TBA Law Blog


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Posted by: Stacey Shrader Joslin on May 27, 2020

The Tennessee Supreme Court has approved a plan submitted by the Davidson County courts to begin holding in-person proceedings. Jury trials in the country will remain suspended until July 6. Those attending in-person proceedings in the historic county courthouse, the Justice A.A. Birch Building and the Davidson County Juvenile Court Building will be asked to wear masks. Security officers also will be using a touchless thermometer to read visitors' temperatures. Only 10 people, excluding court personnel, will be allowed in a courtroom but it is up to each judge to decide to allow friends and family in the room. The Tennessean has more specific guidance for each building. In related news, Nashville lawyer David Raybin writes in an op ed why there are good reasons to delay jury trials to July.

Posted by: Stacey Shrader Joslin on May 27, 2020

The Tennessee Supreme Court issued an order today to extend the state of emergency for the judicial branch and the Continuity of Operations Plan for courts in the state until further order. The order also modifies the court’s previous orders dealing with in-person proceedings at municipal, juvenile, general sessions, trial and appellate courts. Under the new rules, jury trials will remain suspended through July 3. Once trials begin, courtrooms must observe capacity and social distancing requirements and jurors must wear face masks. In addition, juries for civil cases will be limited to six individuals unless a 12-person jury is specifically requested.

The order also (1) lifts the moratorium on eviction proceedings on June 1 unless the property is subject to limitations in the CARES Act; (2) extends the expiration date of orders of protection and temporary injunctions to June 15; (3) allows judges’ and clerks’ office to limit in-person contact with the public but requires them to remain open; (4) encourages attorneys to utilize remote witnessing and notarization protocols; and (5) encourages court to continue conducting as much business as possible by telephone, teleconferencing, email, video conferencing or other means that do not involve in-person contact. Read more in a release from the court.

Posted by: Stacey Shrader Joslin on May 27, 2020
News Type: TBA CLE

The TBA Elder Law Section will host the 2020 Elder Law Forum as a virtual event on July 10. The six-hour program will provide essential and practical material for elder law attorneys and those interested in learning more about this practice area. Four of the six hours will be presented with live speakers while the other two hours will be offered exclusively to forum registrants as two one-hour programs to watch on their own time — before or after the live event. Thanks to the sponsors for this program: Cumberland Trust, Krause Financial and Vista Points Special Needs Trusts.

Posted by: Kate Prince on May 26, 2020

The Tennessee House of Representatives has decided to allow the public into its hearing rooms as it resumes business this week, but restrictions will be in place to safeguard against the COVID-19 virus, WPLN reports. House GOP spokesperson Doug Kufner said House committee rooms will only sit about 20 visitors and are available on a first come, first served basis. Visitors are required to have their temperatures checked and wear masks and only three people are allowed on the elevators at one time. Lawmakers’ desks and the dais and podium area in the House chamber have been separated by plastic Lexan barriers. The Senate has decided not to allow public into its committee rooms or chamber and is limiting the number of staff on the Senate floor.

Posted by: Kate Prince on May 26, 2020
News Type: Legal News

Chattanooga attorney Ariel Anthony has been chosen by the National Black Lawyers (NBL) for inclusions into its Top 40 Under 40 Black Lawyers in Tennessee. Anthony is an attorney at Husch Blackwell where she practices in the firm’s Litigation & Alternative Dispute Resolution and Private Wealth groups. Top 40 Under 40 candidates must be nominated by current NBL members and are evaluated on factors that include an outstanding reputation among peers, the judiciary and the public, notable achievements, settlements and verdicts as a lawyer, leadership and membership in other lawyer organizations and more. Anthony is a board member of the TBA’s Young Lawyers Division, serving as co-chair of the Diversity Committee.

Posted by: Kate Prince on May 26, 2020
News Type: Legal News

Gov. Bill Lee this week appointed Murfreesboro attorney Bonita Jo Atwood to the 16th Judicial District Circuit Court, filling the vacancy created by the retirement of Judge Royce Taylor. Atwood has been a managing partner at Atwood and Moore since 1995, practicing in a wide range of civil litigation. She earned her law degree from the Nashville School of Law and previously practiced with the Law Offices of Henry, Kious & Hall. Atwood is also a charter member of the Middle Tennessee Lawyers Association for Women. The 16th Judicial District covers Rutherford and Cannon counties. Read more from the Tennessee State Courts website.

Posted by: Kate Prince on May 26, 2020

The Tennessee Supreme Court will hear five cases on Thursday. A livestream video conference will allow the justices to hear three of those cases and the last two will be submitted on briefs. Cases will begin at 9:30 a.m., 11 a.m. and 1:30 p.m. CDT and will be livestreamed to the TNCourts YouTube page. Read the details of all five cases on the Tennessee State Courts website.  

Posted by: Kate Prince on May 26, 2020

Two bills that would have paved the way for student-athletes to be compensated for use of their names, images and likenesses failed to pass the General Assembly yesterday, the Daily Memphian reports. Legislation from Rep. Joe Towns, D-Memphis, that would have prevented universities from being penalized if student-athletes received gifts or benefits from boosters, failed on a voice vote after an hour-long debate. A similar bill from Rep. Antonio Parkinson, D-Memphis, which would have allowed those athletes to be paid for their names, images and likenesses, failed after a 4-4 vote. One opponent of the legislation, Rep. Kevin Vaughan, R-Collierville, said he supports pay for student-athletes, but worries state universities could be punished for paying their athletes since the NCAA has not put new rules into effect. Neither bill is scheduled to be considered by the Senate.

Posted by: Kate Prince on May 26, 2020
News Type: Passages

Judge David Wilson Norton of Hixson died May 21 at 73. Norton earned his law degree from the University of Memphis Cecil C. Humphreys School of Law before serving as assistant Hamilton County attorney from 1983- 2012, city judge of Soddy Daisy from 1984-2012 and later as a Hamilton County General Sessions Court judge. He also served as one of three commissioners for the Hixson Utility District and as chairman of the Utility Management Review Board for the Tennessee Comptroller of the Treasury. His family requests memorial donations be made to Adult & Teen Challenge Midsouth. Services will be announced at a later date, but condolences and memories can be shared online.

Posted by: Kate Prince on May 26, 2020
News Type: TBA CLE

The TBA’s International Law Forum is now available online in a 1-Click package! This virtual three-hour forum will discuss the impact of COVID-19 on the global market by visiting three areas: business, finance and medicine. Presenters will discuss experience in their industry and what is needed to rebound from the epidemic. Not an International Law Section member? Join the section now.


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