TBA Law Blog


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Posted by: Stacey Shrader Joslin on May 17, 2022
News Type: U.S. Supreme Court

The U.S. Supreme Court yesterday limited the ability of federal courts to review certain factual findings in immigration proceedings that determine whether noncitizens will be deported or allowed to remain in the country. The majority opinion, written by Justice Amy Coney Barrett, states that federal law prevents review of factual findings that are connected to the executive branch’s judgments about granting discretionary immigration relief. “Federal courts have a very limited role to play in this process,” Barrett wrote. “With an exception for legal and constitutional questions, Congress has barred judicial review of the Attorney General’s decisions denying discretionary relief from removal.” Justice Neil Gorsuch joined with the court’s three more liberal justices in dissent. Read more in SCOTUSBlog.

Posted by: Stacey Shrader Joslin on May 17, 2022
News Type: Legal News

A suit brought by the Tennessee attorney general accuses grocery chain Food City of padding its profits through the sale of “massive quantities” of opioids with prescriptions written by high-volume providers and pill mills. The state also argues that the company offered discounts to opiate addicts, traded prescriptions for cash, ignored drug deals and drug-related crimes in its parking lots, and filled prescriptions from other countries and states. Food City is pushing back on its degree of liability, offering a list of citizens, companies, state and federal regulators and leaders it says are equally guilty in fueling the opioid epidemic. The grocery store is claiming comparative fault, arguing in a new motion that even if it intentionally sought to profiteer from opioids, there were many responsible for the creation of the epidemic. According to Tennessee Lookout, the lawsuit is the fourth in a chain of legal actions filed by Attorney General Herbert Slatery III against drug makers, distributors, prescribers and dispensers.

Posted by: Stacey Shrader Joslin on May 17, 2022

The Tennessee Registry of Election Finance is looking into a complaint that state Rep. Paul Sherrell, R-Sparta, wrote checks from his campaign account to local fire halls and asked for cash back, potentially pocketing it while campaigning this year. Tennessee Lookout reports that the complaint was filed by Dale Walker, a Sparta resident and director of the Tennessee Pastors Network. Walker says he learned of the situation from Cassville Volunteer Fire Chief Teddy Stockton. Sherrell has denied doing anything wrong, saying that that the cash received from the checks was “not retained for personal use” but was “used to pay for breakfast/meals at campaign events.” The registry was meeting today to discuss the issue.

Posted by: Stacey Shrader Joslin on May 16, 2022
News Type: Legal News

An assistant professor of art history has filed a $2 million suit against Vanderbilt University, claiming she was denied tenure as a result of the school’s unequal treatment of female “spousal hires,” who are offered a job as part of an employment deal extended to their partners. Mireille Lee filed suit in Davidson County Chancery Court last week alleging the university engaged in unlawful gender discrimination against her in the denial of tenure in both 2015 and 2019, then retaliated against her when she complained. Lee joined the faculty in 2008 after Vanderbilt offered a job to her husband, Joe Rife, an assistant professor of classics and anthropology. Tennessee Lookout has more on the suit.

Posted by: Stacey Shrader Joslin on May 16, 2022
News Type: U.S. Supreme Court

The leak of a draft opinion regarding abortion has turned the Supreme Court into a place “where you look over your shoulder,” Justice Clarence Thomas said Friday at a conference in Dallas. The Washington Post reports that Thomas also said the leak exposed the “fragile” nature of the court and that trust may be gone forever. “I wonder how long we’re going to have these institutions at the rate we’re undermining them. And then I wonder when they’re gone or destabilized, what we’re going to have as a country.” It was the second time in a week that Thomas decried declining respect for institutions; he made similar remarks at a conference of judges and lawyers two weeks ago.

Posted by: Stacey Shrader Joslin on May 16, 2022
News Type: Legal News

Adams and Reese LLP announced today it has launched a team dedicated to alcohol and hospitality law within its Intersection of Business & Government Practice Group. The firm also has added liquor lawyers Rob Pinson and Will Cheek in its Nashville office. The team will provide regulatory, transactional and litigation counsel for businesses and entrepreneurs in the hospitality and alcoholic beverage industries, according to a release from the firm. Pinson formed the Tennessee Distillers’ Guild and assisted in the formation of the new Tennessee Whiskey Trail. He holds a master of laws in taxation from the University of Florida Levin College of Law and law degree from the University of Tennessee. Cheek is a founding member of the Alliance of Alcohol Industry Attorneys and Consultants and serves as an advisory board member and legal counsel for the National Association of Licensing and Compliance Professionals. He also authors Last Call, a blog covering new regulations and developments in the alcohol and hospitality industries. He earned his law degree from Vanderbilt University Law School.

Posted by: Stacey Shrader Joslin on May 16, 2022

The U.S. Supreme Court ruled today that federal law limiting the amount of money candidates can raise to pay off personal debt violates the First Amendment. The Hill reports that the court, on a 6-3 vote, struck down a $250,000 cap on the amount of post-election funds a candidate can use to repay personal loans made to his or her campaign. Chief Justice John Roberts, writing for the majority, said the law unduly burdens a candidate’s constitutional right “to use his own money to facilitate political speech.” The case was brought by U.S. Sen. Ted Cruz, R-Texas, who sued the Federal Election Commission in an effort to pay off debt in excess of the federal limit.

Posted by: Stacey Shrader Joslin on May 16, 2022
News Type: Election 2022

Shelby County Chancellor Jim Kyle ruled on Friday that Lee Mills can remain on the Republican primary ballot for House District 99, the Commercial Appeal reports. Mills, the former chair of the Shelby County Republican Party and a Republican state executive committee member, had his residency in Shelby County challenged by Tennessee Coordinator of Elections Mark Goins. At issue was whether Mills’ house is in Shelby County or neighboring Fayette County; different maps show it in both counties. Kyle described his ruling as narrow and only on the fact that Mills is a resident of Shelby County. He did not rule on the border dispute between Shelby and Fayette counties, which underpins the case. Mills will face Tom Leatherwood, the current District 99 representative, in the primary on Aug. 4. He previously lost to Leatherwood in 2020.

Posted by: Stacey Shrader Joslin on May 16, 2022
News Type: Legal News

At least two people connected to a Tennessee execution that was abruptly put on hold last month knew that the injection drugs to be used had not undergone required testing, the Associated Press reports. The report comes after the outlet received “20 pages of heavily redacted emails and text messages” from the state Department of Correction through a public records request. The documents reveal that testing was not performed for endotoxins, which usually come from bacteria. Such testing is considered vital because it could be an indication of problems with the manufacture of the drugs, according to the AP. The governor’s office has declined to release any information or comment on the new documents citing an ongoing investigation by former U.S. Attorney Ed Stanton.

Posted by: Stacey Shrader Joslin on May 16, 2022
News Type: Passages, Politics

John Ryder, a Memphis attorney who was active in the state and national Republican parties for decades, died this weekend after a long a battle with cancer. He was 72 years old. Ryder practiced election and bankruptcy law at Harris Shelton and was widely considered an expert on election issues. He volunteered in a variety of different capacities in both government and politics. Most recently, he completed an appointment to the Tennessee Valley Authority. For 16 years he served on the board of the Tennessee Republican National Committee and more recently as the board’s general counsel. The Commercial Appeal has more on his life. Information about funeral services has not yet been announced.


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