TBA Law Blog


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Posted by: Stacey Shrader Joslin on Jun 10, 2020
News Type: Legal News

June 15 is World Elder Abuse Awareness Day and the American Bar Association Commission on Law and Aging has updated its resources to help lawyers understand elder abuse in each state. Topics include mandatory versus permissive reporting and power of attorney provisions. The commission also has a citations chart to easily find the text of elder abuse and long-term care ombudsmen laws in every state. Information also is available from the National Center on Law and Elder Rights, including the center’s Elder Justice Toolkit, which provides guidance on pursuing civil legal remedies in elder abuse cases.

Posted by: Stacey Shrader Joslin on Jun 10, 2020

The Music City Community Court will hold its 28th expungement clinic on June 20 at 10 a.m. CDT. The virtual FREEDOM-A-THON event will held in honor of Juneteenth, a commemoration of the ending of slavery in the United States. Attorneys are needed to volunteer for the event and can register here. A short training will be held via zoom the Thursday before the clinic. Registration ends this coming Monday at 2:30 p.m. CDT.

Posted by: Stacey Shrader Joslin on Jun 10, 2020
News Type: Legal News

Tennessee Attorney General Herbert Slatery III filed a lawsuit in Davidson County Chancery Court today alleging that neurologist James P. Anderson and his corporation, Affiliated Neurologists, violated the Tennessee Medicaid False Claims Act. The suit alleges that Anderson billed TennCare for a very expensive spinal cord stimulation device when he actually was using acupuncture devices not covered under TennCare. Also today, Slatery joined with all attorneys general to file a third lawsuit against generic drug manufacturers, who allegedly artificially inflated and manipulated prices, reduced competition and restrained trade for generic drugs sold in the United States. The suit names 26 corporate defendants and 10 individual defendants, and focuses on 80 topical generic drugs.

Posted by: Stacey Shrader Joslin on Jun 10, 2020
News Type: Upcoming

The National Bar Association, the nation's oldest and largest national network of predominantly African-American attorneys, will hold a training next Tuesday on how lawyers can help advance the conversation on justice. The session also will include a segment on how to represent protestors who have been arrested. Log into the Zoom training at 5:15 p.m. CDT.

Posted by: Stacey Shrader Joslin on Jun 10, 2020
News Type: TBA CLE

The TBA's Adoption Law Forum 2020 now will take place on Sept. 24. Join us in person or online to take a deep dive into post-adoption contract agreements, including recent changes to and ethics surrounding the use of PACAs. General counsel from the Tennessee Department of Children's Services also will be on hand to provide an update on legislation affecting the profession. A networking reception will follow the program, allowing you to meet TBA and section leaders.

Posted by: Barry Kolar on Jun 10, 2020

Tennessee Supreme Court Justice Jeffrey S. Bivins is being honored with the Tennessee Bar Association's prestigious Justice Frank F. Drowota III Award. Bivins was chosen for his decades of service to the legal profession in Tennessee, including his unwavering support of Access to Justice and indigent representation reform, and most recently, his leadership of Tennessee's courts during the pandemic. "I thank Chief Justice Bivins for his continued attention to the challenges facing the people of Tennessee, especially over the last few months," TBA President Sarah Sheppeard said. "His leadership and willingness to listen to concerns of the legal community facilitated innovation and creativity in continuing the administration of justice across our state."

Posted by: Kate Prince on Jun 9, 2020
News Type: Legal News

The University of Tennessee College of Law, its Legal Clinic and the Black Law Student Association have all issued statements following the death of George Floyd at the hands of Minneapolis police. The College of Law announced it is creating a Diversity Action Plan with “specific objectives and measurable outcomes that promote diversity, equity and inclusion in our law school.” The UT Legal Clinic has pledged to be more intentional about addressing systemic racism in its client representation and clinic seminars and says it will embark on a “deliberate listening process with the communities most harmed by systemic racism to learn how we can be more responsive to their needs.” The Black Law Student Association in its statement demanded change throughout the criminal justice system. “This change should focus on implicit bias, inadequate training, criminalization based on race, police oversight boards, and over policing of Black neighborhoods,” the group said. “Black Lives Matter today, tomorrow and always.”

Posted by: Kate Prince on Jun 9, 2020

Rep. Mike Carter, R-Ooltewah, has issued a public apology after making an “inappropriate” comment to an African American colleague, the Commercial Appeal reports. Carter, a white man, made the comment during a House Civil Justice Subcommittee meeting, when he tried to give Rep. Joe Towns, D-Memphis, a chance to speak, but could not get his attention. "He's getting the secret formula to Kentucky Fried Chicken," Carter said. "Pretty concentrated on that." Carter said he would let Towns "get the recipe" before returning to him. In House chambers hours later, Carter appeared to fight back tears while apologizing for his remarks, calling them inappropriate and saying he looked forward to working on any issues of “racial reconciliation” in the future. Towns said he appreciated Carter’s apology. "Historically in our country we've had a lot of problems," Towns said, noting recent developments around the country and in Tennessee. "It's very critical that we have to mind our words as it relates to women and children and ethnic groups that have been maligned over a period of time."

Posted by: Kate Prince on Jun 9, 2020

The American Civil Liberties Union is considering a second lawsuit against the Shelby County Sheriff’s Office over COVID-19-related health conditions at the Shelby County Jail, the Daily Memphian reports. A demand letter from the ACLU and a wide range of organizations and attorneys was sent to Sheriff Floyd Bonner on Monday, alleging unsanitary conditions and inadequate preventative measures are jeopardizing the health of detainees in the jail. The letter claims detainees have limited access to drinking water, are given utensils and cups that are not cleaned and have “vomit and feces on the clothing, bedding and towels.” The letter gives the sheriff until 2 p.m. on Thursday to agree to remedy 15 alleged deficiencies, ranging from inadequate testing to a lack of hand sanitizer and soap. The ACLU filed a federal class action suit against the Sheriff’s Office last month that seeks habeas corpus hearings to obtain the release of medically vulnerable detainees. As many as 70 sheriff’s employees and 160 detainees have tested positive for COVID-19.

Posted by: Stacey Shrader Joslin on Jun 9, 2020
News Type: TBA CLE

The TBA's 2020 Annual LGBT Forum will be a virtual event on June 26 — the five-year anniversary of the U.S. Supreme Court's decision recognizing marriage rights for all Americans. The team that assisted with and argued the case of Obergefell v. Hodges will unite to reexamine and remember this important case, providing insights into the preparation and proceedings that ultimately led to the court's historic decision. The program will run from 10 a.m. to 3 p.m. CDT (with a one-hour break for lunch) and offer four hours of CLE credit. Login information will be provided after registration.


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