TBA Law Blog


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Posted by: Stacey Shrader Joslin on Aug 3, 2022
News Type: Legal News

Attorney General Herbert H. Slatery III has filed a lawsuit against Walgreens in Knox County Circuit Court for violations of the Tennessee Consumer Protection Act, violating Tennessee’s public nuisance statute, and creating a common law public nuisance through the unlawful sale and distribution of opioids. The suit argues that the company’s failure to maintain effective controls against abuse and diversion has directly contributed to the ongoing opioid crisis in the state. “Walgreens did not flood the State of Tennessee with opioids by accident,” Slatery said. Rather, it “was the result of knowing — or willfully ignorant — corporate decisions.”

Posted by: Stacey Shrader Joslin on Aug 3, 2022
News Type: U.S. Supreme Court

Legal educators, law student organizations, bar associations and law firms this week flooded the U.S. Supreme Court with amicus briefs asking it to uphold the use of affirmative action in college admissions, Reuters reports. The 15 groups filing briefs included the American Bar Association, the National Black Law Students Association, the National Women’s Law Center and the National LGBTQ+ Bar Association. They argue that affirmative action is key to diversifying the legal profession and addressing bias in the justice system and while race-conscious policies have helped grow the pipeline of minority lawyers, diversity still lags. The case before the court seeks to bar Harvard University and the University of North Carolina from considering race in undergraduate admissions.

Posted by: Stacey Shrader Joslin on Aug 3, 2022
News Type: Politics

The Nashville Metro Council last night voted 22-10 against a draft agreement paving the way for the Republican National Convention to be hosted in Nashville in 2024, the Nashville Post reports. Those opposed to the proposal expressed concerns about possible violence at the event. State officials, all of them Republican, have hinted at possible retribution for Nashville’s unwillingness to host the event. “The people of Tennessee will remember this vote for a long time and so will I,” House Majority Leader William Lamberth, R-Portland, said after the vote.

Posted by: Stacey Shrader Joslin on Aug 3, 2022
News Type: Legal News

President Joe Biden today signed a second executive order intended to improve access to abortion services, the Associated Press reports. In remarks at the signing, Biden reiterated his call for Congress to protect the right to abortion access in federal law. The order directs the Health and Human Services Department to consider actions to help patients travel outside their states for abortions using funds from Medicaid. The order also directs the department to ensure health care providers comply with federal non-discrimination laws. The order follows a July executive order that directed the department to identify ways it can help expand abortion access.

Posted by: Stacey Shrader Joslin on Aug 3, 2022
News Type: Legal News

A Tennessee-based federal judge has issued a temporary restraining order against anti-abortion group Operation Save America after it attempted to block access to two reproductive health clinics in Nashville and Mt. Juliet last week, the Tennessean reports. Police arrested several during escalating demonstrations, which included playing the sounds of a baby crying and entering the clinic under false pretenses. One of those arrested had a gun outside the clinic while another said the group planned to “terrorize” the building. U.S. District Judge Waverly Crenshaw issued the order last Friday finding that the group had "engaged in and plan to continue to engage in physically obstructing the entrance ... and threatening facility staff and patients." A hearing is set for Friday to determine if further court action is needed.

Posted by: Kate Prince on Aug 3, 2022
News Type: Team TBA

Meet TBA’s Director of Finance & Accounting Derrick Dishner! Derrick oversees the processing of payables, budgeting and monthly financial reporting at the TBA. He says knowing that he’s “nurturing the financial health of the organization to keep it healthy for another 100 years” is the best part of his job! Don’t be jealous, but Derrick has two big trips coming up this year – a trip down the Rhine and to the Baltic!

The #TeamTBA series offers members a behind-the-scenes look at the inner workings of the TBA and how each staff members makes the association run. Check back every Wednesday for a new staff profile in TBA Today and on the TBA's Facebook Twitter and Instagram accounts.

Posted by: Stacey Shrader Joslin on Aug 3, 2022
News Type: Election 2022

In the third edition of the TBA Criminal Justice Section’s survey of candidates in contested district attorney general races across the state, we hear from Shelby County candidates: District Attorney Amy Weirich (incumbent) and challenger Steve Mulroy, a criminal defense lawyer and professor at the University of Memphis Cecil C. Humphreys School of Law. The section asked them seven questions, including how they will address rising homicide rates, their views on bail bond reform, and whether they believe racial and ethnic disparities exist within the criminal justice system. Read the full interviews. Voters will decide contested district attorney general races across the state tomorrow.

Posted by: Stacey Shrader Joslin on Aug 3, 2022
News Type: BPR Actions

The Tennessee Supreme Court today ordered that Georgia lawyer James Darren McWilliams be reinstated to the practice of law in Tennessee as of July 19. McWilliams had been placed on inactive status on August 25, 2011. He petitioned the court for reinstatement and the Board of Professional Responsibility informed the court that the petition was satisfactory.

Posted by: Stacey Shrader Joslin on Aug 3, 2022
News Type: Wellness Wednesday

TBA’s member benefit partner Clio is out with a piece about lawyer stress levels, including why it is stressful to be a lawyer and seven ways to reduce stress. The authors write that high stress levels in the legal profession should not be surprising: lawyers work long hours, rarely get down time and are subject to client expectations that can be unrealistic. But lawyers should not simply accept stress as part of the job. Instead, they can work to recognize symptoms and develop healthy responses to stressors. Clio has these seven suggestions: recognize you are not alone, find a workplace that supports you, create processes to manage workload, utilize technology to maximize efficiency, consider alternative fee arrangements to reduce time spent on fee disputes, utilize a paralegal when possible, and find a legal mentor to help with setting boundaries and delegating. Read more about each of these recommendations.

Posted by: Stacey Shrader Joslin on Aug 3, 2022
News Type: TBA CLE

The Tennessee Bar Association's 34th Annual Health Law Forum is back in person this year, taking place Oct. 20-21 at the Music City Center in downtown Nashville. This year's program will include a keynote address by recently appointed Interim Health Commissioner Dr. Morgan McDonald and sessions on fraud and abuse, current and future issues in artificial intelligence and machine-based learning, the latest on research and clinical trials, and post-Roe concerns for health care workers. The two-day event also will include a legislative update and review of recent state case law. For those interested in learning more about the health law field, the 22nd Annual Health Law Primer will take place Oct. 19 at the Nashville office of Bass, Berry & Sims. That program will run from noon to 4:30 p.m. CDT. Discounted hotel rates are available for those attending these programs at the Hyatt Centric. Book your accommodations using this link.


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