TBA Law Blog


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Posted by: Kate Prince on Jun 30, 2020
News Type: Legal News

After being turned down by two lower courts, a Shelby County group seeking election security reforms is asking the U.S. Supreme Court to hear its case on voting machines, the Daily Memphian reports. SAVE, made up of former and current Memphis officials, has sued Secretary of State Tre Hargett with the goal of changing the county’s voting procedures. The group contends Shelby County’s voting system has a “critical security breach” caused by unauthorized editing software, repeated Internet exposure of the system on election night when votes are transferred from satellite zones and the lack of a forensic audit to verify the system’s security. Specifically, they want Shelby to stop using AccuVote TSx DRE voting machines and system and are calling for the use of paper ballots with audits to limit the risk of breeches. SAVE has asked the high court to decide if they have standing to sue and to send the case to a federal district court for preliminary injunction in time for the fall elections.

Posted by: Kate Prince on Jun 30, 2020
News Type: Legal News

Former American Bar Association President William Hubbard has been named the new dean of the University of South Carolina School of Law, SC Biz News reports. Hubbard will assume his new role on Aug. 1, succeeding Robert Wilcox, who is retiring after 34 years as a USC professor and nine years as dean. Hubbard is a partner with the Columbia, South Carolina, office of Nelson Mullins and earned his law degree from the law school he will now lead. In addition to serving as ABA president from 2014-2015, Hubbard is a past president of the American Bar Endowment and the American Bar Foundation and is the current chair of the board of directors of the World Justice Project.  

Posted by: Kate Prince on Jun 30, 2020

The 2019-2020 TBA membership year ends today, so it is important to renew your membership to ensure you continue receiving member benefits and services. In addition to TBA Today, members receive free, unlimited access to Fastcase online legal research, discounts on all TBA CLE courses and a subscription to the Tennessee Bar Journal. Take a few minutes now to renew your membership online or call 615-383-7421.

Posted by: Kate Prince on Jun 30, 2020

The Nashville Bar Association and the Lawyers Association for Women are joining forces to host 100 Years of Woman Suffrage: Honoring the Past, Looking to the Future, an event that will celebrate the 100th anniversary of the 19th Amendment. The program will take place in the House Chamber of the Tennessee State Capitol where the pivotal vote was cast giving women the right to vote. Attendees will hear from Margaret Behm, Judge Martha "Cissy" Craig Daughtrey, Justice Anita Earls, Freda Player-Peters, Rebecca Price and Linda Wynne. The event will take place on Aug. 13 from 1:30 - 4 p.m. CDT. If an in-person event is not possible due to the COVID-19 pandemic, organizers plan to hold the event virtually.

Posted by: Stacey Shrader Joslin on Jun 29, 2020

Tennessee state Sen. Steve Dickerson, R-Nashville, recently settled lawsuits against his company Comprehensive Pain Specialists (CPS). The suits had alleged that Dickerson and Dr. Gilberto Carrero failed to intervene in the company’s scheme to bill for excessive drug testing, and sought to recover $50 million in civil damages. Federal prosecutors alleged that the government was defrauded by at least $25 million by the company. The suits were dropped following the settlement, according to the Tennessean.

Posted by: Stacey Shrader Joslin on Jun 29, 2020
News Type: Legal News

Full Court Press, an imprint of Fastcase, is launching a webinar series in partnership with legal history publisher Twelve Tables Press. The "Leaders in Law" monthly webinar series will feature interviews with notable attorneys who are advancing civil rights in the United States and across the world. Upcoming topics include The Global #MeToo Movement with David Oppenheimer; Breaking New Ground with Judge Thelton Henderson and Richard B. Kuhns; With Passion, An Activist Lawyers Life with Michael Meltsner; AILA Presents 35 Years Later, Jean v. Nelson with Ira Kurzban and Irwin Stotzky; and No Clue: Awakening to White American Affirmative Action and The Moral Revolution to Overcome It with Jonathan K. Stubbs. Sign up here for notifications when webinars are available.

Posted by: Stacey Shrader Joslin on Jun 29, 2020

The Tennessee Supreme Court today affirmed current law that appeals of an order of protection from a general sessions court must take place within 10 days. It also reaffirmed that common law writ of error as a means of appeal has been abolished. In the case of New v. Dumitrache et al., a general sessions court entered a one-year order of protection prohibiting David New from having contact with his ex-wife and their minor child. Over a month later, New appealed to the chancery court, arguing that the general sessions court had erred in issuing the order. When the chancery court rejected his claim, New appealed to the Court of Appeals. That court reversed the lower court, concluding that while the writ of error was abolished for some purposes, it remains a valid means of appealing a judgment. The Supreme Court rejected that interpretation, pointing out that neither the law nor the Tennessee Rules of Appellate Procedure provide for a writ of error.

Posted by: Stacey Shrader Joslin on Jun 29, 2020
News Type: Legal News

A recent article in EDGE — the business magazine of the Chattanooga Times Free Press — looks at Hamilton County Juvenile Court’s electronic make-over under the direction of Judge Rob Philyaw. “Record Breaking: Hamilton County Juvenile Court Leads the State in Electronic Conversion” follows a nearly 10-year effort by clerk Gary Behler to move the office from paper records to all electronic records, as well as offer digital tools for the public to use when interacting with the court. Within the next month, the court plans to become the first juvenile court in the state to offer electronic filing of court documents. Judge Philyaw said he is proud of the work of staff, the clerk and the clerk’s staff to make these improvements possible.

Posted by: Stacey Shrader Joslin on Jun 29, 2020

Tennessee Gov. Bill Lee today signed Executive Order 50 to extend the current state of emergency related to the ongoing COVID-19 pandemic to Aug. 29. The order continues the suspension of various laws and regulations to facilitate the treatment and containment of the virus, and encourages Tennesseans to limit activities, wear facial masks, work remotely when possible, and limit social gathering of 50 or more people, with some exceptions for churches, weddings and funerals. The governor also signed Executive Orders 51 and 52, which extend provisions that allow for electronic government meetings (subject to transparency safeguards) and remote notarization and witnessing of documents to Aug. 29. Read more from the Tennessean.

Posted by: Stacey Shrader Joslin on Jun 29, 2020
News Type: Legal News

The Legal Aid Society of Middle Tennessee & the Cumberlands today announced a new partnership with Nelson Mullins and the Association of Corporate Counsel Tennessee Chapter to provide assistance to clients seeking conservatorships. Under the program, Nelson Mullins staff will train association members and volunteer  attorneys on how conservatorship proceedings work. Once trained, the attorneys will be able to accept pro bono cases. Conservatorships protect those with acute special needs or medical incapacitation that render them unable to make important decisions about their own health and safety.


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