TBA Law Blog


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Posted by: Stacey Shrader Joslin on Jul 21, 2020

Federal grant funding remains available for local law enforcement agencies, jails and courts for expenses related to COVID-19, the state Department of Finance & Administration reported yesterday. The funding through the federal Office of Criminal Justice Programs can be used to purchase equipment for remote hearings and personal protective equipment as well as training and travel expenses. Jails are eligible for grants up to $20,000, while courts and law enforcement are eligible for grants up to $10,000. The deadline for court and jails to apply has been extended to July 31. The deadline for law enforcement agencies remains July 24. Get details here.

Posted by: Stacey Shrader Joslin on Jul 21, 2020
News Type: Legal News

The anti-tax group “No Tax 4 Nash” has failed to collect enough signatures to recall Nashville Mayor Cooper and council members over a 34% property tax increase approved by city leaders. In a statement on Facebook, the group said it will re-launch the petition campaign in the coming days, WKRN reports. The group also is facing two lawsuits over its use of unsolicited phone calls. In addition to the suit brought by the Spragens Law Form, a separate suit has been filed by attorney Joe Leniski. According to Tennessee Lookout, Leniski was the lead attorney in a class action suit that settled with charter school Nashville Prep for $2.2 million over unsolicited text messages.

Posted by: Stacey Shrader Joslin on Jul 21, 2020

Hundreds of Tennessee employees have reported living in fear for their health as their employers allegedly failed to abide by state and federal COVID-19 guidelines. The Tennessean reports that between March 1 and June 30, the Tennessee Occupational Safety and Health Administration processed 640 complaints alleging unsafe working conditions including inadequate personal protective equipment, lack of social distancing, inability to take time off to get tested for COVID-19, lack of information about coworkers who test positive for the virus, and the unwillingness of management to listen to safety concerns. In response to such complaints, TOSHA can notify employers of the complaint and reiterate federal and state safety recommendations, but cannot issue citations since it does not have workplace standards pertaining to COVID-19. Workers' advocates are calling on the state legislature to remedy the issue by adding COVID-19 standards to TOSHA’s enforcement authority.

Posted by: Stacey Shrader Joslin on Jul 21, 2020
News Type: BPR Actions

The Tennessee Supreme Court today censured Davidson County lawyer Jason Daniel Holleman based on his representation of clients who sought to obtain a cemetery by adverse possession and move it to another location. Holleman filed a petition to quiet title and termination of a cemetery known as the Rains Cemetery. He delegated to a non-lawyer the responsibility of contacting descendants of the Rains family and publishing notice of the petition though he did not provide appropriate direction. Holleman also misrepresented to the court that (1) notice of the petition to quiet title had been published when it had not, and (2) a descendant of the family buried in the cemetery had agreed to re-inter the bodies at a perpetual care cemetery. Holleman obtained a default judgment on pleadings that, at the time the motion was filed, were no longer true as the historic cemetery had been restored. The court found his conduct violated Tennessee Rules of Professional Conduct 1.1, 1.3, 3.1, 5.3 and 5.4.

Posted by: Stacey Shrader Joslin on Jul 21, 2020
News Type: Election 2020

A former public defender and a small business owner are part of a new wave of candidates trying to unseat Congressman Jim Cooper, WPLN reports. Keeda Haynes, 42, became a public defender after spending almost four years in federal prison for drug-related charges she has consistently denied. She is making criminal justice reform a centerpiece of her platform and has been endorsed by some of the progressive groups that have pushed back on Cooper’s voting record. Joshua Rawlings, 27, is a small business owner who previously ran as a Republican. His priorities include enacting term limits, universal health care and getting “big money” out of politics.

Posted by: Stacey Shrader Joslin on Jul 21, 2020
News Type: Election 2020

With veteran state Rep. John DeBerry removed from the Democratic ballot, three candidates are trying to distinguish themselves from each other for the District 90 House seat, the Daily Memphian reports. Hair salon owner Anya Parker, Southwest Community College instructor Catrina Smith and human resources director Torrey Harris are all looking for an edge in the race. The winner of the primary will face DeBerry, now an independent candidate, in the November general election. No Republican candidate qualified for the district race.

Posted by: Stacey Shrader Joslin on Jul 21, 2020
News Type: BPR Actions

The Tennessee Supreme Court yesterday suspended Mississippi lawyer Candace Lenette Williamson from the practice of law for two years, retroactive to the date of a temporary suspension on Dec. 21, 2018. Williamson was directed to serve one year on active suspension, followed by one year of probation. The court took the action based on four complaints of misconduct and one self-reported instance of misconduct. The court found that Williamson failed to adequately communicate with clients, did not provide competent and diligent representation, engaged in the unauthorized practice of law, and failed to advise opposing counsel, clients and the court that she had been temporarily suspended from the practice of law. Her actions were determined to violate Rules of Professional Conduct 1.1, 1.3, 1.4, 1.16(d), 3.2, 3.3, 5.5, 8.1 and 8.4 (a) and (g).

Posted by: Stacey Shrader Joslin & Kate Prince on Jul 21, 2020
News Type: TBA CLE

The TBA’s 2020 Summer FastTrack program will be held as a virtual program with sessions specifically designed for practitioners in the Memphis, Nashville and Knoxville areas. The Knoxville program will take place on Aug. 21. Don’t miss the opportunity to join area judges and attorneys for four one-hour presentations and an optional lunchtime Zoom mixer. Attendees will hear from Tennessee Supreme Court Justice Sharon Lee, 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 of the TBA’s online or virtual CLE offerings and three hours of exclusive online videos designed specifically for general practitioners on topics such as working from home, law practice management and tips for growing your practice. Sign up now and get 15 hours of CLE credit through this one program!

Posted by: Stacey Shrader Joslin on Jul 20, 2020
News Type: Legal News

A Metro Nashville school board member and two attorneys filed a federal class action lawsuit against “No Tax 4 Nash” and related individuals on Friday, alleging they violated federal law hundreds of thousands of times by robocalling Nashville voters on their cell phones and playing a recorded message. Spragens Law filed the case against the group’s three organizers — Nashville attorney Jim Roberts, Michelle Foreman and Kimberly Edwards — any vendor that placed the calls, and any other persons or entities who paid for the calls or directed they be made. Read more from the firm or view the complaint. Tennessee Lookout has background on the tax and the “No Tax 4 Nash” group.

Posted by: Stacey Shrader Joslin on Jul 20, 2020

To help schools and school districts prepare for the upcoming school year, Lewis Thomason has partnered with MyBenefitschannel, LeaderU and Five Points to provide education and training apps for teachers. Sessions include COVID-19 and Personnel Issues, COVID-19 and Student Issues, and Title IX Updates for New Rules by firm lawyers Chuck Cagle and Chris McCarty. The resources will remain available through Nov. 30.


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