TBA Law Blog


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Posted by: Kate Prince on Mar 18, 2021

Legislation that would allow for permitless handgun carry for most adults 21 and older in the state has advanced through the Tennessee Senate, the Associated Press reports. Senators approved the HB18/SB318 on a 23-9 vote and it must now pass the state House. Gov. Bill Lee has backed the bill, which applies to concealed or open carry, and is expected to sign it into law. Republican senators tweaked the original bill to ban those who had been convicted of stalking or driving under the influence from being able to carry a firearm. Those who had been hospitalized or judicially committed in a mental institution would also be banned. The bill carries an estimated $17.7 million price tag because it increases penalties on gun-related crimes and anticipates more incarcerations as a result. 

Posted by: Kate Prince on Mar 18, 2021

State legislators are considering a new bill that would take many lawsuits filed against the state away from Nashville judges, WPLN reports. Under Tennessee law, lawsuits against state government may only be filed in Davidson County courts. House Bill 1196/Senate Bill 454, sponsored by Rep. Johnny Garrett, R-Goodlettsville, would let Tennesseans file suits in their county of residence. Garrett, an attorney with Bone McAllester Norton in Nashville, presented the bill earlier this week, saying he became aware of the issue after his law practice was contacted by a West Tennessee resident interested in suing the state. Garrett said he “realized that [the resident's] only choice was to drive all the way to Nashville and file that lawsuit.” The measure comes after HR23, which sought to remove Chancellor Ellen Hobbs Lyle from the bench, was defeated in a House subcommittee last week. The HB1196/SB454 is currently scheduled to be heard by the House Civil Justice subcommittee next week.

Posted by: Kate Prince on Mar 18, 2021
News Type: Legal News

A partial evacuation of the Metro Nashville Courthouse yesterday was prompted by a “suspicious” letter that criticized the city’s $2.25 million settlement of a police shooting lawsuit, the Tennessean reports. Metro Council on Tuesday approved the agreement to settle the civil lawsuit brought by the family of Daniel Hambrick, a Black man who was shot and killed by a white Metro Nashville police officer in 2018. An employee in the city’s legal department opened the letter, saying they had a “perception” that a dangerous substance was inside. Officials with the Nashville Fire Department said hazmat crews isolated two people who came into contact with the “suspicious substance,” but confirmed no dangerous substances were identified. The FBI has the letter and is conducting an investigation into its origin.

Posted by: Kate Prince on Mar 18, 2021

The Memphis-Shelby County Airport Authority announced this week that TBA member Amber Floyd would be joining its team as general counsel. In that role, Floyd will be responsible for overseeing Airport Authority legal matters including litigation, legal advice, claims, leasing and contracts and risk management. Most recently, Floyd served as deputy city attorney for the City of Memphis. Prior to that posting, she was a senior associate at Memphis law firm Wyatt, Tarrant and Combs LLC where she worked for eight years. Floyd is also a member of the Memphis Bar Association, as well as Tennessee Supreme Court’s Access to Justice Commission. She is on the board of directors for the Ben F. Jones Chapter of the National Bar Association. Floyd is a member of the TBA Young Lawyers Division, Local Government Practice Section and chairs the TBA Committee on Racial and Ethnic Diversity. She was a member of the TBA Leadership Law Class of 2016 and now serves on the steering committee of that program.

Posted by: Kate Prince on Mar 18, 2021
News Type: TBA CLE

TBA CLE will present the virtual 2021 Communications Law Forum on April 16 from 9 a.m. until noon CDT. Attendees will hear presentations on anti-SLAPP, liable defamation, the Public Records Act, a U.S. and Tennessee Supreme Court update and more. Remember, members of the Communication Law Section will receive discounted pricing on this CLE. Not a member? Sign up today.

Posted by: Kate Prince on Mar 18, 2021

A new episode of the TBA’s Legislative Updates podcast is now streaming on the TBA website. In this episode, TBA Director of Public Policy and Government Affairs Berkley Schwarz and Adams and Reese attorney and TBA lobbyist Brad Lampley offer listeners a brief status report on SB1366/HB0237 regarding child custody and support, concerns raised over SB1097/HB1164 on probate issues and news on  HB519/SB884, which seeks to eliminate the state’s professional privilege tax (PPT). Lampley says of the PPT bill, “we’re getting some good momentum, that’s positive, but we certainly don’t want to suggest that we’re home free.” He and Schwarz continue to urge members to reach out to their state legislators and voice their opinion on the elimination of the tax. A new episode of Legislative Updates drops every Thursday and can be found on the TBA’s Facebook page or anywhere you listen to podcasts. 

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

The Judicial Conference of the United States yesterday recommended that Congress create 77 new district judgeships in 17 states and two new judgeship in the 9th Circuit Court of Appeals. No court in Tennessee was on the list. The conference is also seeking more money to increase security at courthouses. More than 53 courthouses were damaged during demonstrations last year, and the judiciary wants funding to address vulnerabilities. Read more in the ABA Journal.

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

The University of Tennessee College of Law Legal Clinic has been awarded a $100,000 grant to continue its work offering civil legal assistance to rural East Tennesseans, the school reports. The funding from the Tennessee Bar Foundation will go to the clinic’s ExpungeTN project, which includes a website with legal resources for those who want to restore their voting and other rights. It is the second grant from the foundation for this purpose.

Posted by: Stacey Shrader Joslin on Mar 17, 2021
News Type: Your Career

Nashville insurance defense firm Brewer, Krause, Brooks & Chastain PLLC has an immediate opening for licensed Tennessee attorney with two plus years of litigation experience to handle depositions, hearings and trials, along with the discovery and pleading practice. Applicants must have a strong academic record, along with excellent research and writing skills. Salary will be commensurate with experience. Send résumé, writing sample and cover letter to Parks T. Chastain by email at pchastain@bkblaw.com or by mail to Brewer, Krause, Brooks & Chastain PLLC, 545 Mainstream Dr., Ste. 101, Nashville, TN 37228.

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

The IRS is planning to extend the 2020 tax-filing deadline to mid-May, according to a news release issued today by two U.S. House of Representatives members. House Ways and Means Committee Chair Richard Neal, D-Massachusetts, and Ways and Means Oversight Subcommittee Chair Bill Pascrell, D-New Jersey, said today that the deadline will be moved from April 15 to May 17. The development comes after Neal, Pascrell and other lawmakers pressed for an extension in recent weeks, The Hill reports. Neal and Pascrell said that while they appreciated the IRS's decision to issue a one-month extension, they will "continue to monitor developments during this hectic filing season." The IRS had already extended the filing deadline to June 15 for residents of Texas, Louisiana and Oklahoma because of winter storms.


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