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Posted by: Azya Thornton on Jan 8, 2025

The TBA will host its annual Ethics Homeshow webcast on Feb. 19 from 11 a.m. to 2 p.m. CST. Ethics expert Brian Faughnan returns for this always engaging event, providing legal professionals with timely insights and guidance on ethical practices. The event is a highlight of the TBA's yearly ethics programming. For more information and to register visit TBA’s website.

Posted by: Azya Thornton on Jan 8, 2025

consumer lawsuit accusing Live Nation and its subsidiary Ticketmaster of charging artificially high ticket prices will proceed alongside a parallel antitrust case filed by the U.S. government and 39 states, including Tennessee. A federal judge on Monday rejected Live Nation's request to pause the class action during the government's suit, which seeks to break up the two companies, Reuters reports. Live Nation argued that allowing both lawsuits to move forward at the same time could waste resources and lead to conflicting rulings. Both cases claim Live Nation limits competition for live event ticketing through exclusive deal arrangements and other barriers. The consumer case was brought on behalf of a potential class of millions of ticket purchasers. The court also rejected Live Nation's argument that the government case, which is scheduled for trial in 2026, was significantly more advanced than the consumer lawsuit.

Posted by: Azya Thornton on Jan 8, 2025

After Gov. Bill Lee announced last month that the state has new guidelines for executing death row inmates, top prison officials say they will not release the protocols manual to the public. According to the Associated Press, a public records request filed to obtain a copy of the manual has been denied by the Tennessee Department of Correction. In denying the request, the department said it must keep the document secret to protect the identities of the executioner and others involved. In an email Monday, a department spokesperson told AP that the “protocol is not a public record” and cited state law that protects the identities of those carrying out executions. AP argues that the cited statute anticipates the existence of confidential information and provides for redactions rather than denials of access.

Posted by: Azya Thornton on Jan 8, 2025

In a new opinion, the Tennessee Supreme Court has affirmed a damages award to a man who sustained serious injuries after falling on a pedestrian bridge at his apartment complex. The court ruled that the owner and operator of the complex, Mid-America Apartments (MAA), had a duty to maintain safe conditions on the bridge. The central issue in the case was whether the owner could have discovered the dangerous condition beforehand through proper diligence. The court concluded that the condition of the bridge was a “general or continuing condition” that was reasonably foreseeable. In a 4-1 decision, the court upheld the trial court’s damages award of more than $2 million to the plaintiff. The decision by the court reaffirmed its long-standing precedent governing premises liability cases in Tennessee set forth in Blair v. W. Town Mall, the Administrative Office of the Courts reports in a release. Justice Sarah K. Campbell dissented, arguing that MAA lacked constructive knowledge of the dangerous condition because there was no evidence that a similar issue had occurred previously on the bridge or elsewhere on the property.

Posted by: Azya Thornton on Jan 8, 2025

Susan Logan, a veteran criminal defense attorney with the Office of the Public Defender for Tennessee’s 21st Judicial District, has been named the recipient of the 2024 Vanessa Pettigrew Bryan Equal Justice Award, the Williamson County Source reports. The award recognizes Logan’s dedication to the relentless pursuit of justice. The award honors Vanessa Pettigrew Bryan, a retired public defender whose career spanned more than 30 years in the judicial system, starting as a magistrate and later serving as public defender for a four-county district that included Hickman, Lewis, Perry and Williamson counties.

Posted by: Azya Thornton on Jan 8, 2025

In 2024, the Tennessee Department of Correction (TDOC) changed its policy regarding who is allowed to mail books to incarcerated individuals, removing a number of books-to-prisons nonprofits from its list of approved book vendors, according to WPLN News. Now, prisoners who want a specific book must buy it, or have someone else buy it for them, from a more limited number of authorized booksellers and publishers. A TDOC spokesperson said the change was made “to mitigate the introduction of contraband through mail.” The director of the Prison Book Program said the policy will significantly reduce the number of prisoners who can access books. “You need a loved one on the outside with both the connectivity and the disposable income to order books directly from one of those sources. And that’s almost nobody in prison,” she says.

Posted by: Azya Thornton on Jan 8, 2025

Attorneys general from 21 states say the American Bar Association's (ABA) law school diversity rules are unlawful. According to Reuters, the coalition sent a letter opposing both the current diversity standard and a proposed revision under consideration. A letter, led by Tennessee Attorney General Jonathan Skrmetti, argues that both versions of the rule "impermissibly impose race-based admissions and hiring requirements as a condition of accreditation." The ABA on Monday closed its public comment period on the revised rule. As of Tuesday morning, publicly available comments were mixed, with several legal groups joining the state attorneys general in opposition, while the Law School Admission Council and other ABA entities defended the proposed standard as legal. The ABA’s Council of the Section of Legal Education and Admissions to the Bar could vote on the revision when it meets Feb. 21.

Posted by: Azya Thornton on Jan 8, 2025

January is National Human Trafficking Prevention Month. Since 2010, each president has dedicated the month to raising awareness about human trafficking and educating the public on how to identify and prevent this crime. President Joe Biden, who authored the Violence Against Women Act as a U.S. senator, signed this year's White House proclamation on Dec. 30, 2024. The U.S. Department of State also works to raise awareness of human trafficking internationally through U.S. embassies and consulates. It supports the designation of Jan. 11 as National Human Trafficking Awareness Day or #WearBlueDay. The Blue Campaign encourages people to wear blue — the international color of human trafficking awareness — and post photos of themselves on social media using the hashtag #WearBlueDay.

Posted by: Stacey Shrader Joslin on Jan 8, 2025

Attorney Protective (AttPro) is a TBA Member Insurance Solutions’ preferred malpractice insurance provider. An AttPro policy has it all, and then some. On all new policies, standard malpractice coverage includes first dollar defense, coverage into retirement, five ways to cut your deductible, loss of earnings payments during a claim, no deductible impact, enhanced supplemental payments, access to an attorney-staffed hotline, ethics credits and more. Access more information or get a quote on the TBA website.

Posted by: Laura Labenberg on Jan 8, 2025

The TBA Young Lawyers Division will host a new installment in its Rookie Series on April 4 at noon CDT. "Beyond the Courtroom: Exploring Different Career Paths with a Law Degree" will feature a panel of young attorneys who are shaping their careers in fields beyond the courtroom. From in-house counsel and lobbying, to sitting on the bench as a judge and working in academia, panelists in a variety of fields will offer insights into the wide range of opportunities available to law students and young attorneys. Get more information and register here.


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