TBA Law Blog


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Posted by: Stacey Shrader Joslin on Feb 12, 2021

The Shelby County Juvenile Court’s Foster Care Review Board is in need of volunteers. The board reviews foster care plans put in place by the Department of Children’s Services and the court, tracks the progress of parents and guardians in completing assigned tasks, and monitors services to foster families. While a law license is not required to serve, lawyers are encouraged to volunteer and receive pro bono service hours for their time. Meetings are conducted via Zoom. Volunteers are asked to serve for one or two meetings per month. Those interested in learning more should contact Joponica Truitt.

Posted by: Stacey Shrader Joslin on Feb 12, 2021

A third state audit of former state Sen. Bill Ketron, now the mayor of Rutherford County, found that his Senate campaign account violated state law or disclosure regulations 13 times, in part by failing to report nearly $44,500 in campaign contributions. Without comment, the Tennessee Registry of Election Finance accepted the audit and set a show-cause hearing for April when Ketron, a former chairman of the Senate Republican Caucus, will be asked to explain the shortcomings, Tennessee Lookout reports. The registry previously assessed civil penalties of $80,000 on Ketron and his Quest PAC. Ketron’s attorney said he plans to ask the registry to reconsider $65,000 of the previous penalties and hold future penalties in abeyance.

Posted by: Stacey Shrader Joslin on Feb 12, 2021
News Type: Legal News

Lexus of Cool Springs will pay $60,000 to settle a 2018 U.S. Equal Employment Opportunity Commission sex discrimination lawsuit, the Nashville Post reports. According to an EEOC news release, the dealership agreed to resolve the suit, which alleged it treated a female service consultant different than her male co-workers, and then fired her because of her sex. In addition to the monetary payout, the two-year consent decree entered by U.S. District Judge Aleta Trauger requires the dealership to permit female employees to use available leave in circumstances where it permits similarly situated male employees to do so, and conduct anti-discrimination training for employees.

Posted by: Stacey Shrader Joslin on Feb 12, 2021
News Type: Legal News

The Biden administration will begin phasing in a new asylum process next week as an alternative to the Trump administration’s so-called “Remain in Mexico” policy, National Public Radio reports. The new program seeks to address the backlog of people seeking asylum on the southern border by setting up a new system to process their claims. Migrants will be asked to register with nongovernmental organizations, which will then identify those who are most vulnerable and have been in limbo the longest. After that initial screening, migrants will be given an appointment to go through a port of entry, be enrolled in "alternative detention programs" and sent to a final destination in the country where their asylum cases will be heard. While the new program is being implemented, Homeland Security Secretary Alejandro Mayorkas asked new migrants to not travel to the border where thousands are living in squalid camps. President Joe Biden halted the “Remain In Mexico” policy as one of his first acts in office, promising a more humane system.

Posted by: Stacey Shrader Joslin on Feb 12, 2021
News Type: TBA CLE

Local government practice is an ever-changing arena with a unique blend of constitutional, statutory and case law. This year’s Local Government Forum program, which will take place over two days in April, will include topics such as ethics for municipal employees, law enforcement use of force, municipal court jurisdiction, blasting policies and more. Register here for the April 29 and 30 sessions.

Posted by: Kate Prince on Feb 11, 2021

Lt. Gov. Randy McNally, R-Oak Ridge, today showed little interest in pushing a controversial bill forward that would ban transgender student athletes from competing under the gender they identify with, the Tennessean reports. McNally said he believes allowing transgender female athletes to compete in girls’ sports could “hurt” female sports, but that lawmakers should “move with caution” on the issue. The legislation would effectively ban student participation in school sports under the gender identity they align with, arguing that it’s unfair for student athletes to compete with one another if they do not share the same biological sex. McNally cautioned that the federal government could potentially cut funding to the state over the decision and that lawmakers should “move very carefully.”

Posted by: Kate Prince on Feb 11, 2021
News Type: Legal News, Passages

A fund has been created by the friends and family of longtime Chattanooga prosecutor Stan Lanzo to honor his life and commitment to those children less fortunate. The Stan Lanzo Christmas Fund will provide Christmas presents to the Chattanooga area foster children with a particular emphasis on older children. Lanzo died on Feb. 4 after a battle with Parkinson’s disease. Those who wish to contribute to the fund may do so online or by mailing contributions to Stan Lanzo Christmas Fund, Chattanooga Bar Foundation, 801 Broad St., Suite 420, Chattanooga, TN 37402.

Posted by: Kate Prince on Feb 11, 2021
News Type: Passages

Jackson attorney Michael Jayson Cash died on Feb. 2. He was 57. Cash earned his law degree from Nashville School of Law in 2003. He served as the co-owner of D&C Equipment and practiced law for 19 years. He was a member of the Madison County Bar Association and the Jackson Rotary Club, where he was recognized as a Paul Harris Fellow. Services were held for Cash last week at Ridgecrest Cemetery. If desired, friends may make memorial contributions to St. Jude Children's Research Hospital, 501 St. Jude Place, Memphis, TN 38105; The Mayo Clinic, 200 First Street SW, Rochester, MN 55905; or the charity of choice.

Posted by: Kate Prince on Feb 11, 2021
News Type: Legal News

U.S. District Judge Eli Richardson on Monday ruled that Tennessee’s sex offender registration act shouldn’t be applied retroactively to two offenders who sued over the law, the Associated Press reports. Richardson found that parts of the law violate the Ex Post Facto Clause of the U.S. Constitution, which prevents people from being punished by a law passed after their crime was committed. He came to that conclusion after analyzing the specific circumstances of the plaintiffs, finding that parts of the law did act as a punishment to the two men. The plaintiffs claim the law has caused them to lose housing and jobs and has prevented them from spending time with their kids. Richardson’s decision was narrowly written to apply only to the two plaintiffs and he has yet to make a specific ruling as to which parts of the law should not apply to them.

Posted by: Kate Prince on Feb 11, 2021
News Type: BPR Actions

The Tennessee Supreme Court today suspended Mark Steven Graham from the practice of law for three years, retroactive to March 11, 2020, the date of his temporary suspension from the practice of law. Graham represented a foreign company involved in intellectual property litigation in the U.S. The company retained an expert witness and the client sent funds to Graham for payment of the expert witness fees. Graham failed to pay the expert as agreed and used a portion of the funds to pay his outstanding attorney fees. Graham will serve one year on active suspension and the remainder on probation. He must also obtain an evaluation with the Tennessee Lawyers Assistance Program, engage a Practice Monitor, pay restitution and pay the Board of Professional Responsibility’s costs and expenses and court costs.


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