TBA Law Blog


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Posted by: Kate Prince on Aug 18, 2020
News Type: Legal News

After being convicted by an all-white jury that deliberated in a room with tributes to the Confederacy on the wall, a Black man’s bid for a new trial has been denied, the Tennessean reports. Tennessee Circuit Judge Stella Hargrove ruled against Tim Gilbert’s motion for a new trial and denied his request for bond on Monday. Gilbert is serving six years at Bledsoe County Correctional Complex for aggravated assault and other charges stemming from a 2018 altercation. Gilbert and his attorney, Evan Baddour, sought a new trial, claiming the racial makeup of Gilbert’s jury and the Confederate memorabilia on display at the Giles County courthouse violated his right to a fair trial. Gilbert’s all-white jury deliberated in a room where an antique Confederate flag and a portrait of Confederate President Jefferson Davis hung. The room is also decorated with other related memorabilia and is named for the United Daughters of the Confederacy, an organization founded in the 1890s in Nashville to memorialize Civil War ancestors. Baddour said that while he respects the judge’s decision, he “will continue to fight.”

Posted by: Kate Prince on Aug 18, 2020

Attorneys for the federal government last week asked the U.S. Supreme Court to refuse to hear Tennessee’s lawsuit over refugee resettlement, the Tennessean reports. The filing stems from a 2017 lawsuit in which the state claimed the federal government was forcing states to pay for refugee resettlement, violating the 10th Amendment of the U.S. Constitution. The federal government claims the state lacks standing because they did not show any form of injury and they also take issue with the state Attorney General’s refusal to back the lawsuit, which forced the state to hire outside counsel. They also claim Tennessee has overblown its claim of being coerced to pay for resettlement costs. The state’s writ of certiorari comes after its case was dismissed by a federal judge in 2018 and again by the 6th Circuit Court of Appeals in 2019.

Posted by: Stacey Shrader Joslin on Aug 18, 2020
News Type: TBA CLE

The TBA’s Knoxville FastTrack program will take place virtually this Friday. Don’t miss the opportunity to hear from Tennessee Supreme Court Justice Sharon Lee as well as area attorneys Frank Johnstone of Wilson Worley PC in Kingsport and Samantha Parris with the Law Office of Samantha Parris in Knoxville. Registrants also will receive eight hours of prepaid credit to use on any TBA online or virtual CLE, and three hours of exclusive online videos designed specifically for general practitioners such as working from home, practice management and growing your practice. Sign up now and get 15 hours of credit!

Posted by: Kate Prince on Aug 18, 2020

On Aug. 18, 1920, Woodrow Wilson was in the Oval Office, Prohibition was in full swing and the dramatic conclusion of the fight to ensure a woman’s right to vote was unfolding right here in Tennessee. Thirty-five states had voted in support of the 19th Amendment, but the approval of 36 was needed to ratify. Seventy years of the Suffrage movement’s efforts all came down to one vote from one male legislator in Tennessee. To celebrate the 100th anniversary of this historical vote, award-winning journalist and author Elaine Weiss joined the Sidebar podcast to talk about her book "The Woman’s Hour," which tells the story of Tennessee’s role in the ratification of the 19th Amendment, and to discuss her research and passion behind the project. You can also watch a rebroadcast of Weiss’s full presentation from the TBA’s 2020 Virtual Convention by registering here

Posted by: Kate Prince on Aug 18, 2020
News Type: TBA CLE

Don’t miss the Labor & Employment Law Forum Lunchtime Webcast Series coming up on Sept. 14- 18. Each day that week from 12 to 1 p.m. CDT, attendees will hear from a variety of panelists and presenters covering a wide range of hot topics in labor and employment law. Programming includes: Case Law Update on Sept. 14; Navigating the Legal Landscape of Workplace Privacy on Sept. 15; Hot Wage & Hour Developments from the Plaintiffs’ and Employers’ Perspectives on Sept. 16; Things Your Arbitrator Wants You to Know on Sept. 17; and Judicial Panel: Best Practices in the Tennessee Appellate Courts on Sept. 18. Registration is per webcast and each program is worth one hour of general credit CLE.

Posted by: Kate Prince on Aug 18, 2020
News Type: Legal News

On Aug. 18, 1920, Woodrow Wilson was in the Oval Office, Prohibition was in full swing and the dramatic conclusion of the fight to ensure a woman’s right to vote was unfolding right here in Tennessee. Thirty-five states had voted in support of the 19th Amendment, but the approval of 36 was needed to ratify. Seventy years of the Suffrage movement’s efforts all came down to one vote from one male legislator in Tennessee. To celebrate the 100th anniversary of this historical vote, award-winning journalist and author Elaine Weiss joined the Sidebar podcast to talk about her book The Woman’s Hour, which tells the story of Tennessee’s role in the ratification of the 19th Amendment, and to discuss her research and passion behind the project. You can also watch a rebroadcast of Weiss’s full presentation from the TBA’s 2020 Virtual Convention today at noon. CDT. Register for the CLE here.

Posted by: Stacey Shrader Joslin on Aug 17, 2020

The Sons of Confederate Veterans has sued the state and the Tennessee Capitol Commission over a July vote to remove the Nathan Bedford Forrest bust from the Capitol’s second floor, the Daily Memphian reports. Doug Jones, a Nashville attorney representing the group, confirmed today that a suit was filed in Davidson County Chancery Court. The group’s main legal argument is that the commission does not have authority over the second floor of the State Capitol and, therefore, cannot vote to remove the bust. Instead, they argue, the legislature must make the decision since it passed a resolution in 1973 to place the bust in the Capitol. The commission voted 9-2 in early July to relocate the bust to the State Museum after Gov. Bill Lee requested it be moved.

Posted by: Stacey Shrader Joslin on Aug 17, 2020

Tomorrow is the 100th anniversary of the Tennessee legislature’s vote to ratify the 19th Amendment to the Constitution of the United States. As the 36th state to ratify the amendment, Tennessee put the vote for suffrage over the top. To mark this special day, the TBA is offering a one-hour CLE webcast at noon CDT with historian and author Elaine Weiss, who has focused her most recent work on the role of Tennessee in the suffrage fight. The TBA also has created a resource page with information for those who would like to learn more about the suffrage movement and the role Tennessee played. And look for a special issue of TBJ Select tomorrow focused on the anniversary. The webpage also lists events taking place around the state to celebrate this historic moment. Read more about the brave suffragists and lawmakers from Tennessee in this piece from Knoxnews or this editorial by former TBA president Bill Haltom.

Posted by: Stacey Shrader Joslin on Aug 17, 2020
News Type: Legal News

David Anthony, a former member of Bone McAllester Norton who spent more than a decade at the Nashville firm, has joined Memphis-based Harris Shelton Hanover Walsh and will lead the firm’s continued expansion in Nashville, the Nashville Post reports. Harris Shelton currently employs nearly 60 attorneys in five offices in Tennessee and Mississippi. Anthony said in a press release that the goal is to hire three or four additional attorneys in Nashville by the end of the year. The firm previously tapped former Davidson County Chancellor Bill Young to lead a Nashville expansion but he was appointed to lead the state Bureau of Ethics and Campaign Finance last year. The office is located at 414 Union St., Ste. 1007, Nashville, TN 37219. It can be reached at 615-377-2526.

Posted by: Stacey Shrader Joslin on Aug 17, 2020
News Type: Legal News

The American Civil Liberties Union of Tennessee is urging Gov. Bill Lee to veto a bill that cracks down on protesters, saying it would chill free speech by threatening people with "overly harsh criminal penalties" and mark "a giant leap in the wrong direction" on criminal justice reform. Director Hedy Weinberg sent a letter to Lee on Friday criticizing the bill as an attack on Tennesseans' rights disguised as an attempt to protect first responders. The group also has raised questions about whether the bill could have unintended consequences for people who are not involved in protests such as homeless individuals or those who try to stop police from using excessive force, the Knoxville News Sentinel repots. The ACLU backed the People's Plaza protesters last month, appealing to the governor to stop arresting demonstrators and seizing their property.


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