TBA Law Blog


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Posted by: Kate Prince on Jul 28, 2020
News Type: Legal News

The Davidson County Election Commission on Monday urged voters to immediately return their mail ballots, which must be received by close of polls on Election Day, the Associated Press reports. According to officials, they have mailed almost 30,000 absentee ballots for the Aug. 6 primary and only half have been completed and returned. Voters have until Thursday to request an absentee ballot, though officials have urged quicker action. They also advise allowing seven days for return. Davidson County Chancellor Ellen Hobbs Lyle ordered the state to expand absentee voting in early June and the state’s appeal of that order heads to the Tennessee Supreme Court on Thursday. Voters can track absentee ballots here.

Posted by: Kate Prince on Jul 28, 2020
News Type: TBA CLE

As part of the Summer CLE Blast, the TBA will rebroadcast the two-part 2019 Ethics Roadshow program this Thursday, starting at 10 a.m. CDT. Lewis Thomason attorney Brian Faughnan will offer a crash course on important changes to ethics rules, how those changes will potentially impact the legal landscape and a discussion of ethics rules that remain important to know and comply with. Registration is now open for Part One and Part Two of the program, each worth 1.5 dual credits each.

Posted by: Kate Prince on Jul 28, 2020
News Type: Legal News

Attorney General Herbert H. Slatery has reached a settlement agreement with Medicaid Done Right (MDR) after it was alleged the company had misrepresented itself as authorized by or affiliated with the government to assist with TennCare/Medicaid applications. MDR contracts with nursing homes to provide Medicaid application assistance to patients and their families and had such agreements with at least two companies that operate several nursing homes in Tennessee. MDR’s webpage had featured text and illustrations that gave the impression that it was part of TennCare and, in several instances, nursing home patients believed they were required to use MDR’s services and that it was part of TennCare. MDR also failed to disclose that state Area Agencies on Aging and Disability (AAADs) can often perform TennCare/Medicaid application assistance for free. According to the terms of the settlement, MDR must take down the misleading text and illustrations from its webpage, inform Tennessee consumers that AAADs can offer assistance and provide restitution to Tennessee consumers with assets over the Medicaid income threshold who used MDR or attorneys suggested by MDR and who requested repayment when contacted by the AG’s office. Read the full settlement agreement on the AG’s website.

Posted by: Stacey Shrader Joslin on Jul 28, 2020
News Type: Passages

James Hiram Street of Grundy, Virginia, died July 9 at his home following a courageous battle with cancer. He was 62. Street earned a bachelor’s degree from the University of Tennessee in 1984, and a law degree from Memphis State University (now the University of Memphis) in 1987. He began practicing law in 1988 with the Street Law Firm LLP. Street spent many years volunteering with the Boy Scouts, served on the Sequoyah Council Board and established two foundations: the Breaks Scout Transportation Foundation and Breaks Scout Foundation. He was an avid outdoorsman, nature photographer and pilot. Memorial donations may be made to the Multiple Myeloma Research Foundation, P.O. Box 414238, Boston, MA 02241-4238 or M.D. Anderson Cancer Center, P.O. Box 301439, Houston, TX 77230.

Posted by: Kate Prince on Jul 28, 2020
News Type: Legal News

Judge Amul Thapar of the U.S. Court of Appeals for the 6th Circuit last week authored an opinion in which he shared pointed criticism of a Tennessee attorney for going too far in his allegations against his opponent in an antitrust suit, Law.com reports. Thapar, writing for an unanimous panel, said the language in lawyer Francis Santore Jr.’s amended complaint against Ballad Health, the Medical Education Assistance Corp. (MEAC) and others “added only insults, not an injury” to his case. That language included comparing the “incestuous relationship” between Ballad and MEAC to Sodom and Gomorrah and suggesting that the Ballad Board had been “sickened” and required “permanent quarantine.” The 6th Circuit ultimately agreed with the trial judge who had dismissed the suit for lack of jurisdiction. Thapar wrote that, while the court did not want to criticize the “passionate and forceful advocacy” of a client that Santore had shown at points in the trial, they did want to remind him that “as an officer of the court, he is expected to treat other parties in the case (as well as their counsel) with courtesy and professionalism.”

Posted by: Kate Prince on Jul 28, 2020
News Type: Legal News

The families of three Shelby County Justice Center detainees have hired a Memphis attorney to investigate after all three men died within one week, the Daily Memphian reports. Richard Willingham, who died on July 14, and DeMarcus Jarrett, who died on July 21, both passed away after being taken from the jail to the hospital. Preliminary reports indicate the deaths of both men were possibly related to preexisting conditions. The third man, Michael McCabe, died on July 17 after being found unresponsive in his cell. Authorities are calling his death a suicide. Despite the preliminary reports, attorney Brice Timmons has been hired to look into the deaths. “I have never seen anything like that before and the explanations that have been provided to the families are speculative and are insufficient,” Timmons said. An official cause of death has not yet been determined for any of the men, but the Sheriff’s weekly Twitter post last Friday said that no detainee has died from COVID-19.

Posted by: Stacey Shrader Joslin on Jul 28, 2020

Senate Republican leaders unveiled a plan to provide an additional $1 trillion in coronavirus relief funding this week, Bloomberg reports. The “HEALS” Act also provides liability protection from COVID-19-related lawsuits for businesses, schools, charities through Oct. 1, 2024, so long as the organizations made “reasonable” efforts to follow public health guidelines and did not commit acts of “gross negligence” or “intentional misconduct.” In addition, the plan would move medical liability claims against caregivers to federal courts and protect them from liability unless they engaged in gross negligence or intentional misconduct. The plan also contains a number of business tax provisions, including tax breaks for meals and entertainment, tax credits for expenses to protect workers and customers against the virus, an employee retention tax credit, and tax credits to spur U.S. manufacturing of personal protective equipment. Finally, the proposal includes a second round of stimulus payments, a new formula for enhanced unemployment benefits, extension of the Paycheck Protection Program, funds for states to ramp up testing and contact tracing, and funds for schools to prepare for fall classes. Despite reports that the bill would include an extension of an eviction moratorium originally included in the CARES Act, no such provision was part of the final proposal, NBC News reports.

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

Documents filed with the Henry County Circuit Court indicate that the Tennessee Bureau of Investigation is investigating a local attorney, the Paris Post Intelligencer reports. The documents include a request by 24th Judicial District Attorney Matt Stowe that he be recused since “the matter involves one or more lawyers whose practice is located” in the district. Stowe also requested that another judge from outside the district hear all future matters related to the investigation. Circuit Court Judge Donald Parish named 26th Judicial District Attorney Jody Pickens to serve as prosecutor pro tempore.

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

The U.S. Court of Appeals for the 6th Circuit is beginning the reappointment process for Western District of Tennessee Federal Public Defender Doris Randle-Holt. The court is seeking comments about her performance as well as the quality of services provided by her office. Comments should focus on the quality of representation, level of commitment and service to clients, and administrative efficiency of the office. Federal public defenders are appointed by the court for a term of four years. Randle-Holt’s current term expires on April 21, 2021. Comments should be received no later than Sept. 4. Read the full notice for additional details and submission instructions.

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

A group of protesters were pepper-sprayed Saturday morning as they attempted to enter the Shelby County Criminal Justice Center during a demonstration to cut funding for local law enforcement in half and reallocate that money to education, the Daily Memphian reports. Related, a group called DeCarcerate Memphis is tracking how federal Operation Relentless Pursuit money is being used in Memphis and six other cities. The organization believes “there are better ways to counter criminal activity than putting more money into traditional policing measures.”


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