TBA Law Blog


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

A troubled student debt relief program for teachers, police officers and other public service workers will soon get a makeover, National Public Radio reports. According to a source familiar with the plan, the U.S. Department of Education will unveil a significant overhaul of the Public Service Loan Forgiveness (PSLF) program next week. The changes reportedly will come in two phases: (1) a temporary move using executive authority to retroactively relax  program rules to immediately help borrowers, and (2) a long-term renovation through the federal rule-making process to make the program easier to navigate.

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

The 23rd Judicial District Recovery Court announced this week that it has been re-certified by the Tennessee Department of Mental Health and Substance Abuse Services (TDMHSAS). Circuit Judge Suzanne Lockert-Mash presides over court, which serves Cheatham, Dickson, Houston, Humphreys, and Stewart counties. According to Lockert-Mash, the department follows rigorous, evidence-based national standards for recovery court programs in Tennessee. The 23rd District court has been in existence for 22 years. Lockert-Mash says recovery ourts are the “most effective justice intervention for treating drug-addicted people,” reducing drug use and crime and saving taxpayer money. Recovery courts must complete re-certification every four years.

Posted by: Stacey Shrader Joslin on Oct 1, 2021

Tennessee House Speaker Cameron Sexton, R-Crossville, said today that Republican members may sit on their hands rather than vote for a $500 million incentive package for Ford’s massive investment in West Tennessee if there is not going to be another special session on COVID-19 mandates. Gov. Bill Lee has called a special session for the week of Oct. 18 to address issues related to the Ford deal, The Tennessee Journal reports. Sexton, who has been calling for a special COVID-related session, said lawmakers may also want to consider whether businesses should be liable for workers who get sick after being required to get vaccinated.

Posted by: Stacey Shrader Joslin on Oct 1, 2021
News Type: Passages

John G. Stewart and his wife, Nancy, were asleep in the wee hours of June 17, 1972, when the phone rang with news that five men has been arrested inside his office at the Democratic National Committee headquarters where he was director of communications. At that moment he could not have known the impact of what would became known as Watergate. Prior to joining the DNC, Stewart had been deeply involved in the passage of the Civil Rights Act of 1964 as a top aide to Sen. Hubert Humphrey. Later in life, he moved to Tennessee, serving as a longtime executive for the Tennessee Valley Authority. Stewart died Wednesday at age 86 after a lengthy illness. Knoxnews.com has more on his life and career and the legacy that lives in in his son, state Rep. Mike Stewart, D-Nashville.

Posted by: Stacey Shrader Joslin on Oct 1, 2021

The U.S. Senate Judiciary Committee held a hearing on Wednesday on the U.S. Supreme Court’s so-called “shadow docket,” a term that describes the process by which the court issues emergency orders and summary decisions. Committee Chair Sen. Dick Durbin, D-IL, said in his opening statement that the shadow docket is undermining claims that the court is insulated from politics, and is being used for "more political and controversial decisions with results that appear on their face to be ideologically driven." Republicans on the committee said attacks on the court’s practices were “part of a concerted effort to intimidate and bully” the justices. The members also disagreed over the term “shadow docket” itself, the ABA Journal reports. Republicans said the term connotes something dark and scary. A law school professor called to testify before the group said the term is appropriate given the “unpredictable timing,” “lack of transparency” and “usual inscrutability” involved in these decisions.

Posted by: Stacey Shrader Joslin on Oct 1, 2021
News Type: U.S. Supreme Court

The U.S. Supreme Court yesterday agreed to hear five new cases during its October term, the Associated Press reports. Among them are a challenge to federal election law brought by Sen. Ted Cruz, R-Texas; an appeal by heirs of a German Jewish woman seeking to recover a valuable painting taken by the Nazis; and a plea by a Christian organization to have its flag displayed at Boston's City Hall. Reuters has a recap of cases the justices previously agreed to consider. Today, the court gathered for a ceremonial swearing-in for Justice Amy Coney Barrett, who was confirmed in October 2000. The ceremony had been postponed due to the pandemic. Justice Brett Kavanaugh did not attend the ceremony due to testing positive for the coronavirus, the court announced today. Currently, he is showing no symptoms of the virus and has been fully vaccinated since January.

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

The Equal Justice Initiative (EJI) is expanding its Alabama-based Legacy Museum, which focuses on the legacy of slavery in America. The museum, a companion to the group’s well-known memorial to lynching victims, opens today and includes exhibits about the eras of enslavement, lynching and Jim Crow laws, to mass incarceration and modern criminal justice issues that EJI's legal work focuses on. Bryan Stevenson, executive director of EJI and author of Just Mercy, says the goal of the museum is to teach and confront “parts of American history that are not frequently taught," an understanding he says is necessary for the country to move forward and heal. WRCB has more from the Associated Press.

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

A 25-year employee of Vanderbilt University filed suit against the university this week for discrimination and retaliation on the basis of sex and gender identity and disability, Tennessee Lookout reports. Olivia Ruth Hill claims the university violated Title VII of the 1964 Civil Rights Act, the Americans with Disabilities Act and the Tennessee Human Rights Act. After Hill began transitioning from male to female, her boss allegedly described her as a "trans freak” and used other slurs. Following gender-affirming surgery in 2019, the suit alleges the harassment increased, including hostile and inappropriate comments from coworkers. Hill says she reported the incidents to her superiors but no actions were taken to reprimand the workers engaging in the behavior. Hill was placed on administrative leave in December 2019 and remains on leave today.

Posted by: Stacey Shrader Joslin on Oct 1, 2021

The Legal Aid Society of Middle Tennessee and the Cumberlands will hold three clinics next week. On Tuesday, the group will hold a phone clinic at 2 p.m. CDT to provide general advice. The first 15 callers will be accepted. On Wednesday, LAS will hold a clinic specifically for veterans from 11 a.m. to 1 p.m. CDT at Operation Stand Down, 1125 12th Ave. S. Nashville 37203. Finally, next Saturday, a general advice clinic will be held from 8:30-10:30 a.m. CDT at the McHugh Clinic, 2005 12th Ave. S., Nashville, TN 37204. To volunteer for any of these clinics, contact Kendra Cheek, 615-780-7131. See all October clinics.

Posted by: Stacey Shrader Joslin on Oct 1, 2021
News Type: TBA CLE

Make plans now to attend the TBA’s annual Health Law Primer and Forum being offered virtually this year. The Primer, which will run from noon to 4:30 p.m. CDT on Oct. 20, will provide an introduction to health law practice, including an overview of Tennessee law, fraud and abuse fundamentals, licensing and contracting. Then on Oct. 21-22, the annual Health Law Forum will provide a deeper dive into transactions, fraud and abuse, physician discipline, claims coding, HIPAA, recent state court cases, and lessons learned during the COVID-19 pandemic. That program provides 15 hours of CLE credit.


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