TBA Law Blog


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Posted by: Azya Thornton on Oct 21, 2024
News Type: Legal News

Middle Tennessee residents are joining environmental groups in calling for stronger state protections for the Duck River, one of the most biodiverse freshwater rivers in North America, Tennessee Lookout reports. The Southern Environmental Law Center is representing the Tennessee Wildlife Federation in an appeal against several state permits including one that would allow Columbia Power and Water Systems to develop a second water withdrawal site without additional restrictions during low water flows. Opponents of the permits argue that two factors — drought and utility companies’ plans to withdraw millions more gallons of water from the river to keep up with development and growth — are putting the river and the species that call it home in peril. The Duck River Conservancy, a preservation advocacy group, is advocating for a comprehensive water conservation and drought management plan for the region.

Posted by: Azya Thornton on Oct 21, 2024
News Type: Legal News

Despite the blockbuster job market for new law graduates in 2023, racial and ethnicity disparities in employment rates remained, according to recent data released by the National Association for Law Placement. Disparities were seen in legal jobs that require bar admission with 84% of those going to white graduates, as well as all legal jobs with 94% of those going to white law graduates, Reuters reports. Even as gaps narrowed for most minority groups, the employment disparity between white and Latino law graduates increased from last year. Those disparities are widest when looking at legal jobs that require bar admission. The new figures came amid an unusually robust job market for 2023 law graduates. Overall 92.6% of them landed jobs within 10 months of graduation — up half a percentage point from 2022.

Posted by: Stacey Shrader Joslin on Oct 21, 2024

The Tennessee Justice Bus will make stops in several locations over the next 10 days as Celebrate Pro Bono Month comes to a close. On Thursday, the bus will be in Dekalb County at the Upper Cumberland Human Resource Agency in Smithville from 9-11 a.m. CDT for a general legal advice clinic. Later that day, the bus will offer resources at Urban Housing Solutions’ Journeys of Hope meeting in Nashville from 6-7 p.m. On Friday, the bus will be at the Urban Housing Solutions Resource Fair at the Eastwood Court Apartments from 4-6 p.m. in Nashville. On Oct. 29, the bus will be in West Tennessee to participate in an expungement clinic in Decaturville from 10 a.m. to 2 p.m. Get details at the links above.

Posted by: Stacey Shrader Joslin on Oct 21, 2024
News Type: Legal News, TBA CLE

The TBA’s 36th Annual Health Law Forum took place in the Nashville area last week. Close to 300 attendees heard updates on digital health, cybersecurity, regulatory fraud and abuse and using AI in a health care context. Speakers also provided legislative, case review and ethics updates. The keynote address was delivered by David Higginson, executive vice president of Phoenix Children's Hospital. Section Chair Ian Hennessey, general counsel for Alliance for Multispecialty Research in Knoxville, produced and moderated the two-day event. At the section’s annual meeting and luncheon on Friday, he passed the Section Cup to incoming chair Imad Abdullah, senior vice president and chief legal officer with Regional One Health in Memphis. Members of the section also voted on leadership for the 2024–2025 bar year at the luncheon. Thanks to all who helped plan or speak at the event, which remains the TBA’s highest attended in-person CLE program.

Posted by: Stacey Shrader Joslin on Oct 18, 2024
News Type: U.S. Supreme Court

The U.S. Supreme Court this week tackled a case involving a man who was fired from his job as a commercial truck driver for failing a drug test after taking CBD, which he said was falsely sold as lacking the psychoactive ingredient present in marijuana. The court declined to put on hold a new EPA rule targeting carbon pollution from coal- and gas-fired power plants. The justices also gave a Texas citizen journalist a new chance to sue over her arrest, and ordered a new look at Pennsylvania youth gun restrictions.

Posted by: Azya Thornton on Oct 18, 2024
News Type: Legal News

The Tennessee Department of Corrections 2024 Annual Report shows the state’s prisons are more understaffed and violent than before the pandemic. According to The Tennessean, the report shows the number of guard posts left unfilled increased last year after falling from a high in 2021. Parole and probation officer positions had a much lower vacancy rate in Fiscal Year 2024, but now is the highest it has been since 2014, the earliest year statistic are available. Employment data from Tennessee’s four privately managed prisons are not included in the department’s reporting. In addition, the report found that in all Tennessee prisons, including those privately managed, there were more assaults reported last fiscal year than in any year since 2015.

Posted by: Stacey Shrader Joslin on Oct 18, 2024
News Type: Election 2024

Voters at 10 to 12 early voting sites in Shelby County reportedly have complained about problems getting touch-screen voting machines to show the candidate they voted for, the Daily Memphian reports. According to Action News 5, Shelby County members of the Legislative Democratic Caucus held a press conference Thursday evening to address the reports. The Shelby County Election Commission refuted claims that any irregularities have occurred, but instructed election officials at all of the sites to make styluses available to all voters. Shelby County Elections Administrator Linda Phillips said in a statement that, "To date, no voting irregularities have been identified." She encouraged voters to "carefully review their ballot before casting it." If voters have concerns, they should request assistance from election officials at the site and not leave the location until they are satisfied they have been able to vote for their choices in all of the races and referendums on the ballot.

Posted by: Azya Thornton on Oct 18, 2024
News Type: Legal News

Judge S. Curtis Rose recently won a special election to fill the bench of the 2nd Judicial District Circuit Court and was sworn in on Aug. 29 with his family attending the ceremony. "I enjoyed the opportunity to have my family there with me for that moment," Rose said. "One of the special moments that occurred was that my 94-year-old grandmother was able to attend and was also able to vote for her grandson in an election." His grandmother expressed her joy and pride, reminiscing about Judge Rose's grandfather and father, both of whom she said would have been proud of this milestone. Previously, Rose served as a municipal judge in Kingsport. Read more from the Administrative Office of the Courts.

Posted by: Stacey Shrader Joslin on Oct 18, 2024

The TBA’s 36th Annual Health Law Forum kicked off yesterday in Franklin with a welcome from TBA President Ed Lanquist Jr. The two-day event is the premier health law program in the state, providing essential insights from health law providers, practitioners and regulators. Watch for a full report from the forum in Monday's issue of TBA Today. Lanquist spoke to the group about the opportunity to engage around policy issues that are important to the practice of law in Tennessee. He encouraged those in attendance to connect with TBA's Grassroots Advocacy efforts. One of the primary government affairs issues TBA remains committed to is improving delivery of legal services for indigent clients. The TBA is focused both on securing adequate resources to compensate the lawyers who do this important work and investing in new approaches to improve the indigent representation system in a way that benefits attorneys, the larger justice system and the public.

Posted by: Julia Wilburn on Oct 18, 2024
News Type: Legal News

A three-judge panel, made up of Nashville Chancellor Patricia Head Moskal, 10th Judicial District Judge Sandra Donaghy and 25th Judicial District Chancellor Kasey Culbreath, on Thursday issued a ruling specifying certain conditions that fall under an exception for medical emergencies in Tennessee's law prohibiting abortion, reports the Tennessean. The ruling also blocks the state from taking disciplinary action against physicians for performing medically necessary abortions covered by the exceptions, which include previable preterm premature rupture of membranes and fatal fetal diagnoses that lead to maternal health conditions. The panel heard arguments in April on whether to issue the temporary injunction blocking the state's abortion ban for women who are suffering severe pregnancy complications or facing cases of lethal fetal conditions.


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