TBA Law Blog


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Posted by: Kate Prince on Sep 30, 2022
News Type: Legal News

Brennan Wingerter is the assistant public defender and appellate director at the Tennessee District Public Defenders Conference and she’s also the guest co-host of the September episode of the TBA BarBuzz podcast! Tune in for the latest in legal news and bar association events, plus #humblebrags on some well-deserving attorneys. BarBuzz is part of the Tennessee Bar Association Podcast Network and can be found on the TBA's website or anywhere you listen to podcasts.

Posted by: Stacey Shrader Joslin on Sep 30, 2022
News Type: Legal News

Gov. Bill Lee has sworn in Deniece Thomas as the new commissioner of the Tennessee Department of Labor and Workforce Development. Thomas, who was previously deputy commissioner, succeeds Jeff McCord, who now leads Northeast State Community College. “Deniece is a dedicated public servant who has worked tirelessly to ensure Tennesseans, businesses and our economy thrive through meaningful work opportunities,” Lee said in a release. Thomas has been at the department since 2007. She holds a master’s degree from Lipscomb University and a bachelor’s degree from the University of Alabama-Birmingham. The Nashville Post has the story.

Posted by: Stacey Shrader Joslin on Sep 30, 2022

The Arts & Business Council's Volunteer Lawyers and Professionals for the Arts is joining the law firm of Bradley Arant Boult Cummings in providing free legal services for Black-owned small businesses and nonprofits at a clinic on Oct. 20. Issues to be covered include questions about business formation, corporate governance, contract review and navigating local ordinances and state regulations. Eligible businesses may receive up to one hour of assistance but must register by Oct. 17. Clients may sign up online. To volunteer, email vlpa@abcnashville.org.

Posted by: Stacey Shrader Joslin on Sep 30, 2022
News Type: U.S. Supreme Court

The U.S. Supreme Court today held a ceremonial investiture for Ketanji Brown Jackson. She was officially sworn in on June 30 and will join the court when it opens its October session on Monday. President Joe Biden and Vice President Kamala Harris attended the event as did Belmont College of Law Dean Alberto Gonzales. Read about the ceremony in the Washington Post. During the next term, the court is expected to tackle cases dealing with free speech, affirmative action and election law. Read more about the upcoming docket in the ABA Journal.

Posted by: Stacey Shrader Joslin on Sep 30, 2022
News Type: Legal News

The 6th U.S. Circuit Court of Appeals has ruled that a federal appeals court does not have the power to order an examination of a juror’s electronic devices to determine whether an outside influence affected the verdict. The ruling came in the case of Alexander “P.G.” Sittenfeld, a former Cincinnati City Council member who was convicted of bribery and attempted extortion, the ABA Journal reports. Sittenfeld had sought a forensic examination of the electronic devices of “Juror X” after learning that she had discussed another juror in a Facebook post, and that commenters on her Facebook posts had mentioned the trial. The judge in the case denied his request and that decision was upheld by the appeals court, which said, “a court cannot order a search of a juror’s belongings — electronic or otherwise.” If a judge suspects that juror misconduct constitutes a crime, that is a matter for a prosecutor to investigate, the court said.

Posted by: Stacey Shrader Joslin on Sep 30, 2022
News Type: Upcoming

The Knoxville Bar Association will hold its Fall Memorial Service on Nov. 18 at 3 p.m. EST in the Tennessee Supreme Court Courtroom. The KBA will remember those who died recently. That group includes: Michael L. DeBusk, Myron C. Ely, Judge Andrew J. Evans Jr., Anna Carylon Fox Hinds, James J. Montague Jr., George W. Morton Jr., Linda Jean Hamilton Mowles, Judge Robert P. Murrian, James “Jim” Anthony Ridley III, Robert E. Simpson, Thomas Gary Slaughter, Judge Charles D. Susano Jr., Lynn Paula Talley, Karmen Latrice Waters and Patty Wheeler. Tennessee Supreme Court Justice Sharon G. Lee and Rev. Charles Fels will join KBA President Jason Long in honoring the lives of these individuals.

Posted by: Kate Prince on Sep 29, 2022
News Type: Legal News

The U.S. Department of Justice has come to an agreement with Memphis-based Evolve Bank & Trust to resolve allegations of lending discrimination on the basis of race, sex and national origin in the pricing of its residential mortgage loans from at least 2014 through 2019. The DOJ’s complaint against Evolve accuses the bank of engaging in practices which resulted in Black, Hispanic, and female borrowers paying more in the “discretionary pricing” components of home loans than white or male borrowers for reasons unrelated to their creditworthiness. The settlement, if approved by District Court, will require Evolve to establish a settlement fund of $1.3 million to compensate affected borrowers as well as pay a $50,000 civil penalty. The bank will also maintain policies that reduce loan officer discretion, employ a fair lending officer who will work in close consultation with the bank’s leadership and provide fair lending training to its personnel. Read more from the DOJ.

Posted by: Kate Prince on Sep 29, 2022
News Type: Legal News

The Shelby County District Attorney’s Office and the Memphis Police Department today announced plans for a Cold Case Unit that will assist law enforcement with investigating and prosecuting unsolved homicides and violent sexual assaults, the Daily Memphian reports. The unit could begin reviewing cold cases by the end of next week and hopes to review up to 200 cases each year. Once the unit is formed, MPD will share cold case files with the new unit. Assistant district attorneys general will check criteria off a checklist to determine if the case is solvable, and investigators with the DA’s Office will follow up on the case. In cases where warrants could not be served on defendants, investigators with the DA’s office will help locate defendants so they can be prosecuted.

Posted by: Kate Prince on Sep 29, 2022
News Type: Legal News

The Chattanooga Bar Association (CBA) last week celebrated a milestone anniversary during its “Cheers to 125 Years” event. Bar members met at the Gilman Event Hall on Thursday for a cocktail reception and dinner, which included special toasts from CBA Board President Lee Ann Adams, Judge Clarence Shattuck and CBA Executive Director Lynda Minks Hood. “Here’s to the Chattanooga Bar Association,” Adams toasted. “May the fire which necessitated its creation continue to ignite our passion for the law and our community and light our way forward!” The CBA has pictures from the event.    

Posted by: Kate Prince on Sep 29, 2022
News Type: U.S. Supreme Court

The Tennessee Supreme Court today declined to hear an appeal from the Davidson County Election Commission over Metro Nashville’s handling of an anti-tax referendum, the Tennessean reports. The denial ends a legal battle that began in 2020 when petition group 4 Good Government attempted to trigger a referendum vote to strike down the city’s 34% property tax increase and curb Metro’s power to increase property taxes. After that effort was struck down by a trial court, the group launched another referendum effort in 2021. It was also struck down. The commission took the case to the Tennessee Court of Appeals, which ruled the commission had acted illegally in its decision to hold the 2021 referendum. The commission voted to take the case to the Supreme Court in April. As of that time, the legal battle for both referendums had cost county taxpayers upwards of $955,000.


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