of prepaid credits to use for future CLE programming. The group will stay at the Hay Adams Hotel, where a block of rooms has been reserved at the discounted rate of $345 a night. The cost to register is $725 for TBA members and $300 for guests. Those interested in participating should complete this online form by June 1. Applicants will be considered on a first-come basis and will be contacted to confirm their interest and complete the application process.

Posted by: Stacey Shrader Joslin on Mar 28, 2022
News Type: Legal News

Gov. Bill Lee has announced the selection of three new appellate court judges. For the Tennessee Court of Appeals in the Middle District he named Belmont University law professor Jeffrey Usman. Lee also announced the appointments of 11th Judicial District Criminal Court Judge Thomas Greenholtz and 6th Judicial District Criminal Court Judge Kyle Hixon to Eastern Division seats on the Tennessee Court of Criminal Appeals. Each appointment is effective Sept. 1 and subject to confirmation by the General Assembly. “Each of these qualified Tennesseans will bring valuable experience to their respective roles,” Lee said in a release. “I am confident they will serve our state with the highest integrity, and I look forward to their service.” The Nashville Post also has the story.

Posted by: Stacey Shrader Joslin on Mar 28, 2022
News Type: Legal News

The American Inns of Court on Saturday posthumously awarded the Lewis F. Powell Award for Professionalism and Ethics to former Memphis attorney Leo Bearman Jr. Former Tennessee Supreme Court Justice William C. Koch Jr. — now dean of the Nashville School of Law — presented the award at the American Inns of Court Celebration of Excellence at the U.S. Supreme Court in Washington, D.C. Bearman’s son Edward Bearman, who practices at the Law Office of Edward M. Bearman, received the award on behalf of his father. He was joined at the event by his brother David Bearman, a shareholder at Baker, Donelson; his father’s long-time secretary Judy Birchler; firm shareholder Kristine Roberts; and Judge Thomas Parker of the U.S. District Court for the Western District of Tennessee. The award recognizes exemplary service to the legal profession in the areas of professionalism, civility and ethics. Bearman practiced law for 60 years in Tennessee primarily with Baker, Donelson, Bearman, Caldwell & Berkowitz. He was a past president of the Memphis and Shelby County Bar Association and recipient of that group’s Lawyers Lawyer Award for professionalism.

Posted by: Stacey Shrader Joslin on Mar 28, 2022
News Type: Legal News

The Nashville Bar Association (NBA) held a reception at Spencer Fane Bone McAllester Thursday to honor 2022 President Martesha L. Johnson, who serves as the Nashville Metropolitan Chief Public Defender. Those in attendance included TBA President Sherie Edwards and TBA Executive Director and former NBA president Joycelyn Stevenson.

Posted by: Stacey Shrader Joslin on Mar 28, 2022
News Type: Legal News

Hedy Weinberg, the longtime executive director of the American Civil Liberties Union of Tennessee, announced on Friday that she is stepping down at the end of June. Weinberg has led the civil rights organization for nearly four decades, having been named to the post in 1984, according to the Nashville Post. The organization moved its headquarters to Nashville early in Weinberg’s tenure in an effort to focus on state legislation and, under her watch, the staff has grown from two to 12. According to a release from the group, the board of directors will conduct a nationwide search for Weinberg’s successor.


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