TBA Law Blog


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Posted by: Stacey Shrader Joslin on May 16, 2024
News Type: Legal News

Belmont University College of Law announced a two-year pilot health care clinic that will be embedded at the Tennessee Justice Center (TJC). Funding for the “Healthcare Justice Clinic” will be provided by a $260,000 grant from the Speer Foundation. The clinic will be coordinated by a TJC staff attorney and staffed by Belmont law students who will be selected for the externship. Students will receive academic credit for the experience, which will also include a class focused on managing client cases. The effort is designed to expand TJC’s work of advocating for vulnerable Tennessee families. “There are way more Tennesseans who need help than our small staff can handle, so this new resource will make a powerful difference,” said Michele Johnson, TJC co-founder and executive director. Read more in a news release from the school.

Posted by: Stacey Shrader Joslin on May 16, 2024
News Type: Legal News

The entirety of Tennessee's sex offender registry law cannot be thrown out because a handful of requirements may be unconstitutional, a three-judge panel of the U.S. Court of Appeals for the 6th Circuit has ruled. According to Courthouse News, the decision vacates an injunction granted by U.S. District Judge Aleta Trauger and directs her to focus on only the requirements that do not pass constitutional muster. A class of sex offenders convicted before 1995 sued the state in 2021, arguing that recent changes to registry requirements violate their constitutional rights. The appeals panel also dismissed Gov. Bill Lee from the action, leaving Tennessee Bureau of Investigation Director David B. Rausch as the sole target of the suit.

Posted by: Stacey Shrader Joslin on May 16, 2024
News Type: Congressional News

The U.S. House Judiciary Committee today approved a measure asking the Department of Justice to hold Attorney General Merrick Garland in contempt of Congress. The party line vote moves the measure to the House Oversight Committee, which is expected to vote this evening, The Hill reports. The committees are seeking access to audio recordings of President Joe Biden’s interview with special counsel Robert Hur. While they already have transcripts of the proceeding, Republican members argue that the audio recordings could be more revealing. The Biden administration recently claimed executive privilege over the recordings, making it unlikely the department would pursue charges of criminal contempt even if the measure passed the full Congress.

Posted by: Stacey Shrader Joslin on May 16, 2024
News Type: U.S. Supreme Court

The U.S. Supreme Court has upheld the Consumer Financial Protection Bureau's (CFPB) funding mechanism, siding with the Biden administration against the payday loan industry. The 7-2 decision, authored by Justice Clarence Thomas, reversed a lower court's ruling that the CFPB's funding design violated a provision of the U.S. Constitution called the "appropriations clause," which gives Congress the power of the purse. The agency draws money annually from the Federal Reserve instead of from budgets passed by lawmakers, SCOTUSblog reports.

Posted by: Stacey Shrader Joslin on May 16, 2024
News Type: TBA CLE

The TBA’s Court Square Series will be in Cookeville on the afternoon of May 30. The program will include an ethics update with Beverly Sharpe with the Board of Professional Responsibility; a legislative update with Nathan Ridley; and a judicial panel with Circuit Court Judge William Ridley from Crossville, Circuit Court Judge Caroline Knight from Cookeville and Chancellor Ronald Thurman from Cookeville.

Posted by: Stacey Shrader Joslin on May 15, 2024
News Type: Legal News

Shelby County Sheriff Floyd Bonner says if the Shelby County Board of Commissioners passes a budget that cuts 441 vacant positions from his office, he will take the commission to court. At the opening of county budget hearings today, Bonner said he believes state law forbids cuts to his part of the county budget. “We’re being asked by city of Memphis residents to do more than we’ve ever done before,” Bonner said while also citing the need for a new jail. “I’ve never said no to any municipality when they’ve asked for Sheriff’s Department help.” A spokesperson for the county said that even with the job cuts, the budget proposals retains 300 unfilled positions, the Daily Memphian reports.

Posted by: Stacey Shrader Joslin on May 15, 2024
News Type: Legal News

A former law student is suing the law firm of King & Spalding, alleging the firm discriminates against white heterosexual candidates for certain summer associate positions. In the complaint, the former student argues that the firm violated federal law by stating that it preferred non-white or non-heterosexual candidates for a diversity fellowship. The suit is the latest challenge to diversity hiring programs following a U.S. Supreme Court ruling striking down affirmative action on college campuses last year. Other firms targeted have included Winston & Strawn, Perkins Coie and Morrison Foerster. Bloomberg has more.

Posted by: Stacey Shrader Joslin on May 15, 2024
News Type: U.S. Supreme Court

Two U.S. Supreme Court justices are speaking out about their experiences on the nation’s highest court. At a conference of the U.S. Court of Appeals for the 11th Circuit in Alabama Justice Clarence Thomas decried “the nastiness and the lies” he and his wife have “had to endure” in recent years, and described Washington, D.C., as a place where “people pride themselves in being awful.” Thomas also talked about why he tends to write separate or dissenting opinions that question long-standing precedent. At a conference for the U.S. Circuit Court of Appeals for the 5th Circuit in Austin, both Thomas and Justice Brett Kavanaugh raised concerns about the court’s growing emergency docket. They said it pressures justices to make quick rulings in controversial issues before developing a complete understanding of the facts. Bloomberg Law looks at both events.

Posted by: Stacey Shrader Joslin on May 15, 2024
News Type: Legal News

The claim period for franchise tax property measure refunds opened today, according to the Tennessee Department of Revenue. Taxpayers who paid the franchise tax on the property measure using Schedule G for tax years ending on or after March 31, 2020, for which a return was filed with the department on or after Jan. 1, 2021, are eligible for a refund. To obtain a refund, taxpayers must amend their franchise and excise tax returns for all eligible tax periods and file Schedule G. Both the amended returns and the refund claim form must be submitted by Nov. 30. Learn more in this press release from the department.

Posted by: Stacey Shrader Joslin on May 15, 2024
News Type: BPR Actions

New Mexico lawyer Samantha Alane Smith has been reinstated to the practice of law in Tennessee. She had been placed on inactive status more than five years ago on June 7, 2016. Smith petitioned the court for reinstatement and the Board of Professional Responsibility found the petition to be satisfactory. She was reinstated effective April 29.


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