TBA Law Blog


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Posted by: Kate Prince on Aug 27, 2021
News Type: U.S. Supreme Court

The U.S. Supreme Court yesterday ruled to remove the eviction moratorium put in place by the Centers for Disease Control and Prevention (CDC), the Associated Press reports. The temporary ban had first been ordered under the presidency of Donald Trump and was reimposed by the CDC earlier this month. Attorneys for the Biden administration argued that the rise in COVID-19 variants warranted the continuance of the ban in areas with high transmission rates. However, the Supreme Court ultimately ruled that the CDC under federal law has no authority to impose the moratorium and that it would need to be “specifically” authorized by Congress.

Posted by: Kate Prince on Aug 27, 2021

Shelby County General Sessions Civil Court has suspended all in-person court hearings through the end of the month because of possible COVID-19 exposure, WREG Memphis reports. All six divisions of the court closed yesterday and will reopen Sept. 1. Aside from the hearings, the court is fully operational. To reach someone at the court for general information, call 901-222-3400. For court support, call 901-222-3416.

Posted by: Kate Prince on Aug 26, 2021

The Tennessee Supreme Court today issued an order encouraging the use of masks in the courtroom and prompting courts to utilize available technology to avoid in-person court proceedings when possible. The order also states that judges should not allow anyone who has tested positive for the COVID-19 virus to appear in court. Supreme Court Justice Sharon Lee issued a separate concurring/dissenting order in which she expressed her agreement with today’s order, “except for the section that strongly encourages, but does not require, facial coverings in courtrooms.” The order comes after a resurgence of the COVID-19 virus in Tennessee and its “burden on the health care system.”

Posted by: Kate Prince on Aug 26, 2021

Washington County, Arkansas, officials said yesterday at a finance and budget committee meeting that inmates at the county jail have been treated for COVID-19 with ivermectin, an anti-parasite drug commonly used for livestock. The discovery was made after a county employee tested positive for the virus and later received a prescription for ivermectin. “The employee had the good fortune of having a primary care physician to ask for a second opinion and our inmates do not have the choice,” said Eva Madison, Washington County Justice of the Peace. The county sheriff defended the jail’s health care partner at the meeting.  “Whatever a doctor prescribes, that is not in my bailiwick. I haven’t been to medical school,” he said. The American Civil Liberties Union (ACLU) later released a statement condemning “medical experimentation” on anyone, including inmates and said it had requested records from the sheriff’s office and its health care partner, Karas Correctional Medical. WKRN has the full story

Posted by: Kate Prince on Aug 26, 2021
News Type: Legal News

A state court judge has lifted litigation sanctions against lawyers for Endo Pharmaceuticals after they completed a series of steps to atone for discovery misconduct in the “Sullivan County Baby Doe” opioid case earlier this year. Sullivan County Chancellor E.G. Moody said he would lift the sanctions after lawyers from Arnold & Porter: “without equivocation” apologized to the court and to plaintiffs, represented by Nashville’s Branstetter, Stranch & Jennings; completed a four-hour ethics course; paid for the plaintiffs’ attorney fees; and agreed not to commit similar conduct in the future. Arnold & Palmer submitted a notice of compliance earlier this month and the sanctions were lifted by the court. According to Reuters, a New York judge is now considering whether to impose default judgement or contempt after claims that Endo withheld evidence in the New York trial over its role in the opioid epidemic. Tennessee’s Baby Doe case ultimately settled for $35 million after Moody granted a default judgement against the drug maker.  

Posted by: Kate Prince on Aug 26, 2021
News Type: Upcoming

The investiture ceremony of Court of Criminal Appeals Judge Jill Bartee Ayers will be livestreamed on Aug. 30 at 9 a.m. CDT on the Tennessee State Courts YouTube page. The General Assembly unanimously confirmed Ayers to the Court of Criminal Appeals – Middle Section in April. Gov. Bill Lee will give remarks and administer the oath of office. Additional speakers include Court of Criminal Appeals Judge Robert W. Wedemeyer, Supreme Court Justice Roger Page, and Chief Justice Jeff Bivins. Earlier this week, Ayers, Judge Norma McGee Ogle and Judge Kristi M. Davis were the first all-female bench to hear an appellate court case in state history. Currently, there are eight female appellate judges in Tennessee state courts. Read more on the ceremony from the Administrative Office of the Courts.

Posted by: Kate Prince on Aug 26, 2021
News Type: Legal News

Deputy and chief counsel to the governor Lang Wiseman today announced that he will resign from his post in order to return to the private sector, the Chattanoogan reports. Prior to his appointment to Gov. Bill Lee’s cabinet in 2019, Wiseman was a founding partner at the Memphis law firm of Wiseman Bray PLLC. "Lang is a brilliant legal mind who has faithfully served Tennesseans and been an invaluable part of our administration,” Lee said. According to the state’s release, Wiseman will remain on board to assist in the transition of duties.

Posted by: Kate Prince on Aug 26, 2021
News Type: Legal News

Global law firm K&L Gates has signed a new lease for long-term office space in Nashville, the Nashville Business Journal reports. The firm, which announced its Nashville debut in February, will rent one floor at the city’s Fifth + Broadway building, located downtown at 501 Commerce Street. K&L Gates originally culled 27 attorneys from some of the city’s largest firms, including Bass Berry & Sims, Waller Lansden Dortch & Davis and Butler Snow. It has since added 10 attorneys to the roster, making it the eighth largest firm in Nashville. K&L Gates has more than 1,800 attorneys on five continents, with a U.S. headcount that ranked 13th on the National Law Journal's annual ranking.

Posted by: Kate Prince on Aug 26, 2021

The Lawrence County clerk’s office has halted all in-person business this week due to a recent spread of the COVID-19 virus among staff members, the Daily Herald reports. According to County Executive T.R. Williams, four of the eight staff members tested positive for the virus with another two awaiting test results. The office, located at 200 West Gaines St. in Lawrenceburg, will be closed for at least one week.

Posted by: Kate Prince on Aug 26, 2021
News Type: TBA CLE

TBA CLE will present a new webcast, Cash, Coin, Cheddar, Dough: Ethical Issues with Money & Billing, on Sept. 30 from 9 to 10 a.m. CDT. Join the CLE Performer, Stuart Teicher, who will discuss issues with fee agreements and bad billing practices, with a focus on Rule 1.5. TBA members receive discounted CLE prices and three prepaid credits. Not a member? Join now.


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