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Posted by: Stacey Shrader Joslin on Jul 10, 2024

A new state law requiring licenses to be obtained to supply or sell hemp-derived products like delta 8 has been delayed, Tennessee Journal reports. The law, which requires wholesalers and retailers of these product to obtain licenses from the state and start paying a 6% tax on the sale of the products, was to have taken effect on July 1. But after months of rising concern about the lack of guidelines from the state, the Department of Agriculture announced it would not enforce the law until the end of September.

Posted by: Azya Thornton on Jul 10, 2024

A Davidson County Grand Jury indicted Vaughn Harris, Petitioner, for two counts of coercion of a witness in case number 2019-D-3061. Petitioner also separately faced charges in case number 2013-C-2114 of attempted first degree murder (Count 1) and employing a firearm during the commission of or attempt to commit a dangerous felony (Count 2). Petitioner entered global pleas of guilty in both cases—pleading to the indictment in case number 2019-D-3061 and to reduced charges of attempted voluntary manslaughter and felon in possession of a weapon in case number 2013-C-2114. The trial court sentenced Petitioner to an effective term of six years in confinement followed by six years of community corrections. Petitioner filed a timely petition for post-conviction relief, which the post-conviction court denied after a hearing. On appeal, Petitioner alleges he was denied the effective assistance of counsel and that his guilty pleas were entered involuntarily because of coercion. After review, we affirm the judgment of the post- conviction court.

Posted by: Stacey Shrader Joslin on Jul 10, 2024

State officials have voted for the second time to keep Nathan Bedford Forrest’s name on a building at Middle Tennessee State University (MTSU). According to WPLN, the Tennessee Historical Commission voted down a request from the university to rename Forrest Hall. After the vote, MTSU President Sidney McPhee said the decision was disheartening but the fight to change the name is not over. The commission supported removing a bust of Forrest, a Confederate general and first Grand Wizard of the Ku Klux Klan, from the state capitol in 2021.

Posted by: Stacey Shrader Joslin on Jul 10, 2024

The TBA has learned that a fraudulent email, purporting to be from the TBA president, has been in circulation. If you received an email from a sender using the domain name “member-tba.org” please know that this is not a TBA domain, and the email is not from the association. Email addresses obtained for this scam did not come from the TBA or TBA President Ed Lanquist. The TBA encourages lawyers to block this sender and report any emails received as fraudulent/phishing. Those with questions or concerns about this issue should contact Assistant Executive Director Lanny Brown.

Posted by: Stacey Shrader Joslin on Jul 10, 2024

The Tennessee Supreme Court today held that when a trial judge misunderstands the role as “13th juror” in a civil case, appellate courts should send the case back to the trial judge to review the case instead of automatically requiring the parties to go through a new trial. If the trial court is unable to fulfill the role of 13th juror on remand, only then should it order a new trial. Under the “13th juror” rule, the trial judge independently reviews the evidence and decides whether he agrees with the verdict of the 12 jurors. If he disagrees, the parties must re-try the case. The court also used the case to find that a claim of unjust enrichment does not require a voluntary conferral of a benefit, reversing the Court of Appeals and upholding the trial court’s dismissal of unjust enrichment claims. In addition, the court declined Plaintiffs’ invitation to create a new tort for the misappropriation of a statutory right of redemption. 

Posted by: Stacey Shrader Joslin on Jul 10, 2024

July is Disability Pride Month, and the American Bar Association (ABA) is celebrating the "immense resilience, creativity and contributions of individuals with disabilities” and bringing awareness to its Commission on Disability Rights, which focuses on enhancing opportunities for lawyers with disabilities and advocating for disability-related public policy and laws. The group notes in a statement that this month marks 34 years since enactment of the Americans with Disabilities Act (ADA), which fundamentally redefined accessibility and inclusion. The ARC has more on the annual celebration and this year's theme, "We Want a Life Like Yours," which "reflects the disability community’s dreams for life experiences that they are too often denied."

Posted by: Stacey Shrader Joslin on Jul 10, 2024

Choosing a document management system is like buying a house or a car: it’s pricey, important and will hopefully last a while. Use this list to decide what’s important to you before you go shopping. Find this and more in the Document Management section of TBA’s Law Firm in a Box.

Posted by: Julia Wilburn on Jul 10, 2024

Join members of the TBA Attorney Well Being Committee for a live interactive roundtable for law students and young lawyers on how best to manage work-life balance as a legal professional. This 45-minute Zoom event on Sept. 25 at 12:30 p.m. CDT will feature seasoned lawyers discussing their day-to-day practice, and provide effective tools for personal well-being. The event is free and open to all currently enrolled law students and TBA members but registration is required. Questions and feedback are encouraged for this interactive roundtable. Submit questions in advance to jword@tnbar.org.

Posted by: Laura Labenberg on Jul 10, 2024

At the TBA Convention in June, YLD Board members were asked to submit tips on incorporating wellness into their lives as attorneys. We will be sharing these tips and other wellness ideas over the next year. Starting off, here are two tips that can help navigate the stresses of being an attorney.

  • Exercise daily. Find what you love — yoga, swimming, hiking, gardening, weight lifting. Aim for 30 minutes a day.
  • Several young attorneys noted that they try to take a 15-minute break each morning and afternoon to step away from their desks. This not only helps to get the body moving but provides a break from the computer. Do a lap around the office or if the weather is nice, take your break outside and take a walk around the block. Fresh air and sunshine can help mitigate and manage stress.
Posted by: Stacey Shrader Joslin on Jul 9, 2024

Chattanooga lawyer Maurice Richard “Bemo” Bowen Jr. died June 30 at the age of 84. After graduating from Vanderbilt Law School in 1964, Bowen joined the Chattanooga firm of Goins, Gammon, Baker & Robinson. In 1968, he served as a partner at Duncan, Bowen & Breazeale until 1972. From 1972-1974, he was partner in the firm of Grant, Clements & Bowen. He retired from Grant, Konvalinka & Harrison less than two years ago. The firm has more on his career. Services will be at St. Paul’s Episcopal Church, 305 W. 7th St., Chattanooga, TN 37402, on Friday at 11 a.m. EDT. Visitation will take place at 10 a.m. in the Ava Wright Room. Memorial donations may be made to the church or the charity of choice.


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