TBA Law Blog


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Posted by: Stacey Shrader Joslin on Dec 10, 2021
News Type: Legal News

Tennessee Attorney General Herbert H. Slatery III joined a bipartisan coalition of 36 attorneys general in urging the American Law Institute to reject proposals that would weaken the ability of states to prosecute human and sex trafficking, sexual assault, abuse and exploitation crimes. The group writes that changes being considered to Section 213 of the Model Penal Code (MPC) would jeopardize the safety of victims and restrict the ability of law enforcement to protect the general public from recidivist behavior. Read more about the proposed changes in this release from the attorney general’s office.

Posted by: Stacey Shrader Joslin on Dec 10, 2021

U.S. District Judge Waverly D. Crenshaw issued a 54-page ruling today blocking the state from preventing schools from issuing mask mandates or stripping local health and school officials of their ability to set COVID-19 quarantine policies, the Tennessean reports. The ruling came in a case filed by the parents of students with disabilities. Crenshaw found that it was in the "public’s interest to slow the spread of COVID-19 in Tennessee’s schools” and that the "Defendants have proffered absolutely nothing to suggest that any harm would come from allowing individual school districts to determine what is best for their schools ...” The ruling on the merits of the case comes after Crenshaw temporarily blocked enforcement of the order in October.

Posted by: Stacey Shrader Joslin on Dec 10, 2021

A U.S. Senate panel this week advanced a bipartisan bill that would overhaul the federal judiciary's PACER electronic court record system and make the downloading of filings free for the public, Courthouse News reports. The bill now goes to the full U.S. Senate for consideration. The judiciary, which previously estimated it received $142 million in PACER fees last year, says it remains "concerned" about how the service will be paid for under the legislation. Users now pay $0.10 per page with a cap of $3 per document (with transcripts excluded). Advocacy groups have long called for free use of the database.

Posted by: Stacey Shrader Joslin on Dec 10, 2021
News Type: Legal News

In a coordinated legal strategy, seven counties in east Tennessee, and five counties and one city in west Tennessee, have filed separate federal lawsuits against consulting firm McKinsey & Co. over its involvement in the opioid crisis. A third suit is expected shortly from a group of Middle Tennessee counties according to Greeneville attorney Crystal Jessee, who is part of a team of attorneys representing the group. Tennessee Lookout reports that the counties are seeking an unspecific amount in damages for the consulting firm’s role as an advisor to Purdue Pharma, the maker of opioid drugs. The move comes despite an announcement from Tennessee Attorney General Herbert Slatery III about a year ago that the state would receive $15.1 million from settlement of a national case against McKinsey. The counties say it is not clear they will benefit from any of that money.

Posted by: Stacey Shrader Joslin on Dec 10, 2021
News Type: Congressional News

The U.S. Senate passed a bill this week to remove the name of former congressman and KKK member Clifford Davis from a federal building in Memphis, Action News 5 reports. The bill now goes to the president for his signature. U.S. Rep. Steve Cohen, D-Memphis, who sponsored the bill in the House, said the move is a “satisfying legislative accomplishment” and something he has worked on since first joining Congress. The building is currently named for Davis and the late Judge Odell Horton — the first Black federal judge appointed since reconstruction. Horton also was the president of LeMoyne-Owen College, served as an assistant U.S. attorney, and was the first Black member of Memphis Mayor Henry Loeb’s administration.

Posted by: Stacey Shrader Joslin on Dec 10, 2021
News Type: Election 2022

Newport lawyer Mark Strange has announced his candidacy for Cocke County General Sessions Court judge. He will run in the May 2022 Republican Primary, the Newport Plain Talk reports. Stange, an Air Force veteran, spent much of his early career in law enforcement, including positions with the Newport and Gatlinburg police departments. While working in Gatlinburg, Strange attended, and then in 2014, graduated from the Lincoln Memorial University Duncan School of Law. Following law school, he joined the Fourth Judicial District Attorney General’s Office. He currently works out of the Cocke County office.

Posted by: Stacey Shrader Joslin on Dec 10, 2021
News Type: Election 2022

Memphis attorney Steve Mulroy announced yesterday that he will compete in the Democratic primary for Shelby County district attorney. The position is currently held by Amy Weirich, a Republican, who also has announced her reelection effort. Weirich has been in the post since 2011. According to the Memphis Commercial Appeal, Mulroy’s announcement included a “scathing indictment of Weirich's time in office.” Mulroy has been on the faculty of the University of Memphis School of Law since 2000, teaching constitutional law, criminal law and procedure, civil rights and election law. He is a former civil rights lawyer for the U.S. Justice Department and a former federal prosecutor. He also was a Shelby County commissioner from 2006 to 2014. Mulroy will face a primary challenge from attorney Linda Harris, an independent conflict resolution mediator and arbitrator who previously worked as federal judicial law clerk to the late U.S. District Court Judge Jerome Turner. Harris also worked as a prosecutor with the U.S. Attorney's Office in the Western District, as a constitutional law and civil rights attorney in private practice and as a Memphis police officer.

Posted by: Stacey Shrader Joslin on Dec 10, 2021

The Legal Aid Society of Middle Tennessee and the Cumberlands will hold two clinics next week. A phone clinic will be held Tuesday at 2 p.m. to provide general advice. The first 15 callers will be accepted. Then on Wednesday, LAS will hold a clinic specifically for veterans from 11 a.m. to 1 p.m. at Operation Stand Down, 1125 12th Ave. S. Nashville 37203. All times central. To volunteer contact Kendra Cheek, 615-780-7131. See all upcoming clinics.

Posted by: Kate Prince on Dec 9, 2021

State Sen. Heidi Campbell, D-Nashville, this week asked Davidson County District Attorney Glenn Funk to investigate the state’s no-bid contracting process, the Tennessean reports. In a letter to Funk on Tuesday, Campbell requested an “audit and financial review” of all emergency purchases made by Gov. Bill Lee during the pandemic. Campbell said the process leaves the public in the dark on how the state selects contractors. Lee’s emergency powers allow him to sign contracts without a competitive bidding process. Any contracts that are considered emergency purchases are also not subject to legislative oversight. Funk’s office today signaled the DA would be in favor of conducting the audit.

Posted by: Kate Prince on Dec 9, 2021

The Governor’s Council for Judicial Appointments completed Supreme Court candidate interviews today and voted to send the names of Sarah Campbell, Kristi M. Davis and Neal McBrayer to Gov. Bill Lee for his consideration. A total of nine applicants were interviewed by the council yesterday and today at the Tennessee State Library and Archives in Nashville as part of the process to fill the court vacancy created by the death of Justice Connie Clark. The Administrative Office of the Courts has more on the story.


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