TBA Law Blog


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Posted by: Stacey Shrader Joslin on Apr 16, 2021
News Type: Upcoming

The Knoxville Bar Association will hold its Spring Memorial Service virtually on May 14 at noon EDT. The event will take place via Zoom but reservations are required. Register here. On May 27, the Nashville Bar Association will hold its Spring Memorial Service at 11 a.m. CDT. Get details about the event and see the list of those to be honored. Memorial services provide the legal communities the opportunity to reflect on the lives and careers of local attorneys who have died in the last year.

Posted by: Stacey Shrader Joslin on Apr 16, 2021
News Type: Legal News

The Tennessee Bureau of Investigation has acknowledged that more than 76,000 DNA samples dating back to 1998 are missing from the state DNA database, Tennessee Lookout reports. In addition, the TBI estimates that the failure to collect DNA is ongoing. TBI Director David Rausch called the situation “very concerning” and offered several possible reasons for the oversight including confusion among law enforcement as to when swabs are to be taken. The failure to collect samples obviously has ramifications for solving crimes but also could hinder the state’s efforts to process backlogged rape kits. Ilse Knecht with the Joyful Heart Foundation, which has worked to end the backlog in rape kit testing nationally and in Tennessee, said the missing samples “is a massive breakdown in the system.”

Posted by: Stacey Shrader Joslin on Apr 16, 2021

A group of Fortune 1000 general counsel and over 40 law firms yesterday announced creation of The Alliance for Asian American Justice, a national pro bono initiative committed to standing up for victims and preventing future acts of anti-Asian hate. According to the founders, the alliance will coordinate pro bono resources on behalf of victims of anti-Asian violence and provide other resources such as social services and other community support. Lawyers of Asian descent as well as non-Asian allies are invited to join the effort. The National Asian Pacific American Bar Association, Asian American Legal Defense and Education Fund, Asian Americans Advancing Justice, and other frontline legal and community organizations will perform initial intake with victims and then refer cases to the alliance. Those with a complaint should report it to the Asian American Legal Defense and Education Fund at StopTheHate@aaldef.org or on the Asian Americans Advancing Justice website. For more information, email the alliance.

Posted by: Stacey Shrader Joslin on Apr 16, 2021
News Type: Legal News

In an unusual move, the full U.S. 6th Circuit Court of Appeals will consider the constitutionality of a Tennessee abortion law without an initial ruling by a three-judge panel, the ABA Journal reports. The court granted en banc review of the law, which requires a 48-hour waiting period before an abortion, after a federal judge struck down the law and a three-judge panel of the appeals court refused to stay the judge’s ruling. Judges who served on that panel are criticizing the decision saying it “tarnishes this court’s reputation for impartiality and independence.” The Federal Rules of Appellate Procedure allow an appeals court to bypass a three-judge panel but it is rarely done, says South Texas College of Law professor Josh Blackman. In other news, the en banc court has refused to block an Ohio law that bans doctors from providing abortions when they know a woman is seeking the abortion because of a fetal Down syndrome diagnosis. The Journal has that story as well.

Posted by: Kate Prince on Apr 16, 2021
News Type: Legal News

Legal Aid of Middle Tennessee and the Cumberlands Cookeville attorney Rachel Moses guest stars on the latest episode of the TBA’s Member Spotlight Series. Moses talks with TBA President Michelle Greenway Sellers about the barriers some Tennesseans face when seeking legal help, her extensive resume of bar and civil service, advice to young attorneys and more. Watch the latest interview or catch up on previous episodes of the Member Spotlight Series on the TBA’s website or YouTube page.

Posted by: Stacey Shrader Joslin on Apr 16, 2021

Legal Aid Society of Middle Tennessee & the Cumberlands will hold three phone clinics next week for members of the public with questions about housing and renters’ rights, bankruptcy, medical bills, debt collection, domestic violence, SNAP benefits and unemployment benefits. Clinics are Tuesday from 3 to 4 p.m., Wednesday from 11 a.m. to 1 p.m. and Saturday from 8:30 to 10:30 a.m. All times central. To help answer questions, contact Andrae Crismon or Kendra Cheek or call 615-780-7131.

Posted by: Stacey Shrader Joslin on Apr 16, 2021
News Type: TBA CLE

The TBA Intellectual Property Section held the first installment of its two-day virtual Annual Forum yesterday. Day two kicks off on April 22 with sessions on copyright protection for utilitarian works, trademark updates for 2021 and non-fungible crypto tokens. Programming will run from 12:45 to 4 p.m. with a virtual happy hour at 4 p.m. CDT. Register here.

Posted by: Kate Prince on Apr 15, 2021

The Tennessee Supreme Court Access to Justice Commission kicked off its #Help4TNMonth celebration earlier in April to provide civil legal services to communities in need. This year’s theme is “Uniting Communities in Need” and is aimed at helping Tennesseans who continue to struggle with legal issues related to the COVID-19 pandemic. The ATJ Commission has assembled a team of over 65 professionals to develop resources and create and promote pro bono service opportunities. The #Help4TNMonth website has information on events that are occurring throughout the month. Attorneys may also volunteer to help clients remotely through TN Free Legal Answers, an online platform that allows those who qualify to email a legal question to a lawyer, who responds with free legal advice. The Administrative Office of the Courts has more on how you can get involved in honor of #Help4TNMonth.   

Posted by: Suzanne Craig Robertson on Apr 15, 2021

In the upcoming issue of the Tennessee Bar Journal, Edward Phillips and Brandon Morrow write about the American Rescue Plan Act of 2021 (ARPA), the $1.9 trillion economic stimulus package signed by President Biden on March 11. Their new column about it, "The Law at Work," won't be out in print until May 1, but the information is so timely it was published three weeks early, in TBJ Select. The Act includes two major provisions likely to have an impact on employers (and employees). First, employer-sponsored health insurance plans must offer 100% subsidized COBRA continuation coverage for the period April 1, 2021 through Sept. 30, 2021, for “assistance eligible individuals.” Second, while ARPA does not extend the paid leave mandate found in the Families First Coronavirus Relief Act (FFCRA), it does extend the availability of payroll tax credits to those employers who voluntarily provide paid leave for COVID-19-related scenarios. Here are the details.

Posted by: Kate Prince on Apr 15, 2021
News Type: Your Career

Brewer, Krause, Brooks & Chastain PLLC of Nashville has an immediate opening for a licensed Tennessee attorney with at least two years of litigation experience. The position would handle depositions, hearings and trials, along with the discovery and pleading practice. Applicants must have a strong academic record and excellent research and writing skills. Salary commensurate with experience. Send résumé, writing sample and cover letter to Parks T. Chastain or by mail to Brewer, Krause, Brooks & Chastain PLLC, 545 Mainstream Drive, Suite 101, Nashville, TN, 37228.


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