TBA Law Blog


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Posted by: Azya Thornton on Oct 4, 2024
News Type: Legal News

A federal jury in Memphis late yesterday found three former Memphis Police Department (MPD) officers guilty of various federal felonies related to the beating and subsequent death of Tyre Nichols, the Associated Press reports. Tadarrius Bean, Demetrius Haley and Justin Smith were all convicted of witness tampering related to a cover-up of the beating, but Bean and Smith were acquitted of civil rights charges. Haley was acquitted of violating Nichols’ civil rights causing death, but he was convicted of the lesser charge of violating his civil rights causing bodily injury. All three were taken into custody. A hearing will be held Monday to determine if they should be released on bond prior to sentencing. A sentencing hearing is set for Jan. 22, 2025, the Commercial Appeal reports. According to a press release from the Department of Justice, the defendants’ supervising lieutenant as well as MPD officers who trained the defendants on use of force all testified that Nichols posed little or no threat to officers and that the use of force was inconsistent with MPD training and policy.

Posted by: Stacey Shrader Joslin on Oct 4, 2024
News Type: Legal News

More than 100 large companies from the technology, pharmaceutical, automotive and other sectors are urging federal courts to increase disclosure on outside funders backing lawsuits. The group is urging the U.S. Judicial Conference to adopt a nationwide rule requiring disclosure of third-party litigation funding in lawsuits, Bloomberg Law reports. In July, Rep. James Comer, R-Kentucky, chair of the U.S. House Committee on Oversight and Accountability, urged the conference to review the role of litigation finance, including considering transparency rules and mandatory disclosure of outside funding in federal lawsuits.

Posted by: Stacey Shrader Joslin on Oct 4, 2024
News Type: Legal News

When a federal judicial panel dismissed a challenge to Tennessee's redistricting plans for the U.S. House of Representatives and state Senate, it gave the plaintiffs 30 days to refile an amended complaint. The panel had found that while the maps were consistent with "racial gerrymander," they also were "consistent with a political gerrymander." The judges said the group, including the NAACP, would need to provide stronger evidence that legislators knew the maps would harm Democratic voters, including minority voters. The Associated Press reports on the decision not to refile. The refiling period expired Wednesday with official dismissal of the case.

Posted by: Stacey Shrader Joslin on Oct 4, 2024
News Type: Upcoming

The city of Memphis has designated Front Street between Poplar Avenue and Beale Steet as “Judge Bernice Bouie Donald Street” and will celebrate the naming at a ceremony on Oct. 19. The event will take place at the Renasant Convention Center, Lower Ballroom at 11 a.m. CDT. Honorary signage will be installed along the route paying tribute to Donald’s trailblazing career. Donald retired from the U.S. 6th Circuit Court of Appeals last year and has joined the Memphis law firm of Burch, Porter and Johnson. The firm held an event honoring the street naming in July and has more information about the event later this month. View the invitation.

Posted by: Stacey Shrader Joslin on Oct 4, 2024
News Type: Disaster Response

Gov. Bill Lee and Federal Emergency Management Agency (FEMA) officials yesterday addressed rumors circulating on social media that donations for Helene survivors were being confiscated. “There’s a lot of misinformation,” Lee said. “In fact, there’s some belief and understanding that it’s coming from foreign sources just to confuse on the ground what’s happening here. There’s no confiscation of supplies or of products coming in from FEMA or TEMA [Tennessee Emergency Management Agency].” WSMV News has more on the comments and suggestions for items that are needed in Tennessee’s Cocke County. Items may be dropped off at the distribution center at the old Walmart on 613 West Broadway St. in Newport 37821.

Posted by: Stacey Shrader Joslin on Oct 4, 2024
News Type: Politics

The Tennessee Registry of Election Finance has ordered two Constitutional Republican groups to register as political action committees (PACs), Tennessee Lookout reports. The move comes after a complaint was filed against the groups, which claim registration is not necessary and arguing they are private social clubs that do not provide financial support to candidates. Before voting to direct the Sumner County Constitutional Republicans and Tennessee Constitutional Republicans to register, some members of the panel suggested the matter be referred to a separate entity for review, including the Tennessee Bureau of Investigation. Those recommendations were not pursued.

Posted by: Julia Wilburn on Oct 4, 2024

Did you know that you can earn CLE credit for writing an article that is published in the Tennessee Bar Journal? For every 1,000 words, authors can apply for one hour of credit. Review the submission guidelines for the Journal and start writing!

Posted by: Liz Slagle Todaro on Oct 3, 2024

The Federal Emergency Management Agency (FEMA) has announced that federal disaster assistance is available to individuals and businesses affected by Hurricane Helene in Carter, Cocke, Greene, Hamblen, Hawkins, Johnson, Unicoi and Washington counties in Tennessee. Assistance from FEMA may include grants for temporary housing and home repairs, low-cost loans to cover uninsured property losses and other programs to help recovery from the effects of the disaster. Knox News has more about FEMA individual assistance. Gov. Bill Lee said, "As Tennesseans begin the rebuilding process, I thank our federal partners for granting resources to further our severe weather response and recovery in Northeast Tennessee." Recovery operations continue in the affected areas and additional designations may be made if warranted by the results of damage assessments. Individuals and business owners who sustained losses in the designated areas can begin applying for assistance by registering online at www.DisasterAssistance.gov.

The TBA has actively been working with partner organizations this week to plan disaster legal assistance efforts and eventual legal clinics, which will follow recovery efforts. To help prepare for those events, lawyers from across the state are invited to complete this online form to volunteer to help disaster survivors. The TBA Disaster Resources page offers general information for those impacted by disasters, as well as those seeking to provide assistance. The TBA's new Helene Disaster Response page has information and resources specific to this disaster.

Posted by: Stacey Shrader Joslin on Oct 3, 2024

Two legal clinics aimed at helping survivors of Hurricane Helene are being planned in East Tennessee over the next two days. Tomorrow, a clinic will take place from 9 a.m. to 4 p.m. EDT at the Newport Grammar School, 301 College St., Newport 37821. On Saturday, a clinic will be held from 10 a.m. to 2 p.m. EDT at Ober in Hartford, 3565 Hartford Rd., Hartford 37753. No special training is necessary to help survivors file FEMA claims. Since many people have lost their belongings, attorneys who volunteer are asked to bring their own computer, printer and scanner if possible. Those willing to help should let Cocke County attorney Candice Mendez know they plan to participate. She may be reached at 865-474-0380 or Cmendez.law@gmail.com.

Posted by: Stacey Shrader Joslin on Oct 3, 2024

The Tennessee Lawyers’ Fund for Client Protection met to consider claims from clients alleging financial loss due to the illegal actions of their lawyers. The fund approved one claim against Roane County attorney Eric John Montierth in the amount of $4,700. It also directed Montierth to reimburse the fund for the expense. The Fund for Client Protection was established by the Tennessee Supreme Court to reimburse individuals for losses caused by dishonest conduct by attorneys. The fund is operated by a board, which meets quarterly to consider claims. In September 2022, the Tennessee Supreme Court amended Rule 25 to require the fund to notify the Tennessee Bar Association of claims paid. News releases also are posted online.


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