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Posted by: Karen Belcher on Jan 8, 2024

This appeal arises from a pending petition for termination of parental rights and adoption. Two weeks after the maternal grandparents commenced their action to terminate the parental rights of the mother of their grandchild (the father being deceased), the paternal grandparents (“the Intervenors”) filed a motion to intervene for the purpose of filing a competing petition for adoption and termination of parental rights; they also sought to set aside an order granting permanent guardianship over the child to the maternal grandparents previously issued by the juvenile court in a separate proceeding. The Intervenors also filed a motion for leave to intervene for the purpose of filing a petition for grandparent visitation. The maternal grandparents opposed all relief sought by the Intervenors. The trial court denied the motion to set aside the juvenile court’s order of permanent guardianship for lack of jurisdiction, and it denied the motion to intervene for purposes of adoption on the ground that the Intervenors lacked standing because they did not meet the definition of prospective adoptive parents under Tennessee Code Annotated § 36-1-102(44). However, the court granted their motion to intervene for the purpose of grandparent visitation. The Intervenors appeal the denial of the motion to intervene for purposes of adoption, and the maternal grandparents appeal the order granting the Intervenors leave to intervene for the purpose of grandparent visitation. We have determined that the Intervenors have standing to file a petition for adoption and termination of parental rights; thus, we reverse the trial court’s ruling on that issue. We affirm the trial court in all other respects.

Posted by: Julia Wilburn on Jan 8, 2024

Knox County At-Large Commissioner Larsen Jay is the first candidate to officially announce his intention to run for mayor of Knox County. The Knoxville News Sentinel reports that Jay, a Republican, was elected to the county commission in 2018 and again in 2022, and he served as chairman from 2020-2021. Current Mayor Glenn Jacobs is term-limited and ineligible to run again in the 2026 election.

Posted by: Karen Belcher on Jan 8, 2024

For the week of January 1, 2024 - January 5, 2024

Posted by: Julia Wilburn on Jan 8, 2024

A new program in Nashville aims to guide currently jailed potential voters through the voting process. The Tennessee Lookout reports that voter registration, navigating the absentee ballot request process, voting rights restoration support and civics education will be a part of the new program, which started in late December. Some people with felony convictions are permanently barred from voting under Tennessee law. Others with felony convictions may have voting rights restored. People with misdemeanor records alone or no criminal record at all can continue to vote, including from jail using absentee ballots.

Posted by: Julia Wilburn on Jan 8, 2024

Tadarrius Bean, one of the former Memphis police officers accused in the beating death of Tyre Nichols, is requesting that his federal criminal trial be moved outside Memphis. According to the Daily Memphian, Bean's attorney John Keith Perry wrote in his request and separate memorandum of support that he was requesting the move due to the amount of media coverage in the case and comments from city officials. He acknowledged that prosecutors would likely oppose a venue change given coverage of the case has been so widespread that moving the trial likely would not impact the outcome. The federal trial is currently set to begin May 6.

Posted by: Julia Wilburn on Jan 8, 2024

The U.S. Supreme Court today declined to hear an appeal of venue change in a lawsuit accusing Exxon, Koch Industries and the American Petroleum Institute of worsening climate change. The refusal to hear the appeal sends the suit back to the state court in Minnesota. The court has similarly rejected appeals in cases in California, Colorado, Rhode Island, Hawaii, Maryland and elsewhere. The justices also rejected an appeal by X Corp, formerly known as Twitter, to consider whether the social media company can publicly disclose how often federal law enforcement seeks information about users for national security investigations. Additionally, the court rejected an appeal from Intel and Edwards Lifesciences to revive part of their lawsuit challenging a U.S. Patent and Trademark Office policy that reduced the number of patents the federal agency reviews. Reuters has more in depth coverage of the decisions.

Posted by: Julia Wilburn on Jan 8, 2024

Monday, Jan. 15, is Martin Luther King Jr. Day, and several Nashville organizations are hosting events, volunteer opportunities and celebrations of life. The annual Nashville MLK Day celebration begins Wednesday with daily events held through Monday, including presentations, a youth symposium, a march along Jefferson Street and a convocation at Tennessee State University with poet Nikki Giovanni. Get details on the MLK Joint Day of Service on Saturday, Let Freedom Sing on Sunday, a Volunteer Tree Planting on Monday and a presentation at Vanderbilt University with Khalil Ekulona of Nashville Public Radio.

Posted by: Brooke Leeton on Jan 8, 2024

The Tennessee Bar Association’s Disability Law Section will host a Zoom roundtable discussion on Thursday, Jan. 18, at 2:30 p.m. CST / 3:30 p.m. EST. This roundtable will be an open discussion hosted by section chair Robyn Ryan.

Join this interactive discussion to share your experiences, listen to other section members and/or ask questions. Please complete the RSVP before 12:30 p.m. CST / 1:30 p.m. EST on Jan. 18 to receive the email invitation to join the Zoom meeting.

Posted by: Julia Wilburn on Jan 8, 2024

Several new laws took effect on Jan. 1, 2024, including harsher penalties for distracted drivers, the elimination of disabled license plate fees for parents or guardians of a person confined to a wheelchair, and the requirement of car ignition breathalyzers to include GPS technology that will track the car's location at the time of an alcohol test. Additionally, the Tennessee Department of Safety will create a voucher program to reimburse people for the cost of a handgun safety course and the Tennessee Paid Family Leave Insurance Act will amend current code to allow insurances companies to offer paid family leave, which employers could then purchase for their employees. Read the Tennessean's full summary of the new laws.

Posted by: Jarod Word on Jan 8, 2024

TBA Elder Law Section Executive Council delegate Barbara Moss was recently interviewed by the Nashville Business Journal (NBJ). Moss discusses the role of an elder law attorney and the importance of end-of-life planning. She also provides insight on how to broach the topic of planning with seniors, what potential residents and families should ask long-term care facilities, and other tools for older adults. Read the interview here.


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