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Posted by: Azya Thornton on Feb 11, 2025

The 2025 Estate Planning and Probate Forum will take place Feb. 28 at the Embassy Suites Cool Springs in Franklin. The daylong event will feature expert speakers covering topics such as community property trusts, AI developments, a probate panel, ethics, legislative updates and much more. Breakfast and lunch will be provided, offering opportunities for networking with colleagues from across the state. Sessions will run from 8:30 a.m. to 5 p.m. CST. The program offers seven hours of CLE including two hours of dual credit. Section members receive discounted pricing. Not a member of the Estate Planning & Probate Section yet? Join here. For more information on the forum, to view the speaker line up and to register, visit TBA’s website.

Posted by: Laura Labenberg on Feb 10, 2025

Legal Aid of East Tennessee and the TBA Young Lawyers Division is hosting a Power of Attorney Clinic via Zoom on March 4 at 4:30 p.m. EST. Click here for more information and to volunteer.

Posted by: Laura Labenberg on Feb 10, 2025

Legal Aid of East Tennessee and the TBA Young Lawyers Division will be holding a virtual Name Change Clinic on March 6 at 4:30 p.m. EST via Zoom. Click here for more information and to volunteer.

Posted by: Stacey Shrader Joslin on Feb 10, 2025

The Washington County Bar Association (WCBA) announced its 2025 officers on Friday. They are: President Jerome Cochran, President-elect Brady Smith, Vice President Hunter Shepard; Secretary Thomas J. Smith; and Treasurer Jesse J. Campbell. In addition, three board members were elected. They are: Nora Koffman, Sarah Larkin and Solange McDaniel.

Posted by: Azya Thornton on Feb 10, 2025

AVIS, Circuit Judge. The Immigration and Nationality Act (“INA”) provides that any noncitizen who has been convicted of an aggravated felony is deportable. 8 U.S.C. § 1227(a)(2)(A)(iii). Aggravated felonies include “illicit trafficking in a controlled substance,” id. § 1101(a)(43)(B), which, in turn, includes Controlled Substance Act (“CSA”) offenses that are punishable by more than one year of imprisonment. See 18 U.S.C. §§ 924(c)(2), 3559(a)(1)– (5). A state drug-trafficking conviction qualifies as an aggravated felony if the state law “proscribes conduct punishable as a felony under [the CSA].” Lopez v. Gonzales, 549 U.S. 47, 60 (2006). Petitioner Javi Porter’s appeal turns on whether his Virginia drug-trafficking conviction is an aggravated felony under the INA. Porter had been a lawful permanent resident of the United States for roughly six years before he was convicted under Virginia law of possessing with intent to distribute methamphetamine. The Department of Homeland Security (“DHS”) classified this conviction as an aggravated felony and initiated removal proceedings against Porter, which culminated in an order of removal. Porter seeks review of the final order of the Board of Immigration Appeals (“BIA” or “Board”) in which the Board affirmed an immigration judge’s (“IJ”) denial of his motion to terminate removal proceedings and found him removable as an aggravated felon. We deny the petition for review.

Posted by: Azya Thornton on Feb 10, 2025

MATHIS, Circuit Judge. This case looks like a standard claim under the Employee Retirement Income Security Act (“ERISA”) to recover benefits. But Derek Kramer wants to change the rules for these claims. Kramer believes he has a right to “full discovery,” including documents subject to the attorney-client privilege, rather than an adjudication based on the administrative record. Kramer also thinks he has a constitutional right to a jury trial for his ERISA claim. And he seeks to apply a different standard to adjudicate his claim than the one we instructed district courts to use more than two decades ago. We reject Kramer’s request to change the rules. e the rules. On the merits, Kramer has not shown that the district court erred in finding that the decision denying Kramer benefits was not arbitrary and capricious. We thus affirm.

Posted by: Azya Thornton on Feb 10, 2025

February 3, 2025 - February 7, 2025.

Posted by: Azya Thornton on Feb 10, 2025

Two Tennessee mothers are urging lawmakers to increase oversight of juvenile detention centers, alleging their sons were subjected to prolonged solitary confinement and coerced into fighting by guards at the Richard L. Bean Juvenile Service Center. A 2023 WPLN and ProPublica investigation alleged the facility violated seclusion laws, a pattern also documented in other county-run juvenile centers across the state. Despite repeated violations cited by the Department of Children's Services (DCS), corrective action has been ineffective, and the Bean Center remains noncompliant with licensing standards, according to WPLN news. Last year, state Sen. Kerry Roberts, R-Springfield, introduced legislation to transfer oversight from DCS to a third-party entity, citing the need for greater transparency and accountability. The measure did not pass but was sent to a summer study committee.

Posted by: Azya Thornton on Feb 10, 2025

A third federal judge said today he would block President Donald Trump’s effort to curtail automatic birthright citizenship for babies born to undocumented parents. According to Reuters, U.S. District Court Judge Joseph Laplante in New Hampshire  issued a preliminary injunction preventing the executive order from taking effect. The move comes after federal judges in Maryland and Washington state issued separate injunctions last week blocking the order's enforcement nationwide. A lawyer for the ACLU, which brought the case, argued the order violated the 14th Amendment's citizenship clause and a 1898 U.S. Supreme Court ruling that recognized citizenship regardless of parents' immigration status. A U.S. Justice Department attorney contended that the plaintiffs were relying on non-binding parts of the ruling, which only guaranteed citizenship for children of parents who permanently resided in the country.

Posted by: Azya Thornton on Feb 10, 2025

The Tennessee Department of Transportation (DOT) will receive $9.6 million from the Federal Emergency Management Agency (FEMA) and state officials to clear more than 450,000 cubic yards of debris following Hurricane Helene, officials announced Friday. According to WBIR, the funding, authorized under FEMA's Public Assistance program, is expected to conclude by Feb. 28. The debris removal is taking place across roads and public property in Carter, Cocke, Greene, Johnson, Unicoi and Washington counties.


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