TBA Law Blog


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Posted by: Stacey Shrader Joslin on Sep 3, 2021

The parents of three Knox County Schools students — all of whom have a disability or chronic illness — have filed a lawsuit against Gov. Bill Lee and Knox County claiming their children are “unable to safely attend school without increased risks of serious injury or even death.” The suit, which is seeking class action status, alleges that Lee’s executive order allowing parents to opt out of school mask mandates and Knox County’s lack of a school mask mandate violate the federal Rehabilitation Act and Americans with Disabilities Act, WATE reports. The parents are asking for a temporary restraining order and preliminary injunction of Executive Order No. 84 so that Knox County schools can enforce mask mandates. It is the second suit filed by families concerned about their children’s safety. A similar suit was filed a few days ago in Shelby County.

Posted by: Stacey Shrader Joslin on Sep 3, 2021

The state’s one-time top vaccination official has filed a federal lawsuit accusing Tennessee Department of Health leadership of making “stigmatizing and defamatory statements” against her. Dr. Michelle Fiscus filed the lawsuit yesterday naming Tennessee Department of Health Commissioner Dr. Lisa Piercey and Chief Medical Officer Tim Jones as defendants in the case, WBIR reports. Fiscus was fired on July 12 after serving as medical director of the health department’s Vaccine-Preventable Diseases and Immunization Program. She specifically cites comments made in a letter released to the media explaining the reasons for her termination.

Posted by: Stacey Shrader Joslin on Sep 3, 2021
News Type: TBA CLE

Tennessee Sen. Ramesh Akbari, D-Memphis, will address state legislation affecting the LGBTQ community at the TBA's LGBT Forum on Sept. 17 from 10 a.m. to 2:30 p.m. CDT. This year’s virtual program will look at political concerns for Tennessee’s gay community, with a particular focus on anti-transgender legislation. The forum also will include an advocacy panel on how to become more involved in the fight for equal justice, a presentation on discrimination concerns after the Bostick v. Clayton County, Georgia decision and more.

Posted by: Stacey Shrader Joslin on Sep 3, 2021

During the COVID-19 pandemic, the U.S. judicial system faced unprecedented challenges, quickly adapting to new health and safety requirements and navigating court closures while ensuring that litigants still had access to the courts. To explore the impact of these challenges, Thomson Reuters surveyed nearly 240 court professionals — judges and chief justices, magistrates, court administrators, attorneys and clerks — at the state, county and municipal levels. A new report “The Impacts of the Pandemic on State & Local Courts” distills those responses, offering insight into how well courts pivoted to remote hearings, how remote hearings impacted access to justice, how case backlogs were impacted, which technology solutions are most needed, and what hearings might look like going forward.

Posted by: Stacey Shrader Joslin on Sep 2, 2021

The Tennessee Supreme Court today denied a petition from California lawyer William M. Fischer, who was asking for a waiver from the requirement that anyone seeking admission in Tennessee without examination be a graduate of an ABA accredited law school. Fischer graduated from the Irvine University School of Law in 1979 and has practiced law since 1981. Although he acknowledged that he did not graduate from an accredited law school, Fischer argued that he is in good standing in California and employed as senior counsel by Travelers Insurance Company. In denying the petition, the court noted that Fischer is “an experienced attorney” but does not meet the requirements for admission without an examination.

Posted by: Stacey Shrader Joslin on Sep 2, 2021

The criminal and general sessions courts in Knox County issued an order yesterday requiring face coverings to be worn at all times in the courtrooms and the back hallway behind the courts. The order allows individual judges to suspend the requirement on a case-by-case basis. The requirement will remain in effect until Sept. 30 unless modified by a subsequent order.

Posted by: Stacey Shrader Joslin on Sep 2, 2021

The Tennessee Supreme Court issued an order today amending its interim Rule 54 for special three-judge panels. The amendments to Sections 2, 3 and 4 are effective immediately.

Posted by: Stacey Shrader Joslin on Sep 2, 2021
News Type: Legal News

Geran Minor, a student at Lincoln Memorial University’s Duncan School of Law, spent this past summer clerking for family court in her hometown of Glasgow, Kentucky. Believing that she and her brother had been adopted as children by their step father in that same court, Minor was surprised to find that an adoption order had never been issued. With one year of law school training and the help of her presiding judge, Minor drafted the necessary documents and in July, she and her brother were officially adopted. The family court pulled out all the stops, treating the young adult siblings to the same treatment a child would receive — balloons, new backpacks and memorabilia from the day. Minor credits the law school curriculum and faculty, as well as her mock trial experience, for preparing her to draft her own adoption filings. Her long term plan? Become a family law attorney. Read her story.

Posted by: Stacey Shrader Joslin on Sep 2, 2021
News Type: Election 2022

Jackson lawyer Joseph T. Howell announced his candidacy for the 26th Judicial District Circuit Court, Division 1, this week. Howell has practiced law for 21 years, including serving as a juvenile court magistrate for Madison County General Sessions Court and Juvenile Court Judge Christy Little. He is a former board member of Madison County CASA and was named the group’s child advocate of the year in 2018. He is a member of the Madison County Bar Association and Howell Edmund Jackson Inn of Court and has served as a disciplinary hearing committee member for the Tennessee Board of Professional Responsibility. Howell is running as a Republican to replace Judge Roy Morgan, who has taken senior status.

Posted by: Stacey Shrader Joslin on Sep 2, 2021
News Type: Legal News

Judge Jill Bartee Ayers was welcomed to the Court of Criminal Appeals in an investiture ceremony earlier this week, the Administrative Office of the Courts reports. Ayers, only the fifth female to sit on the court, said she is humbled and grateful for the opportunity. Ayers was appointed by Gov. Bill Lee on Jan. 12 and confirmed by the General Assembly on April 12 to replace retired judge Thomas Woodall. She previously served as a circuit court judge in the 19th Judicial District and as a partner at Batson Nolan in Clarksville. Watch the ceremony here.


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