TBA Law Blog


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Posted by: Kate Prince on Jan 13, 2022

Members of the Registry of Election Finance panel today voted to subpoena former House Speaker Glen Casada, his former aide Cade Cothren and several others as part of a reopened audit of a political action committee, the Tennessean reports. The registry chose to reopen the audit of the Faith Family Freedom Fund PAC after the PAC's treasurer stated under oath that she opened the PAC at Cothren's request, but had no further involvement in its operations. Rep. Todd Warner, R-Chapel Hill, Rep. Charlie Baum, R-Murfreesboro, former Rep. Rick Tillis, and Casada’s longtime assistant Carol Simpson will also be subpoenaed. Members of the board emphasized the subpoenas are intended to gather information and will include any and all records, correspondence and electronic communications of all kinds by and between the subpoenaed individuals.

Posted by: Barry Kolar on Jan 13, 2022
News Type: TBA CLE

A record number of Tennessee attorneys completed CLE programming through the TBA in December and staff members have been working hard to complete all filing with the Tennessee CLE Commission. These courses all will be filed at the commission within 30 days of completion to ensure they are counted toward 2021 CLE requirements. We appreciate your patience as our team works to file your credits as quickly as possible. For any customer service needs, please contact us via email at cle@tnbar.org.

Posted by: Barry Kolar on Jan 13, 2022
News Type: BPR Actions

The Board of Professional Responsibility today issued a public censure to McNairy County lawyer Brian Jackson Petty for creating a conflict of interest by sending text messages that were sexual in nature to his client, who he had been appointed to represent in juvenile court. The board found there was a significant risk that Petty’s personal interests materially limited his representation of his client. 

Posted by: Kate Prince on Jan 13, 2022

A House Republican plan that would divide Nashville into three congressional districts yesterday passed through that chamber's Redistricting Committee despite the objections of House Democrats, the Tennessean reports. Under the plan, Democratic U.S. Rep. Jim Cooper’s 5th Congressional District would significantly shift southwest to include south Davidson County, east Williamson county and west Wilson County, in addition to covering Lewis, Maury and Marshall counties. The plan would also move northwest Davidson County into the 7th Congressional District, represented by U.S. Rep. Mark Green, R-Clarksville. Northeast Davidson, including most of East Nashville, would slide into the 6th Congressional District represented by U.S. Rep. John Rose, R-Cookeville. The Tennessee Democratic Party said on Twitter that it is prepared to sue over the plan, saying it denies "an entire community of shared interests a voice at the national level.” The state Senate Redistricting Committee chair also advanced two maps today – one that mirrors the map advanced by House Republicans and another that helps the Senate keep its Republican supermajority. Senate Minority Leader Jeff Yarbro, D-Nashville, criticized the congressional map, but was more resigned to redrawn Senate districts.

Posted by: Barry Kolar on Jan 13, 2022

The Tennessee Board of Judicial Conduct has issued a public reprimand to 19th Judicial District Circuit Court Judge Ted Crozier Jr. for failing to "perform judicial and administrative duties competently, promptly and diligently," as required by Tennessee ethics rules. The reprimand came in response to a complaint involving a bench trial in a termination of parental rights and adoption case in which the judge did not issue a decision until 10 months later, and a divorce and custody matter in which the judge failed to enter a ruling on two motions.

Posted by: Kate Prince on Jan 13, 2022

The Tennessee Supreme Court today dismissed a lawsuit brought by a Florida resident whose husband was injured in a car crash with a Tennessee Department of Transportation truck. Steven Kampmeyer filed written notice of a claim against the State with Tennessee’s Division of Claims and Risk Management, alleging the TDOT employees were negligent. The claim was not settled and was transferred to the Tennessee Claims Commission. Kampmeyer there filed a formal complaint, which included a claim by his wife for loss of consortium. The Commission dismissed Mrs. Kampmeyer’s claim because she did not give written notice within a year of the injury and the decision was upheld by the state Court of Appeals. The decision was appealed to the state Supreme Court, which affirmed the complaint’s dismissal because Mrs. Kampmeyer’s claim was not in her husband’s original written notice. Read more from the Administrative Office of the Courts.

Posted by: Kate Prince on Jan 13, 2022

Dr. J. Adam Lowe, a small businessman and conservative talk radio host, has announced his bid for the Ninth District state senate seat currently held by Sen. Mike Bell, R-Riceville, the Chattanoogan reports. Bell has announced plans to retire. Lowe is a faculty member in public policy for Lynchburg, Virginia’s Liberty University and Montreat College in Asheville, North Carolina. He was previously executive director of the Cleveland State Foundation, where he helped steward the Bradley Achieves scholarship program and helped catalyze programs in workforce development. For six years, Lowe has hosted the conservative talk radio show, “Man Up America,” for Talk 101.3 FM. He was actively involved in the promotion of the “Yes On One” ballot initiative and served as a delegate to the 2016 Republican National Convention.

Posted by: Kate Prince on Jan 13, 2022
News Type: Legal News

Tennessee Attorney General Herbert H. Slatery III today announced that Navient, one of the nation’s largest student loan providers, will pay $1.85 billion to resolve allegations of deceptive practices in originating predatory student loans. According to a coalition of 39 attorneys general, Navient steered struggling students into costly long-term forbearances despite saying it would help borrowers find the most affordable income-driven repayment options. Under the terms of the settlement, Navient will cancel the remaining balance on more than $1.7 billion in subprime private student loan balances owed by approximately 66,000 borrowers nationwide. In Tennessee, $2,861,854 will be available in restitution and $47,626,335 will be available in debt relief. The state will also receive $687,456 of the settlement. Read more from the AG’s office.

Posted by: Kate Prince on Jan 13, 2022

The U.S. Supreme Court today blocked a Biden administration policy that would require employees at larger businesses be vaccinated against the COVID-19 virus or undergo weekly testing and wear a mask, the Tennessean reports. "Although Congress has indisputably given OSHA the power to regulate occupational dangers, it has not given that agency the power to regulate public health more broadly," the court wrote. The high court let stand a second vaccine mandate for those employed at health care facilities that receive federal funding through Medicare and Medicaid. That measure will go into effect this month.

Posted by: Kate Prince on Jan 13, 2022
News Type: Legal News

The University of Tennessee has racked up more than $1 million in legal fees for its NCAA investigation into alleged recruiting violations committed by ex-football coach Jeremy Pruitt and some on his staff, the Knoxville News Sentinel reports. The university announced in November that its internal investigation, which began in November 2020, had concluded, but failed to comment further. Based on invoices provided to the Sentinel, UT has paid the firm Bond, Schoeneck & King a total of $1,077,638. The December invoice had not yet been released. Tennessee’s statement hinted at the possibility of self-imposed sanctions, which could potentially soften the blow from the NCAA if the school is found to have violated the rules. Those penalties could be scholarship reductions or recruiting limitations.


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