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Posted by: Julia Wilburn on Feb 25, 2025

Effective Feb. 24, the Tennessee Supreme Court suspended Shelby County lawyer Aaron Anthony Neglia from the practice of law for 10 years. On June 9, 2022, the Supreme Court suspended Neglia and asked the Board of Professional Responsibility (BPR) to institute formal proceedings. Neglia pleaded guilty in two felony cases and was sentenced in the Shelby County Criminal Court for bribery of a public servant and in the U.S. District Court for conspiracy to violate the Travel Act. On July 19, 2022, the BPR filed a petition to institute formal proceedings in the case. A hearing panel of the board found that Neglia’s conduct violated Tennessee Rules of Professional 8.4(a), (b), (c), and (d), and imposed a 10-year suspension. In November 2024, the court weighed increasing punishment from suspension to disbarment. Following review, the court agreed with the recommendations of the panel and imposed a 10-year suspension but applied a 124-day credit to the term.

Posted by: Julia Wilburn on Feb 25, 2025

More defendants in copyright actions are attacking the copyright registration application and deposit materials and using referral to the copyright office under 17 U.S.C. 411 to hinder or defeat copyright claims. TBA's IP Webcast series continues on March 5 at noon CST with Knoxville attorney John Wood of Egerton, McAfee, Armistead & Davis on Protecting Your Copyright Registration. Wood will review current cases attacking copyright registrations and discuss how to avoid these issues. Intellectual Property Section members save on registration costs. Not a member? Join now!

Posted by: Azya Thornton on Feb 24, 2025

People imprisoned in Tennessee may soon be able to receive books in the mail again. Last year, the Tennessee Department of Correction (TDOC) revised its policy on book deliveries, restricting who could mail books to incarcerated individuals in an effort to prevent contraband from entering prisons. Following a news report by WPLN News, the Appalachian Prison Book Project, a West Virginia-based nonprofit that serves Tennessee and five other states, was contacted by a senior TDOC official who was unaware of the change. "She had no idea," said project director Katy Welker. "And as a reader herself, she was appalled," WPLN reports. While books still may not be sent directly to prisoners, TDOC is allowing books to be sent to a designated staff member at each facility, who then will distribute them as requested. The Appalachian Prison Book Project says it is now working through a backlog of requests.

Posted by: Azya Thornton on Feb 24, 2025

NALBANDIAN, Circuit Judge. Lamon Simmons was living in one home and dealing cocaine out of another. Following an eight-month investigation involving confidential buys by a reliable informant and regular surveillance of Simmons, the police got a warrant to search both homes. Simmons now claims that the search of his primary residence was unconstitutional because the warrant lacked probable cause. He argues that the police did not establish a nexus between his home and his drug activity. Because the warrant affidavit sufficiently detailed Simmons’s ongoing drug trafficking and the likelihood that records of that trafficking would exist in his home, we affirm.

Posted by: Azya Thornton on Feb 24, 2025

The defendant, Alec Byron Harrison, pled guilty to aggravated statutory rape. After a sentencing hearing, the trial court ordered the defendant to serve a three-year sentence in confinement with the Tennessee Department of Correction. On appeal, the defendant contends the trial court erred in sentencing the defendant to confinement. Upon our review of the applicable law, the record on appeal, and the parties’ briefs, we affirm the trial court’s decision.

Posted by: Azya Thornton on Feb 24, 2025

In this accelerated interlocutory appeal, appellant appeals the trial court’s denial of her motion to recuse. Because appellant failed to comply with the requirements of Tennessee Supreme Court Rule 10B, we dismiss the appeal.

Posted by: Azya Thornton on Feb 24, 2025

This appeal involves a claim for breach of contract filed by the personal representative of a deceased husband’s estate against his former wife, asserting that the former wife breached the parties’ marital dissolution agreement by accepting the proceeds of the former husband’s retirement account upon his death. The parties’ marital dissolution agreement had provided that the retirement account would be “the sole and absolute property of the Husband” and that any “marital interest” the wife had was divested from her and vested in the husband. However, the wife remained the designated beneficiary of the account when the husband died six years later. Cross-motions for summary judgment were filed by the estate and by the wife. The trial court granted summary judgment to the estate, concluding that the wife breached the marital dissolution agreement and that the estate was entitled to the entire sum in the account. The wife appeals. For the following reasons, we reverse the decision of the chancery court and remand for further proceedings.

Posted by: Azya Thornton on Feb 24, 2025

February 17, 2025 - February 21, 2025.

Posted by: Azya Thornton on Feb 24, 2025

The TBA is seeking to fill vacancies on both its Board of Governors and in its House of Delegates. Open positions on the board include 4th District governor and East Tennessee governor. Seats available in the House of Delegates include those in the 2nd, 7th, 8th, 9th, 15th, 18th, 22nd, 23rd, 24th and 31st districts. Finally, a vacancy exists in the position of young lawyer delegate to the ABA House of Delegates. Those interested in being considered for any of these positions should email TBA Executive Director Sheree Wright at barED@tnbar.org. For additional information on these vacancies, including terms of service and counties included in each district, visit the TBA’s election page.

Posted by: Azya Thornton on Feb 24, 2025

The TBA YLD will host its second Exploration CLE at Fall Creek Falls State Park in Spencer on May 30. Attendees will earn three hours of CLE credit while enjoying the natural beauty of one of Tennessee’s state parks. The program includes a ranger-led hike and lunch, offering a unique opportunity to blend professional development with outdoor exploration. Registration begins at 9 a.m., with sessions running from 9:30 a.m. to 2 p.m. CDT For more information and to register, visit the TBA website.


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