TBA Law Blog


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Posted by: Suzanne Craig Robertson on Jul 1, 2021

In Sherie Edwards's first Tennessee Bar Journal column as TBA president, she writes about purpose: "your 'why' — your reason for beginning a project, stepping into a new role or giving your time and money to an organization." She explains that "the ‘why’ behind my decision to run for president is simple: to use this role to promote attorney wellness initiatives and to bring business education (in addition to our subject matter CLEs) to our members." Toward that goal about well-being, she also writes "Wellness Corner," which will be a standing feature this year that goes along with her President's Perspective column. This month, it's all about water!

Posted by: Suzanne Craig Robertson on Jul 1, 2021

Read about the new best interest factors for use in termination of parental rights cases in the July/August Tennessee Bar Journal, out today. Dawn Coppock gives the details of the mechanics of the statute and what it means. TLAP's executive director Buddy Stockwell begins a new column for the Journal in this issue. Called "The Buddy System," it is a conversation about when and how to seek help with problems such as alcoholism, drug addiction, compulsive gambling, sex addiction, depression, anxiety issues, or any other type of mental health difficulties. Feature stories in this issue include Kimiya Sarayloo on conservatorship statutes and Jonathan Steen on the effect of bankruptcy on Rule 69.04

Posted by: Stacey Shrader Joslin on Jun 30, 2021
News Type: Legal News

The National Collegiate Athletic Association (NCAA) today approved an interim policy that will clear the way for college athletes to benefit from their name, image and likeness. Governance bodies in all three divisions of the association adopted a uniform policy suspending current name, image and likeness rules for all incoming and current student athletes in all sports. The policy will go into effect tomorrow. The association was expected to make the move given the fact that several state laws allowing college athletes in their jurisdictions to benefit from their name, image and likeness are set to take effect. Tennessee approved such a law this spring. It will take effect in January 2022. NCAA President Mark Emmert addressed the proliferation of state laws. “With the variety of state laws adopted across the country, we will continue to work with Congress to develop a solution that will provide clarity on a national level,” he said. In related news, the U.S. Supreme Court last week ruled that the NCAA cannot restrict education-related benefits for college athletes.

Posted by: Stacey Shrader Joslin on Jun 30, 2021
News Type: Legal News

E-cigarette manufacturer JUUL Labs has agreed to pay $40 million in the first settlement with a state attorney general, National Public Radio reports. The settlement with North Carolina Attorney General Josh Stein resolves claims that JUUL helped fuel an epidemic of youth vaping and teen nicotine addiction through deceptive marketing of its products. The company also pledged to take more action to prevent underage use and sales. In 2019, Stein launched the first of what would become multiple suits from state attorneys general. Tennessee joined a bipartisan, multistate investigation of JUUL in 2020.

Posted by: Stacey Shrader Joslin on Jun 30, 2021

The Tennessee Supreme Court today held that a general contractor may be required to pay penalties under state law for failure to pay a subcontractor, but remanded the case to the lower court for reconsideration. The trial court had earlier found that a one-year statute of limitations applied to the subcontractor’s suit and that it was filed too late to be considered. The Supreme Court said subcontractor Snake Steel could potentially recover penalties for the one-year period before the suit was filed. Snake Steel had sued general contractor Holladay alleging that its failure to return a “retainage” of $18,000 once the project was completed violated the state’s Prompt Pay Act and should be subject to the act’s $300-per-day penalty.

Posted by: Stacey Shrader Joslin on Jun 30, 2021

The Presidential Commission on the Supreme Court of the United States met today to hear from a number of subject matter experts. The testimony was organized into four panels: The Contemporary Debate over Supreme Court Reform: Origins and Perspectives; The Court’s Role in Our Constitutional System; Case Selection and Review at the Supreme Court; and Access to Justice and Transparency in the Operation of the Supreme Court. See the list of those who testified and access their written testimony on the White House website. The commission’s next meeting is planned for July 20.

Posted by: Stacey Shrader Joslin on Jun 30, 2021
News Type: BPR Actions

The law license of Knox County lawyer Lawrence McLean House was transferred to disability inactive status today by the Tennessee Supreme Court. House may not practice law while on inactive status. He may return to the practice of law after showing that his disability has been removed and he is reinstated.

Posted by: Stacey Shrader Joslin on Jun 30, 2021

Tennessee’s 112th General Assembly passed and Gov. Bill Lee signed a long list of new laws that will take effect tomorrow. WREG News 3 has a summary of the laws, which include those designed to protect children, curb human trafficking, expand gun rights, and crack down on “porch pirates,” those who steal catalytic converters and those who perform acts of cruelty on animals. Another new law will lead to creation of a task force that will work to find alternatives to incarceration.

Posted by: Kate Prince on Jun 30, 2021

Legal Aid Society of Middle Tennessee & the Cumberlands will host three in-person legal advice clinics and one phone clinic next week for members of the public with questions about housing and renters’ rights, bankruptcy, medical bills, debt collection, domestic violence, SNAP benefits and unemployment benefits. The in-person clinics will take place Wednesday from 11 a.m. to 1 p.m., Thursday from 3 to 4:30 p.m. and Saturday from 8:30 to 10:30 a.m. CDT. The phone clinic will be held Wednesday from 4:30 to 6 p.m. CDT. To volunteer, contact Andrae Crismon or Kendra Cheek or call 615-780-7131.

Posted by: Stacey Shrader Joslin on Jun 30, 2021
News Type: Legal News

Legal Aid Society of Middle Tennessee and the Cumberlands (LAS) has hired Tom Szaniawski to work in its Nashville office on re-entry issues. He will provide counsel and advice to individuals who encounter civil legal issues while re-entering their communities after incarceration, the Nashville Post reports. Szaniawski previously served with LAS in March 2020 as a legal clinic consultant. Before moving to Tennessee, he worked in New York state as a bankruptcy and commercial law and contract attorney. He earned his law degree and a Master of Law in bankruptcy from St. John’s University School of Law.


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