TBA Law Blog


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Posted by: Stacey Shrader Joslin on Apr 13, 2020
News Type: COVID-19 News

After announcing a few weeks ago that the April administration of the LSAT would be canceled, the Law School Admission Council now says it is planning a May exam that students will be able to take at home. The online, remote version — to be known as LSAT-Flex — will be proctored and offered in the second half of May, Above the Law reports. The council says it will offer additional dates if needed. The move comes after ETS announced a home version of the GRE. More than 50 law schools now accept the GRE in lieu of the LSAT in admissions decisions.

Posted by: Suzanne Craig Robertson on Apr 13, 2020

If you prefer to receive your Tennessee Bar Journal and other TBA mail temporarily at your home address, that's easy to accomplish. You can update your mailing address while leaving your office information as your tba.org profile. This one-minute video will show you how to do that. For the May issue of the Journal to be delivered at the updated address, please make the change by noon central time this Friday.

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

Since the closure of many Tennessee schools and daycare centers, the state child abuse hotline has seen a significant decrease in calls, WPLN reports. Jennifer Nichols, commissioner of the Department of Children’s Services, said that means many abuse cases likely are going unreported. For those cases that are reported, the agency is trying to keep workers safe. Investigators are still knocking on doors when responding to tips, but DCS has supplied masks and recommends they stay on porches when possible. April is Child Abuse Prevention Month. Those with concerns can call 877-237-0004 or report online.

Posted by: Stacey Shrader Joslin on Apr 10, 2020

The American Bar Association’s Board of Governors this week approved a resolution urging states to adopt emergency rules authorizing limited practice with lawyer supervision for recent law school graduates if the pandemic causes cancellations of July bar exams. The model practice rule would apply to 2019 and 2020 graduates of ABA-accredited law schools who have not yet taken the bar exam and would require them to take the exam by the end of 2021, the ABA Journal reports. Anticipating additional actions on the issue, the ABA also formed a working group to monitor developments. In a separate article, the ABA Journal looks at the “mixed” reviews the proposal is getting from the legal community, while a story from the Associated Press covers how 3Ls are dealing with the situation.

Posted by: Stacey Shrader Joslin on Apr 10, 2020

Concern over the COVID-19 virus at the Criminal Justice Complex in Jackson has led to closure of the Circuit Court Clerk's office and suspension of all in-person hearings, including those involving inmates. A memo from Circuit Court Judge Roy B. Morgan Jr. says that hearings will be suspended until the Madison County Sheriff’s Office can develop a plan to “manage the situation.” The move comes two days after the sheriff confirmed two employees at the justice complex tested positive for COVID-19. That number increased to three yesterday, the Jackson Sun reports.

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

The Tennessee Court of Workers’ Compensation Claims is seeking feedback from attorneys and self-represented parties to assess the judges on the court. The online survey evaluates judges on five key attributes: legal ability, written decisions, temperament, diligence and impartiality for the period of March 2019 to February 2020. Those who have had cases before the court will receive an email with links to the survey. Submissions will be anonymous and judges will only see aggregate results. Surveys should be completed by May 1.

Posted by: Stacey Shrader Joslin on Apr 10, 2020

The law firms of Mary Alexander & Associates and Lieff Cabraser Heimann & Bernstein have filed a federal class action suit on behalf of more than 2,000 cruise ship passengers, alleging they were exposed to the coronavirus due to gross negligence by Carnival, Princess Cruise Lines and Fairline Shipping International Ltd. The group includes those who traveled on Carnival's ship, the Diamond Princess, and Princess’ ship, the Grand Princess. In related news, the family of a Chicago-area Walmart employee who died from the virus have filed a wrongful death suit alleging the store failed to protect workers, ABA Journal reports.

Posted by: Stacey Shrader Joslin on Apr 10, 2020

U.S. Attorney General William Barr is ordering federal prison officials to intensify their efforts to release vulnerable inmates at three prison complexes that are struggling to contain major outbreaks of the novel coronavirus, Politico reports. Barr is asking facilities in Danbury, Connecticut; Oakdale, Louisiana; and Elkton, Ohio to move elderly prisoners and those with pre-existing health conditions to home confinement. Seven federal prisoners have died from COVID-19 so far: five at the Louisiana prison and two at the Ohio facility. As of last week, 91 federal inmates and 50 staff had confirmed cases.

Posted by: Stacey Shrader Joslin on Apr 10, 2020
News Type: COVID-19 News, TBA CLE

TBA CLE is offering two new webcasts next week as part of the TBA's on-demand series "Navigating the Pandemic." The first, Remote Mediation and Ethics Issues, will take place Tuesday from noon to 1 p.m. and offer one dual credit. Brentwood lawyer Rebecca Blair will discuss effective modes of remote mediation, preparing for a remote mediation, ethical issues to consider and determining whether it is worth the time and money to participate in a remote mediation. The second, Pro Bono for Lawyers During the Pandemic, will be offered later that day from 2 to 3 p.m. and also offer one dual credit. Representatives from the state’s legal aid organizations will talk about how lawyers can continue to provide pro bono assistance during this time. All times are central.

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

Attorneys for Oscar Smith, who is scheduled for execution on June 4, filed a supplement Wednesday to a motion for a stay of execution originally filed on March 18. The team argued in the original motion that it was unsafe to bring witnesses, lawyers and others into the prison, possibly exposing them to COVID-19. It also said the virus was hindering the ability of Smith’s attorneys to represent him. The supplement argues that Smith’s need for a stay has only intensified as virus cases have ballooned in the last three weeks and that current protocols do not address carrying out executions in a pandemic. See all filings in the case.


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