TBA Law Blog


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Posted by: Stacey Shrader Joslin on Sep 9, 2020
News Type: Legal News

Hamilton County General Sessions Court Judge Gary Starnes said he is recusing himself from hearing all protest cases after "vicious personal attacks” against him and his nine-year-old grandson. Starnes had been set to hear cases against protest leaders on Oct. 8, Chattanoogan.com reports. One of the protestors facing charges questioned whether Starnes could be impartial after social media images surfaced showing him, his wife and grandson supporting the “Blue Lives Matter” movement. Starnes defended his ability to remain unbiased but said, "In order to avoid any appearance of impropriety, to avoid any negative effect on the judiciary, and in the interest of my grandson's privacy and safety, I have decided to recuse myself from all of these cases effective immediately.” The Administrative Office of the Courts will appoint another judge to hear the cases.

Posted by: Stacey Shrader Joslin on Sep 9, 2020

A decision by a special judge overseeing the dispute between Mississippi and Tennessee over groundwater rights is expected soon, the Commercial Appeal reports. The judge has heard final arguments in the case and is expected to make a recommendations to the U.S. Supreme Court. The court will then decide whether to accept that recommendation. Mississippi argues that Tennessee is taking its groundwater from the Sparta Sand Aquifer in north Mississippi near the state line and is seeking $600 million in damages. Tennessee argues the water is an interstate resource and that it is entitled to its use. The National Sea Grant Law Center at Ole Miss School of Law has said it will be the first time the high court has resolved a dispute over groundwater resources.

Posted by: Stacey Shrader Joslin on Sep 9, 2020
News Type: Legal News

The Centers for Disease Control and Prevention last week announced a national moratorium on residential evictions to prevent the spread of COVID-19. On Friday, the courts in Davidson County issued new guidance that protects people who cannot pay rent through Dec. 31, WPLN reports. However, the order does not protect people who were evicted last week after the county’s initial moratorium ended. The move does not entirely freeze evictions. People can still be evicted for threatening the health or safety of other residents or for posing a threat to damage the property. Landlords may also continue charging and collecting fees for not paying on time and any rent payments deferred under the order will have to be paid eventually.

Posted by: Stacey Shrader Joslin & Kate Prince on Sep 9, 2020
News Type: TBA CLE

The 2020 Labor & Employment Law Forum Lunchtime Webcast Series launches Monday with a case law update and a session on workplace privacy on Tuesday. On Wednesday, Brad Harvey of Miller & Martin and Gordon Jackson and Russ Bryant of Jackson, Shields, Yeiser, Holt, Owen & Bryant will have an interactive discussion about recent Fair Labor Standards Act developments and challenges facing plaintiff and defense wage and hour practitioners. Join your colleagues for this third installment of the series from noon to 1 p.m. CDT. Registration is per webcast and each program provides one hour of general credit CLE.

Posted by: Stacey Shrader Joslin on Sep 9, 2020

The Nashville Chapter of the American Constitution Society (ACS) will host its annual Supreme Court Preview virtually this year on Sept. 23 from 4 to 5:30 p.m. CDT. The program will include a discussion with ACS President and former U.S. Sen. Russ Feingold followed by a discussion of the upcoming Supreme Court term with Vanderbilt University Law School Professor Ganesh Sitaraman. A virtual reception will follow the program. Cost is $10 for those working in the public sector, academia or the judicial branch, as well as students. Cost is $25 for those working in the private sector.

Posted by: Kate Prince on Sep 8, 2020
News Type: Passages

Memphis attorney Lewis K. Garrison Sr. died on Sept. 2 at 88. Garrison served in the U.S. Navy during the Korean War and afterwards went on to earn his law degree from the University of Memphis School of Law. He practiced law in Memphis for 59 years trying many cases throughout his career, most notably the 1999 conspiracy trial involving the assassination of Martin Luther King Jr. Garrison was a member of the TBA, American Bar Association, Trial Lawyers Association and Tennessee Trial Lawyers Association. Visitation will be held Thursday from 1 to 2 p.m. CDT at the chapel at Memphis Funeral Home in Bartlett on N. Germantown Rd. with funeral services immediately following at 2 p.m. The family asks that all visitors and attendees wear a mask and practice social distancing. In lieu of flowers, memorial donations may be made to St. Jude Children's Research Hospital.

Posted by: Kate Prince on Sep 8, 2020
News Type: Passages

Memphis attorney Curtis S. Person Jr. has died at the age of 85, the Commercial Appeal reports. Person served as a state representative for Shelby County from 1966 to 1968, before switching from the Democratic to Republican party and winning a state senate seat in 1968. He stayed in the senate until 2006 — the longest uninterrupted term in the Tennessee legislature. During his tenure, Person served as chair of the Senate Judiciary Committee for 20 years and authored the Tennessee law mandating jail time for drunken drivers. He was elected as Shelby County Juvenile Court Judge after leaving the legislature and served in that position until 2014. Visitation will be held Wednesday from 11 a.m. to 1 p.m. CDT at the Memorial Park Funeral Home & Cemetery, 5668 Poplar Ave, Memphis, TN 38119. Funeral services will follow in the same location from 1 to 2 p.m. CDT. In lieu of flowers, donations may be made in memory of Judge Curtis S. Person Jr. to the Memphis Humane Society.

Posted by: Kate Prince on Sep 8, 2020
News Type: Legal News

Thomas Tansil Jr., former assistant district attorney general for the 24th Judicial District, was this month indicted by a Carroll County grand jury in connection with a financial misconduct case, the Tennessean reports. The state comptroller said Tansil is accused of wrongfully obtaining salary and travel payment dating back to 2017 and was indicted on one count each of theft over $10,000, official misconduct, tampering with governmental records and computer offenses. Investigators determined Tansil wrongfully obtained nearly $23,000 in state salary and travel expense reimbursements between Aug. 1, 2017, and Jan. 31, 2020. They allege Tansil was paid for 22 days of military leave when he was not on military orders, took at least 141 hours of annual and sick leave he did not have and falsified travel claims. Authorities said Tansil admitted he did not work 25% of the time he claimed between July 2018 to January 2020, and they are also questioning nearly $136,000 in salary and travel reimbursements he was paid.

Posted by: Kate Prince on Sep 8, 2020

The Tennessee Alliance for Legal Services today announced its 2020 Access to Justice award winners. Tennessee Supreme Court Justice Cornelia A. Clark is the 2020 Janice M. Holder Access to Justice Award recipient; Spring Miller of Vanderbilt Law School and Emily Stotts of the Community Legal Center’s Immigrant Justice are the 2020 B. Riney Green honorees; and Danielle Woods, Managing Attorney for Pro Bono Programs at Memphis Area Legal Services is the 2020 New Advocate of the Year. TALS’ annual Equal Justice University conference kicks off virtually tomorrow. This year’s theme, “Resilient Justice: Building Resilience & Ensuring Justice,” reflects a focus on equipping participants to advance justice during these unprecedented times. Each ATJ award will be presented virtually during this event. View the conference agenda here.  

Posted by: Kate Prince on Sep 8, 2020
News Type: Legal News

The University of Tennessee has awarded Federal District Court Judge Pamela L. Reeves with its Distinguished Alumna Award—the university’s highest honor for alumni. The award recognizes a University of Tennessee graduate who has attained extraordinary distinction and success in their field and whose achievements have brought credit to university and benefit to the community. Reeves was nominated to serve as a district judge on the U.S. District Court for the Eastern District of Tennessee by President Barack Obama in 2013. She was named chief judge of the U.S. Eastern District of Tennessee in April 2019, making her the first female chief judge in the court’s history. Reeves was also the first female president of the Tennessee Bar Association, serving from 1998-1999. “Judge Reeves is remarkable and inspiring,” said College of Law Interim Dean Doug Blaze. “Her history of accomplishment speaks for itself, but aside from that impressive list of achievements, she’s someone we all look up to.” Read more on the College of Law’s website.  


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