TBA Law Blog


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Posted by: Kate Prince on Sep 28, 2021
News Type: Legal News

The Tennessee Attorney General is warning consumers about recruitment schemes being offered by various Bitcoin websites. The Division of Consumer Affairs (DCA) say the complaints coincide with an uptick in companies claiming to use artificial intelligence and Bitcoin to maximize returns on investment. These companies offer money for every additional investor you recruit. Tips on avoiding the pyramid scheme and how to report complaints can be found on the AG’s website. Additionally, the AG’s podcast, “Making the Case,” has a corresponding episode on the consumer warning.

Posted by: Kate Prince on Sep 28, 2021
News Type: Legal News

The Tennessee Bureau of Investigation’s Statistical Analysis Center today released two new reports on hate crimes and crimes against law enforcement officers, the Chattanoogan reports. “Tennessee Hate Crime 2020” reports that while bias-motivated offenses increased from 113 to 118 in 2020, the number is down from 2018 when 168 cases were reported. The report “Law Enforcement Officers Killed or Assaulted 2020” shows a 4.3% decline from 2019 to 2020, with simple assault being the highest reported offense in the category at 1,293 incidents in 2020. There were zero murders reported in the category. Both reports can be found on the TBI’s website.

Posted by: Kate Prince on Sep 28, 2021
News Type: Legal News

A Nashville judge has ruled that a new law will require the state parole board to move up parole hearings for eligible defendants, the Tennessean reports. Davidson County Chancellor Anne C. Martin ruled in favor of defendant Jeffrey Wayne Hughes who, despite being eligible for review with a fall release date, was not scheduled to appear before the board until next summer. The board of parole had resisted moving up Hughes’ hearing date because of their interpretation of the new Re-Entry Success Act of 2021, which they felt let them wait until the next scheduled hearing to reassess his status. Under the new act, eligible defendants have a presumption of parole release unless “good cause” is shown for why they must remain incarcerated. The board argued that this interpretation of the law could overwhelm their system and tax limited resources. In her order, Martin called that argument “inconsistent with all principles of due process” and the state’s obligation to follow the law.

Posted by: Kate Prince on Sep 28, 2021

Tennessee Supreme Court Justice Cornelia “Connie” Clark will tomorrow become the first active member of the judiciary to lie in state at the Tennessee State Capitol. Clark will also become only the second woman to lie in state, following the late Sen. Thelma Harper, who died in April. Only three Tennesseans have been provided with the honor in the past 88 years. Clark, a member of the judicial branch for more than 30 years, died Sept. 24 after a short battle with cancer. She will lie in state tomorrow from 10 a.m. until 2 p.m. CDT. Read more on this story from the Administrative Office of the Courts.

Posted by: Suzanne Craig Robertson & Kate Prince on Sep 28, 2021
News Type: TBA CLE

Whether it’s fictional lawyers in film or real lawyers who represent celebrities, a ton of these characters have committed ethical violations. Join "the CLE Performer" Stuart Teicher as he explores the misdeeds of the real and fake lawyers of Hollywood. "The Bad Lawyers of Hollywood: An Ethics Program," a webcast, will premiere on Thursday from noon until 1 p.m. CDT. 

Posted by: Stacey Shrader Joslin on Sep 27, 2021
News Type: Legal News

Tennessee Court of Workers' Compensation Claims Judge Robert Durham recently announced that the court’s offices in Cookeville are moving to the Putnam County Courthouse, 300 E. Spring St., Third Floor, Cookeville, TN 38501. Durham will begin conducting hearings in the new location every Tuesday beginning in October. Settlements will continue to be handled virtually.

Posted by: Stacey Shrader Joslin on Sep 27, 2021
News Type: Legal News

A federal judge in Kentucky has ruled in favor of Tennessee Attorney General Herbert H. Slatery III and Kentucky Attorney General Daniel Cameron in their lawsuit to stop the Biden administration from enforcing a provision of the American Rescue Plan Act that prohibits states from cutting taxes. The act, passed by Congress and signed into law in March, includes $200 billion for state governments to provide COVID-19 relief. As a condition of receiving the aid, the act requires states to abstain from lowering taxes for four years. The attorneys general argued that the provision was unconstitutional. The judge agreed, saying that federal efforts to “unduly influence” states’ power to set tax policies threatens “the dual nature of our federalist system” and “individual liberties.” Read more in a press release.

Posted by: Stacey Shrader Joslin on Sep 27, 2021
News Type: Legal News, Upcoming

The National Bar Association announced today that it will present U.S. 6th Circuit Court of Appeals Judge Bernice Donald with its Lifetime Achievement Award next month during the its annual Wiley Branton Symposium. The award ceremony will take place Oct. 14. Other awards will recognize visionary leadership, rising stars and unsung heroes. See the full list of award recipients.

Posted by: Stacey Shrader Joslin on Sep 27, 2021
News Type: Legal News

Davidson County Circuit Court Clerk Richard Rooker informed county officials today that he will not seek re-election, the Nashville Post reports. Rooker was first appointed to the job in 1993 and went on to serve seven more four-year terms. He succeeded his father George Rooker. Together, the pair held the office for 54 years. Rooker's chief deputy, Joseph Day, is running for the post and Rooker said he endorses Day's candidacy "100 percent." He also told the Post that the decision to retire was "bittersweet" but it was time "to move on."

Posted by: Stacey Shrader Joslin on Sep 27, 2021

A third federal judge has ruled that Gov. Bill Lee may not enforce an order requiring schools to offer parents an opt-out of mask mandates, the Tennessean reports. The decision from U.S. District Judge Waverly D. Crenshaw Jr. means that Williamson County and Franklin Special schools will be able to enforce mask mandates. The decision mirrors those by judges in Shelby and Knox counties. Lee's order is set to expire at 11:59 p.m. on Oct. 5. On Friday, the governor said he has not yet decided whether to renew it. This afternoon, Attorney General Herbert H. Slatery III announced that he has appealed and will seek a stay of the court decisions in Shelby and Knox counties. Slatery said the court orders impede the governor’s executive authority to direct the state’s public health response during an emergency.


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