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Posted by: Stacey Shrader Joslin on Sep 6, 2023

U.S. Rep. Andy Ogles, R-Columbia, has once again drawn the ire of federal election officials, who have sent him two more warning letters, Tennessee Lookout reports. The Federal Election Commission (FEC) is now threatening to audit and potentially fine Ogles’ campaign account for possible improper reporting and illegal contributions, including an alleged contribution exceeding allowed limits and alleged illegal corporate donations. Ogles is a first-year congressman who won the newly-drawn Tennessee 5th Congressional District previously held by Jim Cooper.

Posted by: Stacey Shrader Joslin on Sep 6, 2023

The Memphis mayoral and municipal election is set for Oct. 5 when voters will choose between 17 candidates for mayor, a host of candidates for city council and three candidates for city court clerk (though the city council recently passed an initial ordinance ending elections for that office). Current clerk Myron Lowery is not seeking reelection. Candidates are Demeatrise Givens, Janice Hooker and Michael R. Williams. Candidates for mayor include Shelby County Sheriff Floyd Bonner, state Rep. Karen Camper, businessman J. W. Gibson, former mayor Willie W. Herenton, county school board member Michelle McKissack and former Memphis NAACP president Van Turner. Current mayor Jim Strickland is term limited. Early voting runs from Sept. 15-30. The last day to request an absentee ballot is Sept. 28. See the full list of races and candidates in the Commercial Appeal.

Posted by: Stacey Shrader Joslin on Sep 6, 2023

A second federal judge in Tennessee has ruled against a new law aimed at limiting drag performances in public places, the Associated Press reports. U.S. District Judge Ronnie Greer of Knoxville on Friday granted a temporary restraining order against District Attorney Ryan Desmond preventing him from enforcing the state law against a Blount County Pride festival over the weekend. The American Civil Liberties Union of Tennessee and other civil rights lawyers brought the lawsuit on behalf of festival organizers. The decision is the second in the state to block the law. U.S. District Court Judge Thomas Parker ruled over the summer that the law was unconstitutional and blocked its enforcement in Shelby County.

Posted by: Stacey Shrader Joslin on Sep 6, 2023

The American Bar Association (ABA) Standing Committee on Ethics and Professional Responsibility released a formal opinion today providing a roadmap to help lawyers stay within the parameters of ABA Model Rules of Professional Conduct when they prepare a witness or client to testify before a deposition or adjudicative proceeding. Formal Opinion 508 explains the difference between legitimate witness preparation and guidance and unethical efforts to influence witness testimony, especially in the era of remote proceedings.

Posted by: Karen Belcher on Sep 6, 2023

Employee Patrece Edwards-Bradford filed a petition for benefit determination seeking permanent disability benefits for an alleged back injury. The Court of Workers' Compensation Claims denied Employee's claim, finding that she had not rebutted the presumption of correctness afforded to the causation and impairment opinions of her authorized treating physicians, and was therefore not entitled to permanent disability benefits. Employee has appealed, and the appeal has been referred to the Special Workers' Compensation Appeals Panel for consideration and a report of findings of fact and conclusions of law pursuant to Tennessee Supreme Court Rule 51. We affirm.

Posted by: Stacey Shrader Joslin on Sep 6, 2023

The repayment pause on federal student loans ended Aug. 31. Interest will begin to accrue this month and payments will begin again in October. TBA member benefit partner SoFi is offering a free webinar on Sept. 20 at 11 a.m. CDT to educate members about next steps, so resuming payments can feel as manageable and stress-free as possible. Topics to be covered include the latest news on federal student loans and payments resuming, tips to help manage student loan debt, and how to use relevant information and tools to make informed decisions. Register for the webinar or learn more about SoFi’s loan and refinancing services at SoFi.com/TBA.

Posted by: Paul Burch on Sep 6, 2023

Memphis Area Legal Services (MALS) will hold its monthly clinic at the Benjamin Hooks Library this Saturday from 10 a.m. to noon CDT. The library is located at 3030 Poplar Ave., Memphis 38111. Lawyers and non-lawyers are needed for this high-volume clinic. Questions commonly raised by clients include issues involving housing, family, consumer and employment law. Come volunteer for a portion of the event or the full time. Sign up here to help.

Posted by: Stacey Shrader Joslin on Sep 6, 2023

It is not uncommon for firms to have hundreds, sometimes thousands, of closed bankers boxes sitting around, with some spending thousands of dollars on file storage per month. Many firms are starting to move towards paperless office environments, which raises questions about how long closed files need to be kept and if paper copies can be destroyed after conversion to digital. Join Paul Unger with Affinity Consulting for a webcast on Oct. 11 from 12-1 p.m. CDT to learn more about the basics of document management and retention.

Posted by: Paul Burch on Sep 5, 2023

Shelby County District Attorney Steve Mulroy says his office plans to release footage "in the near future" from a police shooting that caused the death of 20-year-old Jaylin McKenzie, reports the Commercial Appeal. The announcement comes after the Justice Review Unit and Tennessee Bureau of Investigation confirmed this morning their investigation is complete. McKenzie was shot and killed on Dec. 16 by a Memphis Police Department officer following a traffic stop. The incident was one of five officer-involved shootings in the last five weeks of 2022. Last month, Mulroy announced a new policy to step up the public release of footage from fatal police shootings.

Posted by: Paul Burch on Sep 5, 2023

The father of a woman who died during last month's severe wildfires in Hawaii has sued the state and the county of Maui for gross negligence. Reuters reports that the lawsuit, filed Monday, also names a major landowner and the state's electric utility. The suit claims that Hawaiian Electric failed to de-energize its electrical equipment during hurricane-force winds, sparking the fires. In addition, the suit sites Bishop Estate for failing to reduce wildfire risk by regularly clearing dry vegetation in the area. Hawaiian Electric is also facing litigation from investors who allege they suffered significant losses due to the company's failure to adhere to wildfire prevention and safety protocols.


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