TBA Law Blog


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

The Legal Aid Society of Middle Tennessee and the Cumberlands will hold its third annual Breakfast of Champions virtually on April 7 from 8 to 9 a.m. CDT. This signature fundraising event brings together Middle Tennessee’s legal community and business leaders to support the work of LAS. This year, Olympic Gold Medalist Scott Hamilton will join the event as the guest speaker. Registration will be open soon.

Posted by: Stacey Shrader Joslin on Feb 26, 2021

Gov. Bill Lee today signed three executive orders to extend provisions related to the COVID-19 pandemic through April 28. Executive Order 77 extends a limited state of emergency to ensure continued federal funding eligibility and regulatory flexibility primarily for healthcare and government operations. The governor’s office notes that the order does not extend previous restrictions on nursing home visitation. Executive Order 78 extends authority for remote governmental and shareholder meetings. Executive Order 79 extends authority for remote notarization and witnessing.

Posted by: Stacey Shrader Joslin on Feb 26, 2021

For many of Tennessee’s judges of color, historically Black colleges and universities were the places where they gained the confidence and knowledge necessary to begin their careers. A recent feature by the Administrative Office of the Courts looks at the experiences of four judges who trace their success back to their decision to attend an HBCU, whether for undergraduate studies or law school or both. Read more about how that experience impacted Court of Appeals Judge John Westley McClarty, Shelby County General Sessions Judge Loyce Lambert Ryan, Davidson County General Sessions Judge Allegra Walker and 20th Judicial District Criminal Court Judge Monte Watkins.

Posted by: Stacey Shrader Joslin on Feb 26, 2021
News Type: Legal News

Legal Aid Society of Middle Tennessee & the Cumberlands is conducting a short survey to help recruit new attorney volunteers and ensure the most accurate information for current volunteers. The survey should take just two minutes to complete. Attorneys who provide feedback will be contacted by the LAS Volunteer Lawyers Program for follow-up.

Posted by: Stacey Shrader Joslin on Feb 26, 2021
News Type: Legal News

Memphis Area Legal Services recently announced that Constance Brown has been hired as its new managing attorney for pro bono programs. She replaces Danielle Woods. A 2016 graduate of the Mississippi College School of Law, Brown has been working as a solo practioner in Clarksdale, Mississippi, handling civil litigation, estate and trust law, contract law and real estate matters.

Posted by: Stacey Shrader Joslin on Feb 26, 2021

A federal judge in Texas ruled yesterday that a nationwide moratorium on evictions put in place by the U.S. Centers for Disease Control and Prevention amid the COVID-19 pandemic is unconstitutional, The Hill reports. U.S. District Judge J. Campbell Barker broke with other courts nationally and handed a win to landlords who argued the moratorium exceeded the federal government's constitutional authority. Barker agreed saying that while states can restrict residential evictions and foreclosures, federal authority to regulate interstate commerce did not include the power to halt evictions. Legal observers predict the decision will be appealed. Conservative groups involved in the litigation hailed the decision.

Posted by: Kate Prince on Feb 26, 2021
News Type: Black History Month

Before she was known as a civil rights pioneer, Ida B. Wells was a plaintiff before the Tennessee Supreme Court in Chesapeake, Ohio & Southwestern Railroad Co. v. Wells, an 1884 case over discrimination on railroads. Wells sued the railroad after being violently forced to give up her seat in the first-class ladies car and was awarded $500 after a Memphis jury returned a verdict in her favor. The case made headlines, but after the railroad appealed to the state Supreme Court, the justices unanimously reversed the decision and assessed $200 in court costs against Wells. Wells then “turned her disappointment into determination” and soon after purchased a Memphis newspaper and began a new career as a journalist. As one historian wrote, “despite the setbacks, the resistance initiated by Wells became a symbol of African-American resistance to the Jim Crow laws of the South.” Wells would go on to fearlessly investigate and expose lynching, advocate for education and women’s suffrage and battle against segregation laws. Read more on Wells’ case in Russell Fowler’s article, “Ida B. Wells at the Tennessee Supreme Court,” from the November 2015 issue of the Tennessee Bar Journal and more about her life and upbringing in “Ida B. Wells,” by David Hudson from the August 2018 issue.

Posted by: Stacey Shrader Joslin on Feb 26, 2021

The state of Tennessee is investigating what happened to thousands of COVID-19 vaccine doses sent to the Shelby County Health Department. It now has found that more doses were wasted than previously thought, other doses may have been stolen, and children may have been inappropriately vaccinated. In a press conference today, State Health Commissioner Lisa Piercey outlined the new findings and called the health department a “low-accountability organization." She also said the state has notified the FBI of the potential theft from the Pipkin Building. Earlier this week, the city of Memphis took over responsibility for vaccination efforts at the state's request. This afternoon, Shelby County Health Director Alisa Haushalter resigned. The Commercial Appeal has more on the story.

Posted by: Stacey Shrader Joslin on Feb 26, 2021

State Rep. Tim Rudd, R-Murfreesboro, filed a resolution this week to begin the process of removing Davidson County Chancellor Ellen Hobbs Lyle from the bench based on her ruling that expanded absentee voting during the pandemic. Tennessee Lookout reports that Rudd took the step believing that Lyle violated the boundaries between the legislative and judiciary when she expanded the reasons for absentee voting to include pre-existing conditions and fear of COVID-19. “She knew and fully understood the Tennessee General Assembly did not authorize or support mass-mail balloting. The legislature is the only authority in Tennessee that can write laws or hold elections.” Lyle’s ruling was eventually reversed in part by the state Supreme Court, which struck “fear of COVID-19” as a reason for absentee voting. The state later dropped its objection to including pre-existing conditions as a reason. The Nashville Post reports that 64 Republicans have signed onto the resolution, which sets up a commission to consider Lyle’s removal.

Posted by: Stacey Shrader Joslin on Feb 26, 2021

NewsChannel 5 reports that FBI agents investigating members of the Tennessee legislature may be looking at allegations of bribery by those attempting to pass Gov. Bill Lee’s school voucher bill last April. The station reports that former Tennessee House Speaker Glen Casada has told associates that the FBI asked him questions about how he helped pass the legislation. Livingston Democrat John Mark Windle has told NewsChannel 5 Investigates that Casada offered him the prospect of a lucrative National Guard promotion in exchange for his vote. Windle said he rejected the offer, insisting his vote was "not for sale." Casada has denied offering bribes to anyone.


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