TBA Law Blog


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Posted by: Stacey Shrader Joslin on Nov 1, 2021
News Type: Upcoming

The Knoxville Bar Association Annual Membership Meeting will be held Dec. 10 at 8:30 a.m. EST at the Main Assembly Room of the City County Building. Masks will be required. A virtual option will be available for those who wish to participate via Zoom. At the end of the meeting, Jason H. Long will be sworn in as KBA president; Loretta G. Cravens will take office as president-elect; Catherine E. Shuck will be treasurer; and Carlos A. Yunsan will be named secretary. Learn who is running for four seats on the Board of Governors, get information on absentee voting, and see a proposed bylaws change on the event webpage. Call the KBA Office at 865-522-6522 with any questions.

Posted by: Stacey Shrader Joslin on Nov 1, 2021
News Type: Legal News

A Davidson County Chancery Court has ruled that the remains of Judge John Haywood, known as the Father of Tennessee History, may be moved to the Nashville City Cemetery. Haywood, who died in 1826, is currently buried in “South Nashville somewhere in a patch of grass between a gas station dumpster and a Baptist church,” Mainstreet Nashville reports. Haywood, a former Tennessee Supreme Court justice, was buried next to his wife in 1826 at his home in South Nashville. In 1879, a resolution was adopted to place a monument at the family cemetery but it was never erected. A marker pointing to the gravesite was finally placed on adjacent property. The Tennessee State Museum plans to excavate the area to find the remains, verify their authenticity and move them to the city cemetery.

Posted by: Stacey Shrader Joslin on Nov 1, 2021
News Type: Legal News

In the ongoing copyright lawsuit against ROSS Intelligence, Thomson Reuters has now subpoenaed documents from legal research and publishing company Fastcase and Morae Global Corporation, a company that provides legal and compliance solutions to legal departments and law firms. The subpoenas request documents relating to the companies' relationship with ROSS or LegalEase, the company that Thomson Reuters says helped Ross steal content from its legal research product Westlaw. Read more about the suit from Bob Ambrogi’s Law Sites Blog.

Posted by: Stacey Shrader Joslin on Nov 1, 2021
News Type: Legal News

The National Jurist’s preLaw Magazine is out with its list of the top 25 “best value” law schools in the country. The only Tennessee school to make the list, the University of Tennessee College of Law, ranks sixth. The ranking takes into account a law school’s tuition, cost of living expenses, average indebtedness upon graduation, percentage of graduates who get a job after graduation, and bar passage rates. Above the Law has the full list.

Posted by: Stacey Shrader Joslin on Nov 1, 2021
News Type: Legal News

The city of Memphis has tasked a private law firm to investigate the Office of Business Diversity and Compliance following the departure of its former director, Joann Massey, according to the Commercial Appeal. Burch, Porter & Johnson reportedly interviewed employees about the department's operations and work environment in September following reports of personnel upheaval and the resignation of several employees. Massey was placed on administrative leave in late summer due to the accusations. She left the position on Sept. 24 to pursue other opportunities with her consulting firm Lewis Massey & Associates.

Posted by: Stacey Shrader Joslin on Nov 1, 2021

Following five hours of late-night deliberations between the two legislative chambers, Tennessee lawmakers adjourned at 1:34 a.m. Saturday after passing a series of measures significantly limiting COVID-19 restrictions by businesses, schools, local health departments, and even the governor. Debate over the comprehensive package split along party lines — with advocates touting individual liberty and opponents voicing concerns of state government overreach, the Tennessean reports. Among its provisions, the legislation:

  • Bars government entities and public schools from requiring masks unless COVID-19 cases hit a certain threshold. In those cases, schools must seek approval for a maximum 14-day mandate. Exceptions are provided for private schools and correctional facilities.
  • Prohibits government entities, public schools and many private businesses from mandating vaccines or proof of vaccination. Entertainment venues may require a negative COVID-19 test or proof of antibodies.
  • Provides other exceptions for vaccine and mask mandates for public universities, federal contractors, airport authorities, health care providers and long-term care facilities if they would lose federal funding without mandates in place.
  • Gives the governor exclusive power to issue executive orders and direct health departments during a pandemic, and gives the state health commissioner exclusive power to issue quarantine guidelines.
  • Allows for partisan school board elections.
  • Allows the attorney general to ask the Tennessee Supreme Court to temporarily appoint a prosecutor to replace a district attorney general who peremptorily and categorically refuses to prosecute all instances of a criminal offense without regard to facts or circumstances.

The governor has not indicated whether he will sign all of the bills that passed, but in a Tweet he praised lawmakers "for working to address the Biden Administration's overreach into our state," WPLN reports.

Posted by: Stacey Shrader Joslin on Nov 1, 2021

The Knoxville Bar Association and its Bankruptcy Section, in partnership with Legal Aid of East Tennessee and U.S. Bankruptcy Judge Suzanne H. Bauknight, will hold a Pro Bono Debt Relief Clinic on Saturday from 9 a.m. to noon EDT. The event will take place at the Knox County Public Defender's Community Law Office. Judge Bauknight will present a short overview of the bankruptcy system and other solutions for clients before volunteer lawyers meet with them to discuss their options.

Posted by: Stacey Shrader Joslin on Nov 1, 2021

The Memphis Bar Association and its Access to Justice Committee will host a virtual legal advice clinic on Friday from 1 to 3 p.m. CDT. Clients must register online at 901legalconnect.org. The virtual clinic is sponsored by Burch, Porter & Johnson in collaboration with the Tennessee Valley Authority’s Office of General Counsel, the Community Legal Center and Memphis Area Legal Services.

Posted by: Suzanne Craig Robertson on Nov 1, 2021

"Want to build a better firm?" A simple question asked by the November-December Tennessee Bar Journal, and of course the short answer is yes! But how? Answer: "Build a culture of well-being." The issue is devoted to showing you how to do this, and how improving your health will help your practice. Conceived and created by members of the TBA's Attorney Well-Being Committee, the issue covers how your skills can help with caregiving, handling holiday stress, the importance of sleep, liability insurance and more. TBA President Sherie Edwards co-writes her column this month with her daughter, Victoria Cundiff, in which they open up about their journey. "As I’ve stated before, one of the main initiatives of my bar year is to shine a light on mental health, especially destigmatizing seeking help for mental health disorders," Edwards writes. "My reason for this focus is both professional and intensely personal."

Posted by: Kate Prince on Oct 29, 2021

Legislators were expected to vote today on a measure that would allow the attorney general to temporarily replace local district attorneys on cases they refuse to prosecute, the Tennessean reports. The bill, sponsored by House Speaker Cameron Sexton, R-Crossville, advanced in the Senate and House yesterday. The new bill would allow the attorney general to ask the court to install a temporary prosecutor to handle all cases charged under an offense that a district attorney “peremptorily and categorically” announced they would not prosecute. The court would still retain the authority to decide whether the circumstances merited the district attorney pro tem. Supporters of the bill said it is aimed at prosecutors "taking a rogue approach on multiple issues and refusing to uphold their oath of office.” Rep. London Lamar, D-Memphis, opposed the measure. “This is muddying the water on the separation of powers just because we don’t like the court’s decisions and the way they let their district attorneys operate,” she said.


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