TBA Law Blog


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Posted by: Azya Thornton on Aug 14, 2024
News Type: Legal News

The death of Lauren Johansen has led to questioning of the handling of domestic violence cases. Advocates argue her death could have been prevented if the cases against the man who allegedly killed her had moved through the Davidson County court system faster. According to The Tennessean, a report by the Metro Office of Family Safety has called for "rocket dockets" to expedite high-risk domestic violence cases. The report cites extended delays between arrest and resolution as a critical factor increasing victim risk. To address this, the report recommends prioritizing such cases, increasing court resources, and implementing risk assessment tools and protective measures like GPS monitoring.

Posted by: Stacey Shrader Joslin on Aug 14, 2024
News Type: BPR Actions

The Tennessee Supreme Court has suspended Shelby County lawyer Larry E. Fitzgerald from the practice of law for four years, with the first two years to be served on active suspension and the remainder on probation. The court took the action based on 12 separate complaints filed by clients. It found that Fitzgerald failed to communicate reasonably with clients, diligently perform work necessary for representation, properly maintain client funds in an IOLTA trust account, keep accurate accounting of funds kept in trust, return unearned client fees, properly conclude representation of clients, and respond to requests for information from the Board of Professional Responsibility. Fitzgerald agreed to a conditional guilty plea acknowledging his conduct violated Tennessee Rules of Professional Conduct 1.3, 1.4, 1.5, 1.15, 1.16 and 8.1(b).

Posted by: Azya Thornton on Aug 14, 2024
News Type: Legal News

A federal jury in Chattanooga has found two former Hamilton County sheriff's deputies not liable in a lawsuit alleging a roadside strip search. The plaintiff, James Mitchell, claimed excessive force and unlawful search during a 2019 traffic stop. Despite dashcam footage showing a deputy striking Mitchell and performing the strip search, the jury ultimately sided with the defendants, Chattanoogan Times Press reports. The verdict concludes a series of legal battles involving the deputies, with multiple lawsuits having been dismissed or settled. The sheriff's office has maintained its innocence in the cases.

Posted by: Azya Thornton on Aug 14, 2024

The Marshall Project reports that the U.S. Supreme Court's decision in Harrington v. Purdue Pharma raises the bar for companies trying to shield their wealth by filing for bankruptcy when faced with lawsuits alleging harm, and could impact the Boy Scouts of America's settlement with sexual abuse victims. In 2020, the Boy Scouts of America filed for Chapter 11 bankruptcy and later agreed to a nearly $2.5 billion settlement to compensate more than 82,000 victims of alleged sexual abuse. The settlement includes releasing police departments from liability for abuse that occurred within the Scouts' Explorer program. As a result, victims of police abuse may have a new opportunity to seek justice. The U.S. 3rd Circuit Court of Appeals is set to decide if and how the decision applies to Scouting America. Livingston Enterprise has the story. 

Posted by: Azya Thornton on Aug 14, 2024

Belmont University College of Law is looking for attorney volunteers for its Free Legal Answers Clinic on Aug. 22 from 5-6:30 p.m. At this clinic, volunteers will be partnered with three to four law students to research and answer questions posted on tn.freelegalanswers.org. Those interested in helping should email Ginny Blake. Attorney volunteers must have a Free Legal Answers Account to participate in the clinic. Please set up an account three to four days before the clinic to make sure your profile is approved in time.

Posted by: Azya Thornton on Aug 14, 2024
News Type: Your Practice

Law school doesn’t teach the business end of law. Good cash flow and bookkeeping are essential. Use this guide to reconcile your firm account bank balances. Find this and more in the Money Management section of TBA’s Law Firm in a Box.

Posted by: Stacey Shrader Joslin on Aug 13, 2024
News Type: Legal News

Tennessee Attorney General Jonathan Skrmetti, along with attorneys general from 14 other states, has submitted a comment letter to the U.S. Department of the Treasury, emphasizing the need for fair and unbiased regulation of artificial intelligence (AI) in the financial services sector. The letter urges the department to focus solely on risks to financial reliability and consumer protection rather than politicizing AI regulation or blocking state laws. Read the letter or a press release about the effort.

Posted by: Stacey Shrader Joslin on Aug 13, 2024
News Type: Legal News

The Nashville office of Buchalter has announced that Talbott Ottinger has joined the firm as a shareholder and will be the new chair of the Real Estate Practice Group. Ottinger will focus on commercial real estate and business transactions, including corporate structure, entity formation, and asset purchases and sales. He regularly advises clients with capital raises, joint ventures, the purchase and sale of real estate, financing and real estate leases. Buchalter is a full-service business law firm based in Los Angeles with offices in California, Arizona, Colorado, Georgia, Oregon, Tennessee, Utah and Washington. Read more in a release. The Nashville Post reports that Ottinger's previous firm, the Green Hills-based Ottinger Law Group, will cease operations.

Posted by: Stacey Shrader Joslin on Aug 13, 2024
News Type: Legal News

The Davidson County state trial court judges have elected Chancellor Anne C. Martin to serve as presiding judge beginning Sept. 1. Martin will succeed Judge Angelita Dalton who served in the role for the past two years. The 20th Judicial District covers Davidson County and includes eight circuit courts, four chancery courts and six criminal courts. Martin was first elected to the Chancery Court to fill an unexpired term in 2018 and then to a full eight-year term in 2022. In 2019, the Tennessee Supreme Court appointed her as the Business Court Docket judge. Judge David Briley will serve as presiding judge pro tempore for the year. Read more in a release from the court.

Posted by: Stacey Shrader Joslin on Aug 13, 2024
News Type: Legal News

The Tennessee Attorney General's (AG) office hired Memphis lawyer and former U.S. Attorney Ed Stanton earlier this summer to review Tennessee State University (TSU) financials and corporate governance, the Tennessean reports. The probe was requested by TSU's newly appointed board of trustees "in order for us to continue to move the university forward" said chair Dakasha Winter. Gov. Bill Lee signed off on the appointment and in a letter directed Stanton to review “policies, procedures, protocols, fiscal records, capital expenditures, capital master planning, and corporate governance” from 2021 to present. The letter also suggested that “litigation to protect TSU's interests” may be required. This review comes after the state spent millions of dollars on audits that found leadership issues at TSU but no evidence of fraud or malfeasance. Stanton, an attorney with Butler Snow, previously was appointed by the state to conduct a review of its lethal injection procedures, and was tapped in May by Metro Nashville to review a police oversight complaint.


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