TBA Law Blog


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Posted by: Stacey Shrader Joslin on Jun 17, 2021
News Type: Legal News

Rutherford County has agreed to pay up to $11 million to settle a large, class-action suit over its policies for arresting and detaining children, WPLN reports. The settlement, filed in federal court yesterday, is the largest in a string of lawsuits surrounding the county’s juvenile court practices dating back to 2003. The case, which involved 1,000 children, alleged the country violated their rights by arresting them illegally and placing them in juvenile detention without sufficient grounds. The county will pay up to $7.75 million to the children, with the rest of the funds going to attorney fees and court costs.

Posted by: Stacey Shrader Joslin on Jun 17, 2021
News Type: Legal News

Hamilton County Juvenile Court Magistrate Bruce Owens will retire June 30 after 29 years, the Hamilton County Herald reports. Owens says he is retiring “a couple years sooner” than planned so he can rest and improve his health. The past year has been tough, working long days during the pandemic and suffering from an extended bout with the coronavirus, he says. Reflecting on his time on the bench, Owens emphasizes the need to balance justice and mercy. “I’m a second chance kind of judge, but if someone receives harsh consequences, they can’t say I didn’t give them an opportunity to avoid them.” He also is thankful for opportunities to help those who appeared before him. Fellow judicial officers say they’ll be as sad to see him go as he is to leave. “Magistrate Owens has been a steady presence at Hamilton County Juvenile Court for almost three decades. Not many here know the court without him,” Juvenile Court Judge Rob Philyaw said.

Posted by: Stacey Shrader Joslin on Jun 17, 2021
News Type: Legal News

State, federal and local authorities are investigating a report of child abuse at a Chattanooga facility that is being used to house unaccompanied migrant children, Chattanoogan.com reports. The abuse was reported to state officials by a teenage boy at the facility during a surprise inspection. The boy said he had witnessed the abuse, but was not the victim. As of Tuesday, there were 41 youth housed at the facility, which is operated by health and social services provider The Baptiste Group. The facility is a licensed DCS location that can house up to 100 minors. Controversy in the past few weeks has centered on whether the federal government notified state or local officials that the facility would be used to temporarily house unaccompanied minors. 

Posted by: Stacey Shrader Joslin on Jun 17, 2021

Earlier this week, a subcommittee of the U.S. House Judiciary Committee heard from witnesses about whether or not new legislation is needed to curb evictions during a national emergency. Among the witnesses speaking to the need for more consistent tenant protections were two from Memphis: Cindy Ettingoff, CEO of Memphis Area Legal Services, and Katy Mason Ramsey, an assistant law professor at the University of Memphis School of Law. At issue is legislation introduced by Democratic Rep. Steve Cohen, who represents Memphis. H.R. 1451, the Emergency Eviction Enforcement Act of 2021, would prevent landlords from trying to evict tenants without a court order or pressure them to vacate the property during a national emergency. Courthouse News reports on the hearing.

Posted by: Stacey Shrader Joslin on Jun 17, 2021

Refugees will begin arriving in Tennessee in the coming months with resettlement agencies anticipating a total of 452 individuals by fall, the Tennessean reports. At the time Gov. Bill Lee approved the placement of refugees in the state, President Donald Trump was in office and some Republican legislators attempted to undo the decision. Recently, Lee has expressed concern about the Biden administration’s handling of the border and policies "incentivizing the movement of illegal immigrants." He says one of the reasons he supported the Trump refugee resettlement plan was because of the transparency and vetting process being used. Whether he will continue to support refugee resettlement in the state remains unclear. "It’ll be important to see what the Biden administration does with regard to refugee policy," he said when asked.

Posted by: Stacey Shrader Joslin on Jun 17, 2021

New updates to TBA’s Practice Management Center are now available. They include revisions to guidelines for email encryption and encryption options for online sync programs and portable media;  information on password managers, e-signatures, voice over internet phones and document automation; and new recommendations on headphones. Get TBA sponsored tech and practice management support by emailing tbapmc@affinityconsulting.com.

Posted by: Stacey Shrader Joslin on Jun 16, 2021
News Type: Upcoming

The Bureau of Workers’ Compensation will hold a rulemaking hearing on Aug. 5 at 1 p.m. CDT at its offices to consider changes to the rules of the Court of Workers’ Compensation Claims and Alternative Dispute Resolution. Written comments also will be accepted until close of business Aug. 19 and should be sent to Troy Haley. Court of Workers' Compensation Claims Chief Judge Kenneth Switzer recently held several listening sessions to receive feedback from attorneys across the state about changes they would like to see.

Posted by: Stacey Shrader Joslin on Jun 16, 2021
News Type: Legal News

The Tennessee Trial Court Vacancy Commission met today to consider five candidates for a vacancy in the 19th Judicial District Circuit Court. After holding a public hearing and conducting public interviews, the commission selected three individuals to forward to Gov. Bill Lee for his consideration. They are Clarksville lawyer Robert T. Bateman, Chief Deputy Assistant District Attorney Carl Daniel Brollier Jr. and Springfield attorney Max D. Fagan. The judicial district covers Montgomery and Robertson counties. The vacancy was created by the appointment of Judge Jill Bartee Ayers to the Court of Criminal Appeals.

Posted by: Stacey Shrader Joslin on Jun 16, 2021
News Type: Legal News

New York law firm Cravath, Swaine & Moore is donating $3 million to Nashville-based Fisk University, Reuters reports. The funding comes from attorneys’ fees earned in a pro bono case brought on behalf of African American and women workers in Alabama. For 40 years, Cravath lawyers have handled the employment discrimination case. It wrapped up at the end of 2020 when a federal court in Alabama found gaping disparities in Black and female employment in police and fire departments in the state. Fisk will receive a one-time gift for building and infrastructure improvements. One of Fisk's founders, Rev. Erastus Milo Cravath, was the father of Cravath partner Paul Drennan Cravath, who died in 1940. The law firm has maintained a connection with Fisk through programs such as the Cravath Scholars Program, which provides scholarships and pre-law internships to Fisk students. The firm also will give away another $3 million from the proceeds of the case divided equally between the Birmingham Civil Rights Institute, the Equal Justice Initiative, EJI’s Legacy Museum and the Lawyers’ Committee for Civil Rights Under Law.

Posted by: Barry Kolar on Jun 16, 2021
News Type: Legal News

Germantown attorney James “Jim” Barry will take office as vice president of the Tennessee Bar Association (TBA) on Friday during the group’s annual convention in Memphis. Barry, who will advance to the presidency in 2023, has long been active in the TBA, serving on the Board of Governors, as chair of the Access to Justice Committee and as co-chair for many years of the TBA’s Corporate Counsel Pro Bono Initiative. Outside of the TBA, Barry has held leadership roles with the Association of Corporate Counsel, Community Legal Center in Memphis, Memphis Area Legal Services, Memphis Bar Association, Tennessee Alliance for Legal Services and Tennessee Justice Center.


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