TBA Law Blog


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Posted by: Stacey Shrader Joslin on Nov 2, 2020
News Type: Legal News

Two Memphis doctors and their associated clinics have agreed to pay $341,690 to resolve claims that they defrauded Medicare from 2015 to 2018, WKRN reports. A federal lawsuit, filed under a provision of the False Claims Act that permits private individuals to sue on behalf of the government and share in any recovery, accused Dr. Shoaib Qureshi and Dr. Imran Mirza of billing Medicare for services rendered by nurse practitioners at a higher reimbursement rate reserved for physicians. An investigation found that at the times the billing occurred, the physicians were out of the office or even out of the country.

Posted by: Stacey Shrader Joslin on Nov 2, 2020

After an initial reduction in rural jail populations at the start of the COVID-19 epidemic, thousands more have been incarcerated in local lockups across the state. Data from the Department of Correction shows that county jails released 30% of all inmates between February and May. But by September, thousands of the empty beds were filled by new inmates. Now, in 35 of the state’s counties, local jails are overcrowded. Read more about these new trends and how they are affecting COVID-19 prevention efforts from the Tennessee Lookout.

Posted by: Stacey Shrader Joslin on Nov 2, 2020
News Type: U.S. Supreme Court

The U.S. Supreme Court today sided with Black Lives Matter activist DeRay McKesson in his effort to avoid a lawsuit filed by a police officer who was injured during a 2016 protest in Louisiana. The justices threw out a lower court ruling that had allowed the lawsuit to proceed, saying more analysis was needed on whether state law allows for such a claim. The officer sustained serious injuries after being struck in the face by a rock or piece of concrete during a protest triggered by police killing of a Black man. The identity of the perpetrator is not known. McKesson argued his rights to freedom of speech and assembly shielded him from the suit. The court did not consider that issue. Litigation will now continue in lower courts, Reuters reports.

Posted by: Stacey Shrader Joslin on Nov 2, 2020

The federal district courts in Tennessee have released information about the procedures for election day filings. The federal court in the Eastern District has announced that District Judge Harry S. Mattice Jr. will be assigned to any election-related actions filed after 5 p.m. EST tomorrow. The federal court in the Middle District has announced that emergency petitions should be filed electronically or placed in the drop box located at the 9th Avenue entrance in Nashville. Filers should then notify the clerk of court of the submission. The federal court in the Western District has announced that filings should be submitted electronically or at the clerk’s office — not in the drop boxes outside the courthouses. Filers should then contact the judge assigned to election-related filings: Chief U.S. District Judge S. Thomas Anderson in Jackson and U.S. District Judge John T. Fowlkes Jr. in Memphis. See the attached announcements for more details and contact information.

Posted by: Stacey Shrader Joslin on Nov 2, 2020

Legal Aid Society of Middle Tennessee & the Cumberlands will hold three phone clinics this 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 11 a.m. to 1 p.m. and from 4 to 6 p.m. and Thursday from 4:30 to 6 p.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. See all clinics for the month.

Posted by: Stacey Shrader Joslin on Nov 2, 2020
News Type: TBA CLE

As remote work and virtual communications continue as we approach 2021, the ability to communicate in a virtual environment is an important professional skill for attorneys. On Nov. 18 from noon to 1 p.m. CST, learn how to deliver a clear and concise message with the TBA’s latest live virtual program “Virtual Presentation Skills for Attorneys.” Led by Mimi Bliss, an experienced TV reporter and executive presentation skills coach, this interactive workshop will focus on the core skills needed for effective virtual meetings and presentations. Bliss will cover speaking on camera, sharpening your message and engaging your audience. And remember: all 2020 CLE hours can be taken online and TBA members get discounted pricing on all CLE programs.

Posted by: Suzanne Craig Robertson on Nov 2, 2020

Qualified immunity, the use of force, and a duty to intervene are examined in our November/December Tennessee Bar Journal cover story "The Right to Remain Silent" by Todd Pinckley. In it he covers related law and includes what police departments in Tennessee cities are doing, or not doing, about their policies. We also remember Judge Pamela Reeves, with comments from friends and colleagues, as well as a tribute from former TBJ columnist Bill Haltom about his longtime friend. There is a lot more in this issue, including young lawyer Amy Mohan's life-changing story about representing a man on death row, so check out the entire issue here.

Posted by: Barry Kolar on Oct 30, 2020

Attorneys for the federal government and seven Memphis landlords argued for more than two hours via Skype whether U.S. District Court Judge Mark Norris should at least temporarily block the government’s order halting evictions because of COVID-19, the Daily Memphian reports. The landlords assert that the halt order issued on Sept. 4 by the Centers for Disease Control (CDC)  is “an unlawful exercise of power by the CDC” and an excessive application of authority. The order is part of an effort to curtail the spread of COVID-19 to keep families socially distant within their homes and to prevent homelessness. The judge said he would rule on the landlord’s request for a preliminary injunction as “quickly as possible.”

Posted by: Barry Kolar on Oct 30, 2020
News Type: TBA CLE

Learn the latest on the numerous asylum changes and proposed asylum changes, get a review of recent Supreme Court decisions involving immigration issues and more during the upcoming TBA Immigration Law Section fall forum on Nov. 17. The virtual program will provide four general CLE hours.

Posted by: Barry Kolar on Oct 30, 2020
News Type: Election 2020

More than half of Tennessee’s registered voters have already cast their ballots for Tuesday’s general election, the Tennessee Secretary of State reports. In six Tennessee counties — Cheatham, Davidson, Loudon, Rutherford, Williamson and Wilson — turnout from early and absentee voting has already surpassed the early, absentee and Election Day turnout totals from 2016. A comprehensive report of in-person or absentee by-mail turnout during the two-week early voting period by county with comparisons to 2016 and 2012 is available on GoVoteTN.com.


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