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Posted by: Stacey Shrader Joslin on Mar 15, 2021
News Type: Legal News

On the one-year anniversary of Breonna Taylor’s death, the slain woman’s family continued its call for justice as hundreds of demonstrators gathered in downtown Louisville over the weekend, the Associated Press reports. The rally came a day after Kenneth Walker, Taylor’s boyfriend, filed a federal lawsuit against the Louisville Metro Police Department, alleging his constitutional rights were violated during last year’s botched raid that resulted in Taylor’s death. WSMV has more on the suit. Walker also has filed a state lawsuit against the city and police, saying he was the victim of assault, battery, false arrest and malicious prosecution. Taylor's death led to widespread protests. The Louisville Metro Council unanimously passed "Breonna's Law" last June banning no-knock search warrants.

Posted by: Stacey Shrader Joslin on Mar 15, 2021
News Type: Legal News

NALP, a national association of legal career professionals, recently released its annual Report on Diversity at U.S. Law Firms, which shows women and people of color continued to make incremental progress in representation at major U.S. law firms in 2020, but remain underrepresented compared to other groups. The percentage of Black associates surpassed 5% for the first time since NALP began collecting data, the percentage of Black partners surpassed 2% for the first time since NALP began collecting data, and Black women finally exceeded the 2009 figure of 2.93%, increasing to 3.04%. After experiencing more than two decades of growth, the percentage of Asian associates plateaued at 12.12%, down slightly from the previous year. Women accounted for over half of all summer associates for the third year in a row. Data for non-binary lawyers was included for the first time with the report showing a steady increase, especially among summer associates.

Posted by: Stacey Shrader Joslin on Mar 15, 2021

Tennessee state officials say the investigation into Shelby County's wasted COVID-19 vaccine doses is now finished, and that no one was given a vaccine dose that had expired, the Commercial Appeal reports. Tennessee State Health Commissioner Lisa Piercey said in a statement that, "Vaccine stability remained intact for the days in question.” Last week, state investigators found data allowing them to verify the cold chain stability of the vaccine doses given. The investigation into the county’s handling of its vaccine supply was triggered after it was discovered that the local health department wasted thousands of doses.

Posted by: Suzanne Craig Robertson on Mar 15, 2021

Today the Tennessee Bar Association salutes the six women who serve and have served on the Tennessee Supreme Court: the Hon. Martha Craig Daughtrey, former Justice Penny White and former Chief Justice Janice Holder, and current justices Cornelia (Connie) Clark, Sharon G. Lee and Holly Kirby. Their early career plans were not to become lawyers — they considered teaching, nursing, accounting, and becoming a Pan Am flight attendant, according to a recent panel discussion — because they said there were few to no women lawyers to serve as examples for them at that time.

Daughtrey was the first woman to be appointed to the Supreme Court, in 1990, following a string of “firsts,” including her unprecedented appointment to the Tennessee Court of Criminal Appeals in 1975. After the high court, she served on the U.S. Court of Appeals for the 6th Circuit, where she is currently a senior judge. “Prior to Judge Daughtrey’s appointment, the perspective of approximately one half of the citizens of Tennessee was not taken into account on the Tennessee Supreme Court,” Chief Justice Bivins said at the unveiling of her portrait. “She was the trailblazer to bring the perspective there that has now become commonplace on our court.”

Justice White has served as a judge at every level of the court system in Tennessee: as the first female circuit judge in the First Judicial District, the second woman to serve on the Tennessee Court of Criminal Appeals and the Tennessee Supreme Court. She is now UTLaw’s Elvin E. Overton Distinguished Professor of Law. Justice Holder, the third woman to serve on the Tennessee Supreme Court, was the first woman to serve as chief justice, a role she held 2008 – 2010. Justice Clark was appointed to the Tennessee Supreme Court in 2005 and was elected to full eight-year terms in 2006 and 2014. She served as chief justice 2010-2012, becoming the second woman in Tennessee history to serve in that role. Justice Lee was appointed to the Tennessee Supreme Court in 2008 and retained by the voters in 2010 and 2014. She served as chief justice from 2014 to 2016. Justice Kirby was appointed in 2014, having served for almost 19 years on the Tennessee Court of Appeals.

Posted by: Stacey Shrader Joslin on Mar 15, 2021
News Type: Legal News

A new podcast episode from "Reelfoot Forward" by Discovery Park of America features retired West Tennessee lawyer Jim Emison talking about his quest for justice for the murder of Elbert Williams, a civil rights activist and founding member of the NAACP in Haywood County. In June 1940, two officers from the Brownsville Police Department took Elbert Williams to jail for questioning. His body was later found floating in the Hatchie River, making him one of the earliest members of the NAACP murdered for his civil rights work. While his death was ruled a homicide, no one was ever prosecuted. His case remained unsolved for years until the U.S. Justice Department re-opened it. But it was closed again in 2020 without prosecution or referral. Emison, who previously practiced in Crockett and Haywood counties, has written a book on Williams life titled “Elbert Williams: First To Die” and has created a website to honor Williams. Read past coverage of the Williams case from TBA Today.

Posted by: Stacey Shrader Joslin on Mar 15, 2021
News Type: Legal News

Just in time for the spring break season, the TBA Young Lawyers Division has launched a new legal guide for young adults. Just Adulting TN is a new website that offers easy to understand content about what Tennessee laws say on a wide range of issues including drinking, texting and driving, police encounters, jury duty, voting, selective service, taxes, student loans and social media responsibility. Turning 18 and being legally considered as an adult can be an exciting time in a young person’s life. But it is important to understand the rights, responsibilities and obligations that come with that new status. Check out these new resources and spread the word with the hashtag #JustAdultingTN.

Posted by: Stacey Shrader Joslin on Mar 15, 2021
News Type: TBA CLE

The always-popular Bill & Phil Show, offered this year as part of the TBA's Law Tech Forum, has been rescheduled for March 23 from noon to 1 p.m. CDT. Nashville attorney Bill Ramsey and legal technologist Phil Hampton will share a broad overview of the latest tech gadgets, apps, tools and tips for attorneys. Register for the program and be entered to win an iPad Air! Thanks to our sponsors — CASEROADS, Clio, Computer Systems Plus, Time Miner and LexReception —who made this year's forum prizes possible.

Posted by: Stacey Shrader Joslin on Mar 12, 2021

State Sen. Todd Gardenhire, R-Chattanooga, and State Rep. Tom Leatherwood, R-Arlington, have introduced legislation to make judicial and countywide elections nonpartisan in counties with populations of 500,000 or more, the Tennessee Star reports. According to the latest census estimates, only Shelby and Davidson counties would be impacted. Past attempts to make such a change have not been successful due to the opposition of elected officials in the affected counties. That has not changed. The Shelby County Board of Commissioners recently approved a resolution opposing the bill. Supporters argue the change would improve local government processes. Opponents say it is unconstitutional to single out specific counties for different treatment.

Posted by: Stacey Shrader Joslin on Mar 12, 2021
News Type: Legal News

A federal lawsuit filed by the Tennessee NAACP on behalf of five state residents argues that the state is not doing enough to clean up convoluted rules for those looking to restore voting rights. It also accuses Rutherford County of charging a $25 restoration fee per felony conviction, which the plaintiffs describe as a modern-day poll tax. In an investigative piece about the situation, the Murfreesboro Daily News Journal looks at the challenges faced by those seeking to restore their voting rights. Among its findings, the journal says voting restoration requests are managed by "aloof probation officers and county clerks, equipped with sloppy, even dysfunctional records and processes” and “requests typically end with neither approvals nor denials, a legal conundrum.” Read a reprint of the piece in the Commercial Appeal.

Posted by: Stacey Shrader Joslin on Mar 12, 2021
News Type: Legal News

The Tennessee Department of Revenue announced last week that it has released two new tax manuals: the Franchise & Excise Tax Manual and the Business Tax Manual. The department also said that other manuals have been expanded and/or reworked into a consistent format, while the Sales & Use Tax Manual is under development. Access all manuals here.


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