TBA Law Blog


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Posted by: Kate Prince on Mar 24, 2022
News Type: Election 2022

Three Republicans are seeking to fill the vacant House District 26 seat. Hamilton County Commissioner Greg Martin of Hixson, Shannon Stephenson of Harrison and David Swinford of Rivermont are all seeking appointment from the Hamilton County Commission, which will make a decision on March 30. Martin, who noted he’d been elected to serve the county as commissioner three times, said he will run for the seat even if he is not appointed. Stephenson is the CEO of Cempa Community Care. She says her experience helping with legislation at the state level to eliminate health disparities in the region makes her the most qualified candidate. Swinford owns a cattle farm and, alongside his wife, sells lesson plans and teaching materials to teachers. He said he has picked up paperwork to run for the seat, and is “90 % committed” to run. The seat was vacated by former Rep. Robin Smith after she pleaded guilty to federal wire fraud. Yahoo News has the story from Times Free Press.

Posted by: Kate Prince on Mar 24, 2022
News Type: Election 2022

Attorney Lee Brooks has announced he is running for judge in the 22nd Judicial District’s Circuit Court, Division III, Main Street Clarksville reports. Before earning his law degree, Lee served four years active duty in the U.S. Marine Corps, served in law enforcement for 14 years and as a teacher for eight years. He went into private practice before taking a position as assistant public defender. Lee currently serves as an assistant district attorney in a neighboring district. Read more from him campaign website.

Posted by: Kate Prince on Mar 24, 2022
News Type: Legal News

The Tennessee Court of Appeals yesterday upheld a lower court ruling that Graceland doesn’t have standing to challenge a contract between Memphis and Shelby County governments and the FedExForum, the Daily Memphian reports. The long-running legal dispute began in 2014 after Graceland expanded its Whitehaven campus using a tax increment financing district. Three years later, Graceland sought an increased draw on the increment to finance a 6,200-seat arena as part of the campus. City and county leaders rejected the funding, citing the Memphis Grizzlies’ agreement with city and county governments to operate FedExForum. That deal included a noncompete clause barring the city and county from funding an arena with more than 5,000 fixed seats. The appeals court upheld Chancellor Jim Kyle’s dismissal of the case because Graceland was not a party to the arena agreement. 

Posted by: Kate Prince on Mar 24, 2022
News Type: TBA CLE

TBA CLE will present The Credentialed Court, Diversity and Legal Ethics webcast on April 7 from noon until 1 p.m. CDT. Inspired by the book “The Credentialed Court,” authored by University of Tennessee College of Law Professor Ben Barton, this program will cover diversity on the U.S. Supreme Court and in the legal profession and our ethical obligation to seek diversity in all of its forms. The book establishes just how different today’s justices are from their predecessors by combining two massive empirical studies of every justice’s background with short bios of past greats to demonstrate that today’s justices arrive on the high court with much narrower experiences than they once did.

Posted by: Kate Prince on Mar 24, 2022
News Type: Legal News

Hendersonville resident Wesley Somers, 26, has been sentenced to five years in prison for attempting to burn down the Metro Courthouse in 2020 after protests that followed the death of George Floyd, the Associated Press reports. Somers pleaded guilty to federal arson charges last summer. The courthouse was graffitied, some of its windows were smashed and a fire was set inside following the gathering. Tips from citizens helped Nashville police identify Somers in video clips and photos from the incident. U.S. Attorney Mark H. Wildasin said his office would “always defend” an individual’s First Amendment rights, but “will not tolerate the actions of those who choose to exploit peaceful protest by resorting to violence and intimidation.”

Posted by: Kate Prince on Mar 24, 2022
News Type: Legal News

Three attorneys were interviewed this week to be the new bond counsel for the Metro Industrial Development Board as it works to expand downtown Nashville across the Cumberland River, the Tennessean reports. Former U.S. Attorney for the Eastern District of Tennessee Doug Overbey, Waller Law’s Alex Buchanan and the father-son team leading Carpenter Law were interviewed by members of the board. The quasi-governmental agency expects a wave of bond applications for public-private deals. Officials say they will work with private developers to rebuild and lease more than 100 acres of industrial east-bank land owned by the city and its affiliates. The Industrial Development Board will next meet March 31 to discuss whether to make an offer.

Posted by: Stacey Shrader Joslin on Mar 23, 2022

The Senate Judiciary Committee held the third day of hearings and a second day of questioning today for Supreme Court nominee Ketanji Brown Jackson. Questions from Republican senators continued to center on the judge’s track record on sentencing, especially in child pornography cases. Jackson pushed back on the questions saying, “no one case can stand in for my entire record.” When asked if she regretted some of the sentences, which fell below the sentencing guidelines, she said, “What I regret is that in a hearing about my qualifications to be a justice on the Supreme Court, we’ve spent a lot of time focusing on this small subset of my sentences.” Republicans on the committee also asked today to get copies of pre-sentencing reports related to the cases in question. Committee Chair Dick Durbin, D-Illinois, said that move would be unprecedented and could negatively impact victims. The Hill has a wrap up of the day. Tomorrow, the committee will hear from a number of outside groups, including the ABA.

Posted by: Stacey Shrader Joslin on Mar 23, 2022
News Type: BPR Actions

Williamson County lawyer Kathryn Goff Brinton was reinstated to the practice of law effective March 7 after being on inactive status since Nov. 15, 2006. The Tennessee Supreme Court issued the order this week after the Board of Professional Responsibility reported that Brinton’s reinstatement petition was satisfactory.

Posted by: Stacey Shrader Joslin on Mar 23, 2022
News Type: Upcoming

The Tennessee Department of Revenue will hold its next free webinar on state tax issues on March 29 at 9 a.m. CST. This session will focus on preparing a business tax return. Participants will learn how to file, determining gross sales, calculating deductions, filing for multiple locations and more. Register here.

Posted by: Stacey Shrader Joslin on Mar 23, 2022
News Type: Legal News

The Sequatchie County Chancery and Probate courts recently received approval to implement e-filing. The local rules for the 12th Judicial District are now available for review here or on the Sequatchie County Clerk and Master’s webpage. The rules must be made public as part of a 30-day comment and notice period. For more information, contact Sequatchie County Clerk & Master Jared Smith at 423-949-3670.


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