TBA Law Blog


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Posted by: Stacey Shrader Joslin on Jan 27, 2021

The Biden administration is moving forward with the creation of a bipartisan commission to study reforms to the Supreme Court and the federal judiciary, Politico reports. The commission will be housed under the purview of the White House Counsel’s office. Not all members have been named yet but those that have been include co-chair Cristina Rodríguez, a professor at Yale Law School; Caroline Fredrickson, former president of the American Constitution Society; and Jack Goldsmith, a Harvard Law School professor and a former deputy assistant attorney general in the Bush administration. During the 2020 election, President Joe Biden said he would form a commission to study structural changes at the court if elected.

Posted by: Stacey Shrader Joslin on Jan 27, 2021
News Type: Legal News

The U.S. Justice Department yesterday rescinded a Trump-era memo that established a “zero tolerance” policy for migrants crossing the U.S.-Mexico border without documentation — a move that resulted in thousands of families being separated. The acting attorney general issued the new memo to federal prosecutors, directing them to return to the previous policy of acting on the merits of individual cases, the Associated Press reports. In other immigration news, the Biden administration ordered a 100-day halt to deportations but a Texas judge quickly blocked the policy for 14 days to allow for legal challenges. Reuters has more on that story.

Posted by: Stacey Shrader Joslin on Jan 27, 2021
News Type: Legal News

This week, the Biden administration directed the U.S. Justice Department to end its reliance on private prisons, the Associated Press reports. The executive order asks the attorney general not to renew contracts with privately-operated detention facilities. About 14,000 of the nation’s 152,000 federal inmates are housed at privately-managed facilities. Separately, the federal Bureau of Prisons already has stopped renewing some private prison contracts. Also of interest, the order does not affect the use of privately-run immigrant detention centers.

Posted by: Stacey Shrader Joslin on Jan 27, 2021
News Type: Wellness Wednesday

If the colder weather and shorter days are causing you to feel the winter blues, you’re not alone. It’s not uncommon at this time of the year to experience fatigue, sadness, difficulty concentrating and sleep disruptions. A recent article in verywell mind offers 10 suggestions for overcoming these feelings. They include taking a break from the non-stop news cycle; adding more protein and foods high in Vitamin D to your diet; adopting sleep practices that will help ensure proper rest; engaging in physical activity; and getting sunlight. If symptoms continue or turn into an inability to function in daily life, you might be experiencing the more severe seasonal affective disorder or SAD. In that case, the author recommends seeking out a mental health professional for additional help.

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

This year’s Law Tech CLE will be offered virtually in six sessions over three days in February. The fourth installment, set for the afternoon of Feb. 12, will feature the always-popular Bill & Phil Show. Nashville attorney Bill Ramsey and legal technologist Phil Hampton will share a broad overview of the latest tech gadgets, apps, tools and tips for attorneys. Each of the six sessions will offer a technology prize giveaway so be sure to register now! The one-hour program will begin at 1 p.m. CST.

Posted by: Kate Prince on Jan 26, 2021

The Tennessee Supreme Court has ruled that Tennessee’s Health Care Liability Act (HCLA) requires defendants to provide plaintiffs with written notice when plaintiffs sue the wrong defendant but does not provide a penalty or a remedy when defendants fail to comply with the statute. Read the Supreme Court’s majority opinion in Bidwell ex rel. Bidwell et al. v. Strait et al., authored by Justice Cornelia A. Clark, as well as the separate concurring opinion authored by Justice Holly Kirby and separate concurring in part and dissenting in part opinion authored by Justice Sharon G. Lee.

Posted by: Kate Prince on Jan 26, 2021
News Type: Passages

Former general counsel for the Administrative Office of the Courts David William Haines Jr., died on Jan. 16. Haines earned his law degree from Samford University Cumberland School of Law in 1982 and served as the City of Clarksville’s first full-time attorney for 14 years before joining the AOC. Over his eight years as general counsel, Haines provided education and training to trial court, general sessions and juvenile judges through conferences and other educational opportunities. He also worked on several major initiatives, including indigent representation, jury selection processes, judicial elections, the use of guardian ad litem representation in juvenile cases and employment law.

Posted by: Kate Prince on Jan 26, 2021
News Type: Legal News

Shelby County Criminal Court Judge Paula Skahan last week released a written order further explaining her comments last week in the Pervis Payne death penalty case, the Commercial Appeal reports. Skahan said last week that a new DNA analysis report does not exonerate Payne, who was convicted of a 1987 double murder and sentenced to death. In yesterday’s order, Skahan said the possible presence of Payne’s DNA on the murder weapon, a washcloth taken from the victims’ apartment and on a tampon found near one victim’s body were “not favorable” to Payne and the new report did not establish that other people were present during the crimes. Her order formally closes this stage of the case. Payne’s legal team will now prepare a request for clemency to Gov. Bill Lee.

Posted by: Kate Prince on Jan 26, 2021
News Type: COVID-19 News

An agreement has been reached in a federal lawsuit filed against Shelby County officials for failure to address the spread of the COVID-19 virus, the Daily Memphian reports. The lawsuit, filed in May on behalf of a dozen inmates, claimed that conditions at the jail were putting medically vulnerable and disabled detainees at risk of contracting the virus. Both parties have agreed to a proposed consent decree that would provide guidelines for the jail on how to curb COVID-19 numbers. Under the consent decree, the jail must be inspected by an independent inspector every 90 days, improve its ventilation and air flow system, provide COVID-19 tests to those with symptoms, provide access to cleaning supplies and more. U.S. Judge Sheryl Lipman must approve the proposed consent decree, which would remain in place for the duration of the COVID-19 pandemic.

Posted by: Kate Prince on Jan 26, 2021
News Type: Legal News

A federal judge in Washington, D.C., today blocked the release of Lisa Eisenhart, the mother of Eric Munchel of Nashville, the “zip tie guy,” the Associated Press reports. The judge also ordered that Eisenhart be transferred from Nashville to D.C. for further proceedings, the same order which was issued for Munchel on Sunday. In both cases, prosecutors have argued the defendants should remain jailed pending trial because they are a danger to the community and a flight risk. Eisenhart and Munchel are charged with violent entry and disorderly conduct on the Capitol grounds, conspiracy and civil disorder. They could each face up to 20 years if convicted.


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