TBA Law Blog


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Posted by: Kate Prince on Apr 27, 2021

The Tennessee Supreme Court has one case set for its docket tomorrow. Steven Kampmeyer et al. v. State of Tennessee will be livestreamed on the Administrative Office of the Court’s YouTube page at 9 a.m. CDT. The case involves interpretation of the Claims Commission Act, which authorizes certain suits against the state of Tennessee. The AOC’s website has more on the case.  

Posted by: Kate Prince on Apr 27, 2021

Attorney General Herbert Slatery this week signed a letter with 38 other state attorneys general asking Congress to pass the EAGLES Act. Named after the mascot of Marjory Stoneman Douglas High School where 17 people were killed in 2018, the act is a national program to prevent targeted school violence. It would expand the U.S. Secret Service’s National Threat Assessment Center (NTAC) with a greater focus on school violence prevention. The measure contains research and training components, allows dissemination of evidence-based practices and authorizes the NTAC to work with state and local officials to develop research and training. NTAC was created in 1998 to provide information on threat assessment to the Secret Service and began studying school violence after the 1999 shooting at Columbine High School. Read more on the AG’s website.

Posted by: Kate Prince on Apr 27, 2021
News Type: Legal News

A Knoxville News Sentinel investigation into the state’s cash bail practices alleges that the computer system used to set bail in Knox County is violating state law. There are five bail options judges and magistrates must consider, but the paper's ongoing investigation into the issue found that two of the cashless options are excluded from the county’s system. After the Southern Poverty Law Center and the Civil Rights Corps threatened to file suit against the county if bail practices did not change, the county's general sessions judges issued a statement promising to "examine and re-examine" bail practices. An April 19 meeting of the judges to discuss a proposed plan to fix the violations was postponed hours before it was set to start. That meeting is now set for Monday.

Posted by: Stacey Shrader Joslin on Apr 27, 2021
News Type: TBA CLE

Join the Juvenile and Children’s Law Section on Thursday at 9 a.m. for its 2021 Forum. This year's event will include a discussion about the impact COVID-19 has had on education, training on equality and two panel discussions on human trafficking. Panelists from law enforcement agencies will review laws, policies and information aimed toward those who are targeted for involuntary servitude. Register now to attend this virtual program.

Posted by: Stacey Shrader Joslin on Apr 26, 2021

Tomorrow at 1 p.m. CDT the House Local Government Committee will consider SB282/HB1386, sponsored by Rep. Chris Todd, R-Madison County, and Sen. Paul Rose, R-Covington. The bill will cap attorneys’ fees and expenses for attorneys in lawsuits brought by county officials if counties refuse to provide the resources required to perform their duties. The TBA worked with all of the involved parties and drafted a solution that would implement judicial oversight to ensure that attorneys’ fees are reasonable; however, the amendment Todd is offering tomorrow still caps attorneys’ fees and expenses at $35,000, among other things. We have until 1 p.m. CDT tomorrow to reach out to the members of the House Local Government Committee by calling or emailing them and asking them to oppose HB1386. Thank you for doing your part to protect attorneys’ rights to be compensated for their work.

Posted by: Stacey Shrader Joslin on Apr 26, 2021
News Type: Upcoming

In the third episode of its multi-series event on troubled teens, the ABA presents “Institutional Child Abuse: What is it and How Can We Prevent It?” on Thursday from 11 a.m. to noon CDT. Panelists will explore institutional child abuse within the troubled teen industry and the child welfare system. Topics include what constitutes abuse in residential treatment, reasons why these issues persist, the harms and costs of unnecessary congregate care, and alternatives to congregate care. Register here for the free program.

Posted by: Stacey Shrader Joslin on Apr 26, 2021

The Tennessee Court of Workers' Compensation Claims reported today that the Tennessee General Assembly has reinstated its authority to assess attorneys fees under Tennessee Code Annotated section 50-6-226(d)(1)(B). The court may award a fee if it “makes a finding that the benefits were owed at expedited hearing or a compensation hearing" and if the date of the injury is on or after July 1, 2021, but before June 30, 2023. The court also reminds practitioners that anyone collecting a fee of $10,000 or more must file an affidavit detailing the work in the case and referencing the factors in Supreme Court Rule 8, 1.5(a).

Posted by: Stacey Shrader Joslin on Apr 26, 2021
News Type: Upcoming

The YWCA Nashville & Middle Tennessee will hold its 2021 Stand Against Racism virtual community rally this Thursday from noon to 1 p.m. CDT. The focus on this event will be addressing racism as a public health crisis. The event will include civil rights and freedom songs and spirituals, youth poetry, and speakers on the topics of health equity and justice. Register here to receive the log in information by email.

Posted by: Stacey Shrader Joslin on Apr 26, 2021
News Type: BPR Actions

The Tennessee Supreme Court today permanently disbarred Virginia lawyer Kurt J. Pomrenke from practicing of law in the state. The court took the action after Pomrenke pled guilty to a charge of conspiracy to defraud the United States in a federal court in Virginia. He was subsequently disbarred from practicing law in Virginia. In March, the Tennessee Supreme Court asked Pomrenke why the same discipline should not be imposed here. He did not respond to the inquiry.

Posted by: Stacey Shrader Joslin on Apr 26, 2021

The Tennessee Supreme Court ruled on Monday that a general contractor has no private right of action against an insurance company for violation of a state law that requires insurers to include contractors as payees on benefit checks sent to property owners. The court said the record shows that the General Assembly intended enforcement of Tennessee Code Annotated section 56-7-111 be through a criminal penalty not a private lawsuit. The law requires an insurance company to name the general contractor as a payee on an insurance proceeds check in cases where property owners have losses of more than $1,000 to a home or other structure under a policy of property or casualty insurance.


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