TBA Law Blog


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Posted by: Stacey Shrader Joslin on Apr 29, 2020

As companies start planning their reopening, business groups are pushing Congress to limit liability from potential lawsuits filed by workers and customers infected by the coronavirus, the Associated Press reports. President Donald Trump has floated the idea of shielding businesses from lawsuits and U.S. Senate Majority Leader Mitch McConnell said Monday that the issue would be a priority when lawmakers return. The debate comes as lawsuits are already starting to surface. WMCA News 5 has the story, which looks at suits that already have been filed and the issues involved.

Posted by: Kate Prince on Apr 28, 2020
News Type: Legal News

TBA President Sarah Sheppeard recently announced that the 2020 TBA Annual Convention, originally scheduled to take place in-person in Knoxville, is being converted to a virtual event. The conference will take place during the week of June 15 and will include programming, networking opportunities and a virtual Lawyers Luncheon featuring award presentations and the passing of the gavel to President-elect Michelle Greenway Sellers. Scheduling and registration information will be circulated next week. “TBA appreciates its members now more than ever during this unprecedented time,” Sheppeard wrote to TBA members

Posted by: Kate Prince on Apr 28, 2020
News Type: Legal News

U.S. District Judge Freda Wolfson in New Jersey on Monday ruled that lawsuits over talc products made by Johnson & Johnson can proceed, Law.com reports. There are more than 16,000 lawsuits against Johnson & Johnson nationwide, all alleging that the company’s talc products contain asbestos and can cause ovarian cancer. Johnson & Johnson sought to stop the plaintiffs’ experts from testifying, but Wolfson ruled that five of those experts could appear before juries. Wolfson’s decision comes after she held a weeklong hearing to review the admissibility of eight experts, five for the plaintiffs and three for the defense, all of which were approved, setting the stage for a battle of the experts.

Posted by: Kate Prince on Apr 28, 2020
News Type: COVID-19 News

All inmates at the Trousdale Turner Correctional Facility will be tested for COVID-19, the Tennessee Department of Corrections announced today. The Tennessean reports that of the 3,810 inmates tested so far at the facility, 93 are positive for the virus. Across the state, 756 inmates at seven facilities have tested positive. The vast majority of them are asymptomatic. Eight inmates were hospitalized, TDOC reported.

Posted by: Kate Prince on Apr 28, 2020

The Tennessee Supreme Court today upheld the Chancery Court of Davidson County’s decision to suspend Nashville attorney George H. Thompson III. After filing a nonsuit on behalf of a client, Thompson failed to refile his client’s case in a timely manner, resulting in the personal injury claim being barred by the statute of limitations. Thompson later paid the client to settle their malpractice claim against him, but failed to advise the client that they should seek independent legal counsel in reaching a settlement. The Board of Professional Responsibility imposed a one-year suspension, with 30 days active suspension and the remainder served on probation, which the Chancery Court later affirmed. The Supreme Court today concluded that Thompson failed to show that the imposed sanction was inappropriate. Read the unanimous opinion in George H. Thompson, III v. Board of Professional Responsibility of the Supreme Court of Tennessee or view the BPR's press release.

Posted by: Kate Prince on Apr 28, 2020
News Type: TBA CLE

Watch the TBA’s online CLE Building the Appellate Record and Preserving Issues for Appeal: Federal Courts and quiz yourself on hot topics in appellate practice. Join Chattanooga lawyer Robert Parsley as he addresses preserving issues for appeal, the forfeiture rule and its rationale in federal appellate courts and building the appellate record in federal district courts. Available May 1 for one general CLE credit.

Posted by: Kate Prince on Apr 28, 2020
News Type: COVID-19 News

After six weeks of working from home, state legislative employees are headed back to the office on Monday, but under new protocols, the Tennessean reports. Those protocols will keep the Cordell Hull office building in Nashville closed to the public. Visitors, including lobbyists and constituents, will need to make an appointment with legislators to gain entry into the office, but few legislators are likely to be in the building for the next few weeks. The protocols also call for employees to wear masks, maintain six feet distance between other people and to wash their hands frequently. The legislature recessed on March 19 and will resume session on June 1, but will likely hold committee meetings in late May. The reopening comes as thousands of the state's executive branch employees have been told to work they will continue working from home until May 26, the Tennessee Journal reports.

Posted by: Jarod Word on Apr 28, 2020

With Governor Lee’s stay at home order expiring this week, municipalities across the state must consider the best measures to re-open businesses, activities and workplaces in a pandemic. Each Tennessee community seeks to implement plans designed to strike a balance between normal operations and the safety of its citizens.

Considering these issues, the TBA Local Government Section will host a virtual roundtable for community leaders and bar members to discuss and exchange ideas on how communities across the state will rise to this tremendous challenge. This roundtable discussion will be held at 1 p.m. CDT on May 5. Zoom videoconference registration information will be sent following registration. 

Posted by: Stacey Shrader Joslin on Apr 27, 2020
News Type: U.S. Supreme Court

The U.S. Supreme Court ruled last Thursday that a lawful permanent resident twice convicted on drug possession charges should be deported, according to U.S. News & World Report. The decision, which split the court 5-4 along ideological lines, came in the case of a green card holder who was present at a gun shooting in 1996 and convicted of drug possession in 2007 and 2008. Writing for the majority, Justice Brett Kavanaugh noted that a “criminal record of this kind” made the resident ineligible to stay in the country.

Posted by: Stacey Shrader Joslin on Apr 27, 2020
News Type: Legal News

A record-breaking 600 people attended this year’s Innovations in Technology Conference to share ideas on how technology can help bridge the access to justice gap, the Legal Services Corporation reports. Sessions covered a variety of topics with a focus on the possibilities and challenges of AI and machine learning, changes to regulatory rules related to the unauthorized practice of law, and how innovative design can help organizations improve the delivery of legal services. Videos of the sessions are now available on the LSC’s YouTube page.


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