TBA Law Blog


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Posted by: Stacey Shrader Joslin on Oct 28, 2020
News Type: TBA CLE

The TBA Real Estate Law Section, in conjunction with the Tennessee Land Title Association, will host the 2020 Hot Topics Forum on Nov. 13. The forum, which will be offered exclusively as a live virtual program, will run from 9 a.m. to 3:45 p.m. CST. Attendees will hear presentations on case law updates, legislative updates, HOAs, commercial real estate, force majeure, multi-jurisdictional matters and the unauthorized practice of the law.

Posted by: Kate Prince on Oct 28, 2020

Tennessee Sen. Joey Hensley, R-Hohenwald, on Monday admitted to prescribing opioids to family members and to an employee he was romantically involved with, the Tennessean reports. During opening statements in a medical disciplinary proceeding on Monday, Hensley’s attorney, David Sneed, defended his client’s good intentions and argued the prescriptions were all but unavoidable in the small town where Hensley is the only available doctor. State health officials argue Hensley violated medical standards over several years by prescribing controlled substances to family members and a romantic partner. That partner was a nurse in Hensley’s office and also his second cousin. The state testified that Hensley had written the woman at least 47 prescriptions for controlled substances from 2011 to 2018. At the hearing, Hensley testified that he was unaware he’d done anything wrong. The charges against Hensley are not criminal, but they could impact his ability to treat patients or prescribe drugs.

Posted by: Kate Prince on Oct 28, 2020

Amy Coney Barrett was on Monday night confirmed to the U.S. Supreme Court in a 52-48 vote by the U.S. Senate, the Associated Press reports. Justice Clarence Thomas administered the constitutional oath to Barrett in a White House ceremony after the vote and, on Tuesday, she took the judicial oath, given to her by Justice John G. Roberts. Barrett’s confirmation vote came from a deeply divided Senate and marks the first confirmation vote in modern times to receive no support from the minority party. Tennessee Senators Lamar Alexander and Marsha Blackburn both voted in favor of the confirmation.

Posted by: Kate Prince on Oct 28, 2020
News Type: Wellness Wednesday

According to a recent article in Psychology Today, mental stimulation and activity promotes better brain health and even a lowered risk of dementia. John Randolph, Ph. D. writes that “mental activity” could be defined in many ways, but includes reading, playing a musical instrument, working a crossword puzzle, playing board games or cards, going to museums and more. He cites several recent studies showing that people who engage in these types of hobbies tend to have better memory, executive functioning skills and a reduced risk of dementia. In addition to hobbies, Randolph also mentions research that suggests having a more complex job has a “protective effect on the brain.” He also warns against being “mentally disengaged,” as it is associated with negative outcomes, including “atrophy in a region of the brain containing the memory-critical hippocampus.”

Posted by: Stacey Shrader Joslin on Oct 27, 2020

State Sen. Kerry Roberts, R-Springfield, was released today from Skyline Medical Center and is now home, according to a new report by the Senate Republican Caucus. The statement continues: “Although he will be on bed rest during the upcoming days, his medical team continues to anticipate a full recovery from the subarachnoid hemorrhage he experienced on Oct. 9. Sen. Roberts continues to express his appreciation for the encouraging messages and prayers for his recovery.  The Tennessee Journal has the news.

Posted by: Stacey Shrader Joslin on Oct 27, 2020
News Type: BPR Actions

The Tennessee Supreme Court today permanently disbarred Unicoi County lawyer William Branch Lawson and ordered him to make restitution to clients in the amount of $67,850. The court took the action after finding that he (1) failed to appear in court or provide any legal services for which he was paid fees by clients; (2) failed to refund unearned fees to his clients; (3) misappropriated fees paid to him as well as funds held in his trust account for a third party; (4) failed to act with diligence in the representation of clients; (5) abandoned his practice; (6) failed to respond to requests for information; and (7) engaged in conduct involving dishonesty, fraud, deceit and misrepresentations. His actions were determined to violate Rules of Professional Conduct 1.3, 1.5, 1.15, 1.16, 8.1 and 8.4(a) and (c).

Posted by: Berkley Schwarz on Oct 27, 2020

The TBA filed a petition with the Tennessee Supreme Court today requesting modifications to S. Ct. Rule 8 and Rules of Professional Conduct 7.1, 7.2, 7.3, 7.4, 7.5 and 7.6, which address advertising of services. The petition was drafted by the TBA Standing Committee on Ethics and Professional Responsibility and proposes two changes: (1) culling down restrictions on lawyer advertising to the core requirement that lawyers not make false or misleading statements about themselves or their services, and (2) removing restrictions on communications by lawyers when communications are not likely to cause consumer harm.

Posted by: Stacey Shrader Joslin on Oct 27, 2020
News Type: Legal News

The Governor’s Council for Judicial Appointments today selected Jill Bartee Ayers, Kim R. Helper and David Veile as finalists for the Court of Criminal Appeals vacancy in the Middle District. The governor will now consider the three candidates for appointment. Read more about the successful candidates. The court vacancy will be created by the retirement of Judge Thomas Woodall on Dec. 31.

Posted by: Stacey Shrader Joslin on Oct 27, 2020
News Type: Legal News

Former Nashville General Sessions Court Probation Director Robert Green is suing the Metro Government and Judge Lynda Jones, one year after he was fired by the court, the Nashville Post reports. The firing came after news accounts revealed that he collaborated with U.S. Immigration and Customs Enforcement, providing information that helped federal authorities track down undocumented immigrants. But in the new lawsuit, filed in federal court last week, Green called the ICE story “pretext” and claimed instead that he was fired for taking medical leave. According to legal filings, Green’s doctor told him to take 30 days off work – federally guaranteed leave that he said Metro authorities had signed off on – but that he was fired upon returning from leave.

Posted by: Stacey Shrader Joslin on Oct 27, 2020
News Type: Legal News

Will Smith and Jay-Z are among the producers of a television miniseries about Mamie Till Mobley — mother of murder victim Emmett Till — which is scheduled to begin production in late January in Memphis, the Commercial Appeal reports. Filmmakers are currently scouting for filming locations in the Memphis area in preparation for the ABC-TV six-episode series. Titled "Women of the Movement," the miniseries will be shot in Memphis and the Mississippi Delta region where Emmett Till, a 14-year-old visitor from Chicago, was abducted and brutally murdered in August 1955. The series will focus on how Mamie became a crusader for justice after the murder.


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