TBA Law Blog


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Posted by: Stacey Shrader Joslin on Oct 14, 2020
News Type: Legal News

Shelby County District Attorney Amy Weirich has asked the Memphis police to begin sending all confirmed cases of excessive use of force to her office so it can determine if criminal charges are merited. A police spokesman confirmed the department has received the request and is working on it, The Daily Memphian reports. Weirich’s request follows reports that instances of brutality have been treated as simple violations of policy and not referred to prosecutors. A police spokesman said the agency has no formal policy on when to refer cases to prosecutors.

Posted by: Stacey Shrader Joslin on Oct 14, 2020
News Type: Legal News

The Tennessee Department of Revenue will offer two free tax webinars focused on franchise and excise tax this month. These live virtual events will offer tax practitioners, attorneys, accountants, and others an opportunity to learn more about the topic and ask questions. On Oct. 20, the department will present “FONCE, Obligated Member.” On Oct. 27, it will present “Most Common F&E Exemptions.” Both programs will begin at 9 a.m. CDT. If you miss the live presentation, a recording of the sessions will be available on the department’s website.

Posted by: Stacey Shrader Joslin on Oct 14, 2020

A member of Tennessee Gov. Bill Lee’s security team has tested positive for the coronavirus, prompting the governor to quarantine at home with his wife out of an “abundance of caution,” the governor’s office announced today. The announcement said the governor is “feeling well” and has tested negative for the virus. Read more in the developing story from the Tennessean.

Posted by: Stacey Shrader Joslin on Oct 14, 2020
News Type: Legal News

The Workers' Compensation Appeals Board will hold oral arguments tomorrow by video conference. Since the pandemic, arguments have been held by phone but the board says the video platform will “enhance the quality of the arguments for everyone to see each other’s facial expressions and body language as well as hear the intonation of their voices.” See the docket here. In addition, the board announced that new rules governing the appeals process for both interlocutory appeals and compensation order appeals went into effect Monday. The rules do not revise deadlines or make other significant substantive changes, but now incorporate the board’s former Practices and Procedures into the administrative rules.

Posted by: Stacey Shrader Joslin on Oct 14, 2020

TBA member advantage partner Clio has released its annual Legal Trends Report with data collected this April to August from lawyers and legal consumers. Legal technology commentator Robert Ambrogi says the reports shows “a landscape forever changed by COVID.” Among the trends identified are: (1) a move away from brick-and-mortar offices to cloud-based technologies and virtual delivery of legal services; (2) more lawyers than ever using technology to manage their practices; (3) overwhelming support for greater use of technology by courts; and (4) use of cloud-based technologies, including a range of Clio products. Interested in learning more? TBA members receive a 10% discount on Clio products.

Posted by: Stacey Shrader Joslin on Oct 14, 2020
News Type: TBA CLE

Practicing in the Tennessee Supreme Court requires thorough preparation as well as a mastery of oral and written advocacy. The Supreme Court Boot Camp, presented by the TBA Appellate Practice Section, will help attorneys to develop these skills. Participants will observe oral arguments in real cases before the court and then join in an analysis and discussion on preparation, presentation tips and considerations for deciding to seek review. The forum will take place virtually on Nov. 4 beginning at 9 a.m. CST and offer six CLE hours.

Posted by: Stacey Shrader Joslin on Oct 14, 2020
News Type: Legal News

A federal judge today declared unconstitutional a 2015 Tennessee law that requires waiting periods before an abortion, the Tennessean reports. The law required a woman seeking an abortion to make two trips to a clinic: one for in-person counseling with a doctor and one at least 48 hours later for the procedure. Three of the state's abortion providers challenged the law, arguing it stigmatizes women seeking abortions and imposes particularly tough burdens on low-income women. The state argued it has two key interests in maintaining a waiting period: protecting fetal life and providing women time to form "mental clarity" about their decision.

Posted by: Stacey Shrader Joslin on Oct 14, 2020

The heart of sensory awareness practice is living an awake and responsive life and is based on the principle that we cannot heal what we are not willing to address. Sensory awareness practitioner Lee Klinger Lesser will offer a two-day online workshop on the mornings of Oct. 24 and 25 beginning at 11 a.m. CDT each day to introduce the practice and how it can be used to address hard issues in our country’s past. The “Cultivating our Capacity to Respond: Sensory Awareness and Anti-Racism” workshop will explore the basics of sensory awareness, how to quiet sensations, and how to move into action. She will be joined by Jarvis Masters, who teaches mindfulness while serving on death row at San Quentin Prison. Proceeds from the workshop will benefit the Equal Justice Initiative, which is committed to ending mass incarceration and excessive punishment, challenging racial and economic injustice, and protecting human rights.

Posted by: Stacey Shrader Joslin on Oct 13, 2020
News Type: U.S. Supreme Court

The U.S. Supreme Court today granted the Trump administration’s request to halt the census count while an appeal is pending, The Hill reports. The emergency order comes after the 9th Circuit Court of Appeals denied the administration’s request to overturn a district court ruling that the count must continue through the end of October. The administration has been seeking to end the count early, arguing that maintaining the original date of Oct. 31 would prevent the Secretary of Commerce from reporting data by the Dec. 31 statutory deadline, Jurist.org reports.

Posted by: Stacey Shrader Joslin on Oct 13, 2020

Bradley Arant Boult Cummings and Mid-South Immigration Advocates are offering a free virtual program on the topic of “Domestic Violence in Civil Litigation” on Oct. 27 from 9 a.m. to noon CDT. The program will focus on orders of protection, domestic violence divorce considerations and ethics in domestic violence civil litigation, with the goal of equipping lawyers to provide quality pro bono service. The program will be led by Elizabeth R. McClellan, an experienced domestic and sexual violence litigator and appellate practitioner who has successfully appealed and made new law in the area of orders of protection. Please register by 5 p.m. CDT on Oct. 26 to receive the Zoom link. 


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