TBA Law Blog


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Posted by: Kate Prince on Aug 25, 2021

Gov. Bill Lee today signed an executive order declaring a major disaster and state of emergency for Humphreys County after deadly flooding in Middle Tennessee last weekend, the Tennessean reports. Executive Order 85 frees up state aid for residents while they repair damage caused by the flood. It gives the Humphreys School District the flexibility to implement its Continuous Learning Plan and allows qualified medical professionals and contractors licensed outside the state of Tennessee to assist in treatment and relief efforts for disaster victims. EO85 also allows state officials to waive fees for residents needing to replace driver’s licenses, motor vehicle titles and other paperwork. State-level aid will supplement federal aid approved by President Joe Biden yesterday.

Posted by: Kate Prince on Aug 25, 2021
News Type: Legal News

Nashville law firm Bone McAllester Norton PLLC today announced that it will merge with Kansas City, Missouri-based firm Spencer Fane LLP. According to the Nashville Business Journal, partners at Bone, Nashville’s sixth largest law firm with 43 attorneys, voted unanimously in favor of the merger. They will operate under the Spencer Fane brand effective Oct. 1. "It gives us a bench of practice-area expertise and breadth so that we can compete not only with anybody in Nashville, we can compete with anybody in the country," Bone President and CEO Charles Robert Bone said of the merger. “It really gives us the ability to make some deep investments that would have been a strain for us to do." After the merger, Spencer Fane will have 20 offices spread over 12 states, totaling almost 380 attorneys firmwide. Bone McAllester was founded in 1978 by Charles W. Bone, Sam McAllester and the late Mike Norton.

Posted by: Kate Prince on Aug 25, 2021

In a new opinion piece for the Tennessean, Brentwood attorney and TBA member Ed Miller writes of his recent analysis of death sentences in Tennessee since 1977 when the death penalty was reinstated. After identifying 2,838 adults convicted of first-degree murder, Miller breaks down and compares the sentences imposed on defendants convicted of murdering a single victim and those convicted of murdering multiple victims. He writes that of the 2,460 defendants with one victim, only 55 have been sentenced to death. Miller says he also identified 335 multiple-victim murderers who were sentenced to life with or without he possibility of parole—six times the number of single-murder defendants who have been sentenced to death. “This demonstrates that a death sentence is not a comparatively proportional punishment for the murder of a single victim,” Miller writes. Read the opinion piece for Miller’s full breakdown of his research.

Posted by: Kate Prince on Aug 25, 2021
News Type: Legal News

A move to cut Division II of Chattanooga City Court has been delayed by the city council, the Chattanoogan reports. Councilwoman Demetrus Coonrod prompted the delay after raising a number of issues and suggesting the focus be on City Court’s improvement and not its elimination. The councilwoman suggested moving Drug Court and Mental Health Court to the City Court. Coonrod also suggested allowing City Court to handle minor drug cases as part of an effort to keep people out of jail and "decriminalize" certain crimes such as marijuana use. Council Chairman Chip Henderson last week proposed the elimination of Division II, saying it would save taxpayers $500,000 a year and could easily be absorbed by Division I. 

Posted by: Kate Prince on Aug 25, 2021
News Type: Passages

Maurice Wexler, longtime attorney at Baker Donelson in Memphis, died Tuesday. He was 89. Wexler served in the Counterintelligence Corps of the U.S. Army during the Korean War before earning his law degree from Loyola University Chicago. He was then recruited by Lewis Donelson to return to Memphis where he would become a founding shareholder of Baker Donelson. Wexler practiced law for 55 years, concentrating on labor and employment law as well as general business litigation. A graveside funeral will be held in Memphis tomorrow at 9 a.m. CDT at Temple Israel Cemetary, 1708 Hernando Rd. The service will also be livestreamed here. Shiva will be held outdoors at the Wexler home at 6682 Monmouth Dr. in Memphis from 5 to 8 p.m. on Thursday and from 10 a.m. until noon on Friday. The family asks that all in person visitors for the service and shiva are masked and fully vaccinated. In lieu of flowers, donations may be made to the National Multiple Sclerosis Society, National Civil Rights Museum or Temple Israel General Fund.

Posted by: Kate Prince on Aug 25, 2021
News Type: Legal News

Recent Vanderbilt Law School graduate Ramon Ryan has been selected for the 2021 Fellowships at Auschwitz for the Study of Professional Ethics (FASPE) program. Ryan, who will soon join Nashville’s Bass Berry & Sims as an associate, was one of only 16 law graduates chosen for the program. FASPE engages early-career professionals and graduate students in the fields of law, business, journalism, medicine and seminary in an intensive course of study focused on contemporary ethical issues in their professions. Fellows typically participate in a two-week program in Germany and Poland, which uses the conduct of lawyers in Nazi-occupied Europe as a way to reflect on legal ethics today. Ryan was the editor-in-chief of the Vanderbilt Journal of Entertainment and Technology Law and last year authored a paper on satellites that prompted federal legislation. He is set to clerk for Judge Todd Hughes of the U.S. Court of Appeals for the Federal Circuit starting in 2023.

Posted by: Kate Prince on Aug 25, 2021
News Type: U.S. Supreme Court

The U.S. Supreme Court yesterday chose not to intervene in a lower court’s ruling that revived the “Remain in Mexico” policy, an immigration measure from former President Donald Trump’s administration, The Hill reports. President Joe Biden had sought to block the reinstatement of the policy, which requires asylum-seekers at the southern border to stay in Mexico while their applications are processed. Justice Samuel Alito wrote in the order that Biden’s administration had failed to show it was likely to ultimately prevail in defending the lawfulness of its decision to rescind the Trump measure, officially called the Migrant Protection Protocols (MPP). The program was initially reinstated by a federal judge in Texas in response to a lawsuit from the attorneys general of Texas and Missouri. That decision was later upheld by the U.S. Court of Appeals for the 5th Circuit, prompting Biden’s emergency request to the justices.

Posted by: Kate Prince on Aug 25, 2021
News Type: Wellness Wednesday

The final installment of the TBA’s video series on quick tips for attorney well-being covers stress relief. Attorneys are faced with specific stressors and licensed psychotherapist Lindsey O’Connell offers several quick and easy techniques you can use to help control your stress level. One technique O’Connell offers is sensory integration. Sit still and focus on one sense at a time—what do you hear? See? Feel? Focusing in on one sense and taking note of how you feel in the moment helps ground you in the present and resets your thoughts. Watch the short video for additional tips and make sure to catch all episodes in the series on the TBA’s YouTube page.

Posted by: Stacey Shrader Joslin on Aug 24, 2021

Court operations in Humphreys County have been disrupted by flooding over the weekend, the Administrative Office of the Courts reports. While the courthouse itself did not sustain substantial damage, phone and internet outages and road closures are impacting the court’s ability to conduct business. Servers are down in the court clerk’s office and staff cannot access email or some court data or records. The circuit court closed this week as several court staff lost family, friends or property in the floods. Dockets have been moved but Judge Suzanne Lockert-Mash will be onsite to handle emergency orders, warrants or other matters that need to be addressed. Attorneys who have business with the courts over the next few weeks should call before traveling to the courthouse.

Posted by: Stacey Shrader Joslin on Aug 24, 2021
News Type: Upcoming

The Tennessee Department of Revenue has another free tax webinar coming up next week. On Aug. 31 at 9 a.m. CDT, the department will offer an overview of services subject to sales tax in the state. Attendees also will have the opportunity to ask questions of department staff. Register here.


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