TBA Law Blog


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Posted by: Stacey Shrader Joslin on Aug 5, 2020
News Type: Legal News

The Daily Memphian, in partnership with the Institute for Public Service Reporting at the University of Memphis, recently wrapped up a three-part series looking at how the Memphis Police Department has mishandled thousands of sexual assault crimes over two decades. In Part 1 of “Mess,” reporters look at one victim’s outrage over police missteps and discovery of destroyed evidence. Part 2 looks at aging sexual assault victims who contend that police failure to investigate their cases doubled their trauma. Part 3 looks at formation of the police department’s Cold Case DNA Unit, which is tasked with locating old rape kits and re-investigating cases. So far, the unit has reopened more than 5,000 criminal investigations and has successfully put some serial rapists behind bars. But many other cases were not resolved before the statute of limitations expired or the victim died without justice.

Posted by: Stacey Shrader Joslin on Aug 5, 2020
News Type: Legal News

Nashville lawyer Sunny Eaton will take over the Davidson County District Attorney’s Conviction Review Unit in September. The unit was created in 2017 but has yet to secure any exonerations. The appointment of a defense attorney from outside the office feels like a reboot, The Scene reports. Eaton got her start in entertainment law but quickly moved to a job at the Metro Public Defender’s Office. After four years, she decided to start her own firm, working alongside several other former public defenders. Eaton says she wants to increase awareness of how people can apply to have their cases reviewed.

Posted by: Stacey Shrader Joslin on Aug 5, 2020
News Type: Passages

Knoxville lawyer Darryl G. Lowe died Aug. 1 at the age of 75. Lowe attended the University of Tennessee on a baseball scholarship, graduated and enlisted in the Air Force. Following discharge, Lowe entered the University of Tennessee College of Law. First licensed in 1974, he initially worked for Kennerly, Montgomery & Finley. He later started his own firm with Cliff Shirley and later Steve Yeager. A memorial service will be held Saturday for family only, but also will be livestreamed on the Facebook page of Berry Highland Memorial beginning at 11 a.m. EDT. A public reception will be held from 1 to 3 p.m. at the funeral home. In lieu of flowers, donations made be made to The Mission of Hope, P.O. Box 51824, Knoxville, TN 37950.

Posted by: Stacey Shrader Joslin on Aug 5, 2020

The American Bar Association recently announced the launch of a new website that will serve as a clearinghouse of information and resources to support and advance the practice of law and the judicial system amid expected long-term changes due to COVID-19. The “Practice Forward” website is designed to “get ahead of the changes that are occurring in the delivery of legal services,” according to the Coordinating Group on Practice Forward, which was created to coordinate pandemic-responsive resources to address law practice management, the practice of law and professional development.

Posted by: Kate Prince on Aug 4, 2020
News Type: Legal News

A 13-year dispute between soda companies over the trademark registrability of the term “ZERO” when used in the names of sodas or energy drinks has ended after a ruling from a Federal Circuit appellate panel, Law Street Media reports. The creators of RC-Cola, Sprite and Dr. Pepper argued that Coca-Cola could not trademark drinks like “Coke Zero” without a disclaimer on the label saying they didn’t own the trademark for the word ZERO because the term was too generic to be eligible for a trademark. The plaintiffs challenged Coca-Cola’s use of the word ZERO in conjunction with 16 beverages including Coke Zero, Pibb Zero, and the energy drink Vault Xero. The Federal Circuit permitted Coca-Cola to disclaim ZERO, ending the dispute.

Posted by: Kate Prince on Aug 4, 2020

Gov. Bill Lee today said his administration is working on a plan that would allow schools to share data on the number of COVID-19 cases in their facilities, the Tennessean reports. After the release of Lee’s school reopening plan last week, state Department of Health Commissioner Dr. Lisa Piercey said Tennessee had no plans to provide the public with such data, saying that decision should be left up to individual school districts. A spokesperson later cited patient privacy as a priority while defending that decision. But, during his weekly press conference today, Lee reversed course, saying he believes “that we have to protect privacy but we also have to be transparent.” Lee said within the next week, his administration will present a plan aimed at "being more transparent" on the school data. His administration has faced criticisms in recent months for refusing to release certain information, including county-level deaths and cases at nursing homes.

Posted by: Kate Prince on Aug 4, 2020

The General Assembly ratified and approved amendments and revisions to the Tennessee Rules of Civil Procedure with Senate Resolution No. 141 and House Resolution No. 236, both adopted before the legislature adjourned earlier this year. These amendments to the Rules became effective July 1. The Tennessee Supreme Court adopted the amendments on Jan. 16.

Posted by: Kate Prince on Aug 4, 2020

Clio Roundtable: Virtual Law Firms - A New Model for Modern Legal Practices is a free one-hour virtual discussion happening on Aug. 12 from 1 to 2 p.m. CDT. Nefra MacDonald, Clio’s Affinity Program manager, will lead the discussion on what a virtual law firm is, how it works, why you should consider starting a virtual practice and how you might get started doing so. RSVP for the program by 11 a.m. CDT on Aug. 12 in order to receive access to the even via Zoom. This roundtable is free and open to all members of the TBA.

Posted by: Kate Prince on Aug 4, 2020

The TBA will celebrate the upcoming 100th anniversary of women’s suffrage by examining Tennessee’s role in the ratification of the 19th Amendment. On Aug. 18 from noon to 1 p.m. CDT, catch a rebroadcast of a presentation from award-winning journalist and author Elaine Weiss, given during the TBA’s 2020 Virtual Convention. Weiss will take viewers through the story of Tennessee and its monumental role in the ratification of the 19th amendment during the centennial anniversary, honor the key players and celebrate this moment in history and its impact on the legal profession. Register for the program.

Posted by: Kate Prince on Aug 4, 2020
News Type: Legal News

The American Bar Association House of Delegates adopted nearly 60 new policies at its virtual two-day meeting yesterday and today. Among the resolutions adopted as policy are several aimed at improving police-community relations and attacking racial injustice, including a measure urging the curtailment of the defense of qualified immunity in civil suits brought against law enforcement officer and another that urges governments to track police deadly force data. Several COVID-19-related new policies were adopted, including Resolution 10H that recommends governmental policies that minimize evictions and assist both landlords and renters faced with hardship because of the pandemic. Also, Resolution 117 recommends, among other aspects, that individual parties in court cases be offered a safe “in person hearing or delay” if the health crisis continues. Read a summary of the meeting and other adopted resolutions on the ABA’s website.


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