TBA Law Blog


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Posted by: Kate Prince on Jul 24, 2020

The Tennessee Supreme Court today set oral argument for Earle J. Fisher et al v. Tre Hargett et al for July 30 at 10:30 CDT. The case is being consolidated with Benjamin Lay et al. v. Mark Goins et al. Both cases address voting via absentee ballot. The oral arguments will take place remotely via Zoom and will be live-streamed to the TN Courts YouTube page. Find more on both cases here.

Posted by: Kate Prince on Jul 24, 2020
News Type: Legal News

A federal judge today ruled that the controversial abortion bill signed into law earlier this month by Gov. Bill Lee will not be allowed to move forward, the Tennessean reports. District Judge William L. Campbell stopped the rollout of the law less than an hour after it was signed by Lee by issuing a temporary restraining order. Today, Campbell granted a preliminary injunction that blocks the state from implementing the law while the courts rule on the case. Planned Parenthood, the American Civil Liberties Union and other abortion rights groups filed a lawsuit against the bill in federal court in June after it passed the Senate in a 23-5 early morning vote. They argue the bans are unconstitutional and contradict U.S. Supreme Court rulings in Roe V. Wade and other landmark cases.

Posted by: Kate Prince on Jul 24, 2020
News Type: Legal News

A widespread Twitter conversation has brought to light claims that some states do not allow menstrual products at bar exams, the ABA Journal reports. Cat Moon, director of the Innovation Design for the Program on Law and Innovation at Vanderbilt Law School, started a Google survey on July 16 asking people to weigh in on the issue and, out of 50 responses, found that people reported menstrual product bans in Texas, West Virginia and Arizona. Representatives from Arizona and West Virginia said they do not prohibit those items, but the executive director of the Texas Board of Law Examiners confirmed that the state does prohibit feminine hygiene products in the testing room but stocks the testing center bathrooms with free menstrual products. According to various tweets in the conversation, the cause for concern comes from the fear that test takers could cheat by writing answers on the tampons or pads. While it seems most jurisdictions do allow for these products to be brought in, Moon says there seems to be a significant amount of confusion on the issue. Moon also questions bar examiners providing menstrual products for test-takers in place of letting individuals bring their own supplies.

Posted by: Kate Prince on Jul 24, 2020

2020 has introduced dispute resolution professionals to technology tools with which they were unfamiliar mere months ago. How have we fared? Presented by the Dispute Resolution Section, this Zoom roundtable moderated by Larry Bridgesmith will explore meeting platforms, techniques, traps and tools of the “Zoom” era. Join in to learn from those who have been forced to become online ADR experts overnight. Lessons learned the hard way can sometimes be our best teachers. This roundtable is free and open to all members of the TBA. RSVP by 11 a.m. CDT on Aug. 13.

Posted by: Kate Prince on Jul 24, 2020

Legal Aid Society of Middle Tennessee and the Cumberlands will host two phone clinics next week for members of the public with questions about housing and renters’ rights, bankruptcy, medical bills, debt collection, domestic violence, SNAP benefits and unemployment benefits. Clinics will take place Monday from 4:30 to 6:30 p.m. and Wednesday from 11 a.m. to 1 p.m. CDT. Those needing assistance may call 800-238-1443 during these times. To volunteer for a clinic, contact Andrae Crismon or Kendra Cheek or call 615-780-7131. See the list of clinics for all of July.

Posted by: Kate Prince on Jul 24, 2020
News Type: Passages

Attorney Matthew B. Long died July 19 at the age of 37. Long was a 2013 graduate of the Lincoln Memorial University Duncan School of Law where he served as Moot Court president and as an intern law clerk for Chief Justice Gary Wade of the Tennessee Supreme Court. He began his legal career at Gilreath & Associates and later moved to Nashville to open the Tennessee division of the Atlanta-based Roth Firm. Long returned to Knoxville last August where he opened the Law Office of Matt Long. Matt was active in the Tennessee Trial Lawyers Association and served for many years in the Knoxville Barristers and on the Functions Committee of the Knoxville Bar Association. A Celebration of Life will be held at Calhoun’s on the River from 4- 8 p.m. EDT on July 30. Due to COVID-19 restrictions, there is a limit of 50 people allowed in the banquet room at one time. Attendees are asked to  stagger their arrival times to avoid overcrowding and to wear a mask.

Posted by: Kate Prince on Jul 24, 2020
News Type: TBA CLE

We cannot be together in person this year for the Summer CLE Blast, but the TBA still has your back! Whether you are catching up on CLE or getting it done early, the TBA has multiple ways to get 15 hours of CLE and fast! On July 27-31, the TBA will be rebroadcasting or presenting three hours of popular CLE content each day. Catch The Ethics of Healthy Lawyering on Monday, Better Right Now on Tuesday, Business Law Forum – Live! Wednesday,  Ethics Roadshow Parts 1 and 2 on Thursday and Become a Persuasive Legal Writer by Mastering this Secret Lawyer Skill on Friday. Additionally, for a limited time only, the Summer Blast 1-Click Package is available on-demand and includes a brilliant mix of ethics, law practice management and wellness programs worth 15 dual hours.

Posted by: Kate Prince on Jul 23, 2020

During his weekly press conference, Gov. Bill Lee today said he will not issue a mask mandate statewide, the Daily Memphian reports. Lee contends the best way to get people to wear a mask is to have buy-in. “And for mask-wearing to be sustainable, you’ve got to have buy-in, and a mandate is simply a mandate. It doesn’t equate to mask-wearing,” he said at his weekly press conference. “And there’s a great deal of trust in local leadership, so that targeted approach, we believe, is the best way to actually get people to engage in mask-wearing more effectively than a statewide, mask-wearing, one-size-fits-all mandate.” While refusing to order residents to wear masks, the governor launched an ad campaign Thursday urging people to put on masks in public to help fight the spread of COVID-19.

Posted by: Kate Prince on Jul 23, 2020
News Type: Legal News

Department of Justice Inspector General Michael Horowitz says his office has opened an investigation into the alleged improper use of force by DOJ personnel against protestors in Portland, Oregon, and Washington, D.C., The Hill reports. Horowitz said he is initiating the probe after receiving requests from members of Congress, members of the public and a referral from a U.S. attorney in Oregon. The investigation will look at how DOJ agents were trained and instructed to deal with demonstrators, whether they complied with rules of engagement and "applicable identification requirements," as well as the use of "lethal munitions, chemical agents, and other uses of force." The crackdown on demonstrators has come under scrutiny in recent days as protesters have reportedly been detained by unidentified officers.

Posted by: Kate Prince on Jul 23, 2020
News Type: Legal News

Voter rights advocates on Wednesday filed a lawsuit demanding that top election officials in the state allow people to vote if they’ve had their voting rights restored after being convicted of a felony out of state, the Associated Press reports. The complaint, filed by the Campaign Legal Center, claims that since 1981, Tennessee has allowed residents with felony convictions in other states to register to vote as long as their voting rights had been restored in the state of their conviction. However, the complaint says the state “abruptly reversed course” and began requiring residents who had out-of-state felony convictions to meet additional rules. It alleges the Elections Division received a legal opinion from the attorney general’s office that stated residents must not only have their voting rights restored from the state of their conviction, but also must have fully paid all their corresponding legal and restitution fees. The attorney general’s office said it is reviewing the case.


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