TBA Law Blog


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Posted by: Stacey Shrader Joslin on Nov 6, 2020
News Type: Legal News

Following a Davidson County judge’s decision to not allow a referendum on a county-wide property tax hike, the man who started the initiative says he will not back down, WKRN reports. Nashville attorney Jim Roberts spearheaded an effort to put the tax hike before voters during a December special election. More than 27,000 signatures calling for the referendum were gathered and submitted. On Tuesday, Davidson County Chancellor Ellen Hobbs Lyle ruled that the petition is invalid and said the provisions went beyond referendum authority, attempted to repeal the already enacted tax levy ordinance and would impair the city's obligations with existing contracts. Roberts did not give a timeline for his continued efforts or specifics about his next move.

Posted by: Stacey Shrader Joslin on Nov 6, 2020

The TBA Criminal Justice Section is featuring law student authors on a quarterly basis in its Connect e-newsletter. The Student Spotlight offers an opportunity for Tennessee law students to collaborate with a section member to create an article of interest to criminal law practioners. The third article of the year recently was published by the section. Check out “Does Miranda Still Exist In Tennessee?” by Lincoln Memorial University Duncan School of Law student Samantha Hardin with assistance from section member Steven G. Moore of Moore & Associates in Chattanooga.

Posted by: Stacey Shrader Joslin on Nov 6, 2020
News Type: Legal News

A Nashville family has filed a federal lawsuit against Metro Nashville Public Schools and an elementary school teacher over a controversial assignment taught earlier this year about keeping slaves under control. The assignment, called "Let's Make a Slave," was given to a fourth grade class in February and focused on how to control slaves, the Tennessean reports. The family claims that the “wild graphic and inappropriate” content caused physical and emotional harm to their child who is Black and has autism. The suit alleges that the child suffered repeated acts of racial harassment by adults and peers after the assignment. Chattanooga attorney Justin Gilbert is representing the family. He says the district should have done more to help kids impacted or traumatized by the experience. Last year, two Williamson County teachers resigned after giving a similar assignment that asked students to imagine their family owned slaves.

Posted by: Stacey Shrader Joslin on Nov 6, 2020
News Type: TBA CLE

TBA's annual Leadership Academy is going virtual, with exclusive, interactive content over the course of two days on Dec. 1 and 2. Academy faculty — Buck Lewis with Baker, Donelson, Bearman, Caldwell & Berkowitz, University of Tennessee College of Law Interim Dean Douglas Blaze, and Knoxville lawyer Bill Lockett — will address the characteristics needed for leadership in these challenging times. Topics to be covered include everyday leadership, developing grit and leaving a legacy. Networking opportunities also will be available. Remember: all 2020 CLE hours can be taken online and TBA members get discounted pricing on all CLE programs.

Posted by: Stacey Shrader Joslin on Nov 6, 2020

Legal Aid Society of Middle Tennessee & the Cumberlands will hold four phone clinics next week for members of the public with questions about housing and renters’ rights, bankruptcy, medical bills, debt collection, domestic violence, SNAP benefits and unemployment benefits. Clinics will take place Tuesday from 4:30 to 6:30 p.m., Wednesday from 11 a.m. to 1 p.m., Thursday from 3 to 4 p.m. and Saturday from 8:30 to 11:30 a.m. All times central. LAS is looking for attorneys to help answer questions. To volunteer contact Andrae Crismon or Kendra Cheek or call 615-780-7131.

Posted by: Kate Prince on Nov 5, 2020
News Type: Legal News

Rep. Ron Travis, R-Dayton, has been chosen to serve as the CEO of Insurors of Tennessee, the trade association for independent insurance agents, the Nashville Post reports. He succeeds Ashley Gold, who served as general counsel for group for more than a decade before stepping into the CEO role in 2019. Gold left the association earlier this year to join Wood Stabell Law Group as of counsel. Travis was first elected to the House in 2012. He serves on the Business Subcommittee and is co-chair of the Joint Fiscal Review Committee.

Posted by: Kate Prince on Nov 5, 2020
News Type: Election 2020

President Donald Trump’s campaign has filed lawsuits in Pennsylvania, Michigan and Georgia and is trying to intervene in a pending Pennsylvania case seeking U.S. Supreme Court review, the ABA Journal reports. Suits in Pennsylvania and Michigan seek to stop the vote count until GOP poll watchers can gain more access to the counting process. A Pennsylvania court today sided with Trump, ruling that observers should be allowed to watch all parts of the vote count “within 6 feet.” The Georgia suit centered on Chatham County and alleged absentee ballots were being accepted after the deadline and that a poll worker saw late ballots being added to on-time ballots. The Hill reports that a county judge dismissed that suit hours after it was filed. The Trump campaign also has called for a recount of votes in Wisconsin. The ABA Journal has a breakdown of additional legal actions filed by the campaign.

Posted by: Kate Prince on Nov 5, 2020

Sen. Brian Kelsey, R-Germantown, has announced plans to file a Senate Joint Resolution for consideration by the 112th General Assembly to add the Right to Work law to the state Constitution, the Chattanoogan reports. Senate Joint Resolution 648 passed the legislature in June, but now must pass through the next legislative session by a two-thirds majority in order to appear on the ballot for a statewide referendum in November 2022. The amendment would become part of the state Constitution if adopted by a majority vote in the 2022 governor’s election.

Posted by: Kate Prince on Nov 5, 2020
News Type: Legal News

Tennessee Attorney General Herbert Slatery yesterday filed a motion in the U.S. District Court in Nashville to allow the state’s 48-hour waiting period for abortions to remain in effect while the state appeals a ruling that deemed it unconstitutional, the Tennessean reports. U.S. District Judge Bernard Freidman last month ruled the waiting period served no legitimate purpose and placed a substantial burden on women seeking abortions in the state. The 2015 law requires women to make two trips to an abortion clinic, first for mandatory counseling and then for the abortion at least 48 hours later. Slatery’s motion argues that the state is likely to win at the 6th U.S. Circuit Court of Appeals because the waiting period law does not violate the constitutional right to abortion.

Posted by: Kate Prince on Nov 5, 2020

The Tennessee Legislative Black Caucus on Wednesday announced it has filed a bill that would shield intellectually disabled people convicted of a crime from the death penalty, the Daily Memphian reports. The legislation was inspired by Pervis Payne, a 53-year-old Shelby County man with intellectual disabilities who has been on death row for 33 years for double murder. He is scheduled to be executed on Dec. 3. Rep. G.A. Hardaway, chair of the Black Caucus, said House Bill 0001 will not be heard until after Payne’s scheduled execution unless he is granted clemency by Gov. Bill Lee. Hardaway said the legislation would “provide [a] path through the courts for Mr. Payne to address the intellectual disability issue and prevent an unjust murder” by the state if Payne lives long enough to benefit from the legislation.


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