TBA Law Blog


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Posted by: Stacey Shrader Joslin on Sep 9, 2021
News Type: U.S. Supreme Court

The U.S. Supreme Court will hear oral arguments in person for the first time since the COVID-19 pandemic when it begins its new session in October. In a statement released yesterday, the court said that oral arguments scheduled for October, November and December will be heard in the courtroom. Courtroom access will be limited to the justices, essential court personnel, counsel in the scheduled cases and journalists. The sessions will not be open to the public but the court plans to provide a live audio feed of the proceedings. The court building remains open for official business but closed to the public.

Posted by: Stacey Shrader Joslin on Sep 9, 2021
News Type: TBA CLE, Upcoming

The TBA invites lawyers to join a roundtable discussion on Sept. 21 from noon to 1 p.m. CDT to learn more about hybrid law firms, which combine elements of working in-person at the office and remotely from home or elsewhere. In 2020, many firms transitioned to fully remote law practices. Now, as businesses reopen their traditional offices, it’s worth asking: how should remote work shape the future of legal practice? Join Nefra MacDonald, affinity partnerships manager at Clio, as she talks about the hybrid law firm model including the advantages it offers and the important considerations to keep in mind when implementing a hybrid system. The event is free for TBA Members. CLE credit is available for a $45 fee. Please contact TBA Education Director Jennifer Vossler to request CLE credit.

Posted by: Kate Prince on Sep 8, 2021

U.S. District Judge Ronnie Greer in Knoxville has denied the request for a temporary restraining order against Gov. Bill Lee’s Executive Order 84, which allows parents to opt out of school mask mandates, the Associated Press reports. The parents of three Knox County Schools students filed suit against Lee’s order last week. Greer ruled that the plaintiffs didn’t file an affidavit or verified complaint, so they “have not demonstrated that they would suffer immediate and irreparable injury or loss.” A hearing is set for next week to address the lawsuit’s request to block the executive order and require a mask mandate in Knox County Schools, where officials have voted against instituting one. Greer's ruling is at odds with a similar case in Shelby County, where a federal judge in Memphis last week temporarily blocked Lee's order after a suit was filed by the parents of children with health problems.

Posted by: Kate Prince on Sep 8, 2021
News Type: Legal News

Events were held today in Knoxville, Memphis, Murfreesboro and Nashville marking the one-year anniversary of weekly rallies calling for justice for Pervis Payne, Main Street Nashville reports. Payne has been on death row for more than 30 years for the 1987 murder of a Shelby County resident and her daughter. Gov. Bill Lee delayed Payne’s execution last year, but the reprieve expired in April. Payne’s attorney and federal public defender, Kelley Henry, says the state Supreme Court could reset Payne’s execution date at any time. She pointed out that a law signed by Lee earlier this year gives those with intellectual disabilities the chance to appeal their death sentences and said Payne was in the process of appealing. According to the Innocence Project, Payne has an IQ score between 68 and 72, and the reading and writing skills of a child. Henry said a hearing is set for Dec. 13.

Posted by: Kate Prince on Sep 8, 2021
News Type: Election 2022

Memphis City Council member and attorney JB Smiley Jr. formally announced today that he will run for the Democratic nomination for governor, the Daily Memphian reports. Smiley kicked off his campaign in the lobby of the Orpheum theater where he touted a campaign plan he says is different from past Democratic statewide campaigns. “We need to talk about education. We need to talk about how we are going to expand Medicaid,” Smiley said. “We need to talk about what we are going to do with this infrastructure. … We need broadband access.” Other contenders in the Democratic primary include Nashville physician Dr. Jason Martin, North Memphis activist Carnita Atwater and Casey Nicholson of Greeneville. Smiley opened Smiley & Associates in 2017.

Posted by: Kate Prince on Sep 8, 2021
News Type: Legal News

Immigrants rights group Allies of Knoxville's Immigrant Neighbors (AKIN) is urging the Department of Homeland Security to end a program that allows the Knox County Sheriff’s Office to detain immigrants, the Knoxville News Sentinel reports. The 287(g) program allows Knox County deputies federal authority to conduct immigration screenings and to detain immigrants who entered the country without proper documents. AKIN says the former sheriff who applied for the program in 2017 was not authorized to do so and is considering filing a federal civil rights complaint if the program is not brought to an end.

Posted by: Kate Prince on Sep 8, 2021

Participants and team members from the 23rd Judicial District Drug Court helped those impacted by the deadly flooding in Waverly last month. The group was among the first volunteers to help clear the roads of debris, removing furniture and appliances from destroyed homes and helping victims salvage any belongings they could find. Humphreys County Circuit Court Clerk Edie Stainforth reported that several drug court participants sifted through the mud to find a small box containing sentimental jewelry. Another homeowner reported that the drug court crew recovered a family photo album. The 23rd Judicial District Drug Court Program was established 22 years ago. Those accepted into the program are sent to in-patient treatment for at least 28 days and afterwards live in one of the program’s Sober Living Houses. “Public service is a vital part of our recovery program,” said Drug Court Director Kevin Batts. Read more from the Administrative Office of the Courts.

Posted by: Kate Prince on Sep 8, 2021

The Board of Judicial Conduct yesterday issued a 30-day suspension for Lewis County General Sessions and Juvenile Judge Michael Hinson. An investigative panel of the board authorized a full investigation into Hinson’s conduct after it was reported that he had made comments during legal proceedings that were perceived as disparaging and derogatory. As a result of the investigation, the panel suspended Hinson for 30 days and ordered that he complete, at his own expense, a judicial ethics program from the National Center of State Courts that addresses demeanor from the bench. He is to provide disciplinary counsel with a certificate of completion. Hinson’s suspension will run from Oct. 2 until Oct. 31, during which time he is prohibited from exercising any judicial power or authority. Read the full order from the Administrative Office of the Courts.

Posted by: Kate Prince on Sep 8, 2021
News Type: Legal News

The Appeals Board of the Tennessee Court of Workers’ Compensation Claims will hold virtual oral arguments in two cases on Sept. 28 at 9 a.m. CDT. The first case, Cody v. G.UB.MK Constructors, deals with exposure to coal ash and when an occupational disease claim is ripe. Philalom v. State Farm will be heard immediately after and will debate the extent of attorney-client privilege. Members of the public are invited to observe the arguments. Links for both cases can be found in the court docket.

Posted by: Kate Prince on Sep 8, 2021
News Type: Wellness Wednesday

Olympic gymnast Simone Biles earlier this year highlighted the ongoing stigma around mental health and disclosure when she stepped back from the Olympics to focus on her own well-being. A recent article from the Harvard Business Review asks an important question: As a manager, how can you prepare yourself for these conversations with your employees? Or, what can you do if you’re the one personally struggling with mental health at work? To help navigate those questions, the article gives a list of book recommendations for individuals and managers. Find all the suggested reading here.


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