TBA Law Blog


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Posted by: Kate Prince on Jun 3, 2021
News Type: Upcoming

The League of Women Voters of Tennessee will host a free webinar on redistricting featuring University of Memphis School of Law Professor Steven Mulroy. The Great Unskewing: The Law and Politics of Redistricting will feature Mulroy discussing the federal and state law requirements regarding redistricting as well as arguments for nonpartisan redistricting commissions as discussed in his book, “Rethinking U.S. Election Law: Unskewing the System.” The program will take place on June 9 from 11 a.m. until noon CDT.

Posted by: Kate Prince on Jun 3, 2021
News Type: Legal News

The full U.S. 6th Circuit Court of Appeals yesterday heard arguments over whether Tennessee’s 48-hour waiting period  is a substantial burden to women seeking abortions, the Associated Press reports. U.S. District Judge Bernard Freidman struck down the requirement in October, ruling that the delays caused by the waiting period pushed some women past the cutoff date for medication abortions, forcing them to opt for a riskier surgical abortion. The state Attorney General’s office argued that because women can still obtain abortions and because the number of abortions in the state only slightly declined, the law isn’t a substantial burden. A three-judge panel in February denied the state’s request to reinstate the law while it appealed Freidman’s decision, but that ruling was overruled in April by the full court.

Posted by: Kate Prince on Jun 3, 2021

The Tennessee Supreme Court today heard arguments in the fight over Gov. Bill Lee’s controversial school voucher program, the Tennessean reports. A Nashville judge ruled in 2020 that the program violated “home rule” provisions of the state's constitution because it only applied to Davidson and Shelby counties. The court deemed it unconstitutional and the Tennessee Court of Appeals later affirmed that decision. Arguing before the state’s high court today, Metro Director of Law Bob Cooper called the law an “unfunded mandate” from the state. Solicitor General Andrée Blumstein argued that limiting the program to two counties was the state’s attempt at creating a pilot program that, if successful, could expand to more counties. The legislation originally applied to five counties, but as lawmakers debated the program, that number was slowly “whittled down” to two. The measure passed by one vote from a Knoxville representative, who only agreed to switch his vote once Knox County was removed from the program. The FBI is reportedly investigating whether bribery was used to pass the measure. The justices did not indicate when they might rule on the matter.

Posted by: Kate Prince on Jun 3, 2021

The Tennessee Supreme Court yesterday determined that the statute that limits noneconomic damages in personal injury cases to $750,000 applies to all claims asserted in the action. Yesterday’s ruling stems from a case in which a trial court applied the statutory cap separately to two plaintiffs in the same healthcare liability action. That decision was later affirmed by the Court of Appeals. Justices Sharon G. Lee and Cornelia A. Clark dissented, stating that the cap on noneconomic damages, however it is applied, is unconstitutional. The Administrative Office of the Courts has more on the case.  

Posted by: Kate Prince on Jun 3, 2021

Vice president of the TBA’s Young Lawyers Division and Chattanooga attorney Brittany Faith is being recognized by the American Immigration Lawyers Association (AILA) with the 2021 Joseph Minsky Young Lawyer Award. Faith was chosen for the award based on her outstanding contributions to the immigration and nationality law practice areas. Faith leads the Immigration Practice Group at Chattanooga law firm Grant Konvalinka & Harrison PC, where she helps clients from across the world with their immigration needs. Faith will assume the role of president-elect for the TBA YLD this month, before leading the division as president in 2022-2023. Read more about Faith’s accomplishments in immigration law on AILA’s website.

Posted by: Kate Prince on Jun 3, 2021
News Type: TBA CLE

If you missed the TBA Labor & Employment Law Section’s annual forum, it is now available in just 1-Click. This bundle of sessions from the forum includes a case law update, a discussion on what the first 100 days under the Biden administration looked like for the practice area, a discussion on controversial topics ranging from court-packing to kneeling and much more. This package is worth two dual and three general CLE credits and can be purchased on the TBA CLE website.

Posted by: Kate Prince on Jun 3, 2021
News Type: Legal News, Your Career

Applicants are now being accepted to fill the chancery court seat in the 26th Judicial District, a vacancy that was created by the retirement of Judge James F. Butler. The 26th Judicial District includes Chester, Henderson and Madison counties. Applicants must be at least 30 years old, residents of the state for five years and current residents of the 26th Judicial District. Those interested should submit the Trial Court Vacancy Commission Application and send it to the Administrative Office of the Courts by noon CDT on June 17. The commission will consider all applicants at a hearing on July 21 at 9 a.m. CDT. The AOC’s website has more on the vacancy.  

Posted by: Barry Kolar on Jun 3, 2021

Major General Albert Harvey will be honored this month with the Judge Pamela L. Reeves Tennessee Professionalism Award from the Tennessee Bar Association (TBA) and Tennessee’s American Inns of Court. The award was recently renamed in honor of the late Judge Reeves, who was also the first recipient of the award in 2020. It will be presented during the Lawyers Luncheon at the TBA Annual Convention in Memphis. Harvey was chosen for his decades of leadership and service to the legal profession. He is a past president of both the Tennessee and Memphis Bar Associations and is the immediate past chair of the American Bar Association’s Senior Lawyers Division. Prior to his legal career Harvey was active duty in the United States Marines. He recently retired from the Marine Corps Reserve with the rank of Major General. He is respected by his peers at the local, state and national levels and unquestionably displays the character and integrity required for this award.

Posted by: Kate Prince on Jun 3, 2021
News Type: Legal News

The TBA welcomed newly licensed attorneys this morning at a virtual New Lawyer Q&A session. During the program, TBA YLD outgoing President Terica Smith, incoming YLD President Billy Leslie, YLD member Zack Smith and TBA staff fielded questions on TBA programs, CLE requirements, what the job market looks like for new admittees and more. Ceremonies to swear in all those who passed the February 2021 bar exam will be held on June 10 at 9:30 a.m., 11:30 a.m. and 2 p.m. CDT and on June 11 at 11 a.m. and 2 p.m. CDT.  

Posted by: Joycelyn Stevenson on Jun 2, 2021
News Type: Legal News

In 2020, Tennessee’s American Inns of Court and the Tennessee Bar Association partnered to create the Tennessee Professionalism Award to recognize and honor legal professionals who exemplify the qualities of civility, professionalism and excellence. The award is given annually and is presented at the TBA’s Annual Meeting. The inaugural award was presented to Chief Judge Pamela L. Reeves of the U.S. District Court for the Eastern District of Tennessee. Judge Reeves, who died in September, was an active and contributing leader of both the Tennessee Bar Association and the American Inns of Court on the local and national levels. In recognition of Judge Reeves’ extraordinary contributions to the bench and bar in Tennessee, the Tennessee Bar Association and Tennessee’s American Inns of Court have renamed the Tennessee Professionalism Award the “Judge Pamela L. Reeves Tennessee Professionalism Award.” The TBA will be releasing the names of all award winners prior to the upcoming Convention and Annual Meeting in Memphis.


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