TBA Law Blog


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Posted by: Kate Prince on Jul 7, 2022
News Type: Legal News

A celebration of life for former Davidson County General Sessions and Circuit Court Judge Barbara Haynes has been set for July 16 at 1:30 p.m. CDT at Westminster Presbyterian Church, 3900 West End Ave., Nashville. Haynes passed away in January after a long illness. She was 84. Haynes was the first woman elected general sessions judge in the county and was later elected to the circuit court. Guests are asked to consider wearing orange in honor of Haynes’ love for the UT Vols or red as she was proud to wear a red robe on the bench. Guests are also invited to join the family at the Hillwood Country Club afterwards and toast to Haynes. The Tennessean has more on the ceremony and Haynes’ life.

Posted by: Kate Prince on Jul 7, 2022
News Type: Legal News

Five attorneys have applied to fill a vacancy on the Sixth Judicial District Criminal Court, which includes Knox County. The vacancy was created after Judge Kyle A. Hixon was confirmed to the Criminal Court of Appeals – Eastern Section. Emily Faye Abbott, Ashley McDermott, Nathaniel R. Ogle, Hector I. Sanchez and Wesley D. Stone will appear before the Trial Court Vacancy Commission public hearing on Aug. 2 for interviews. The hearing will begin at 9 a.m. EDT and will result in the commission forwarding three names to Gov. Bill Lee for his consideration. The Administrative Office of the Courts has more information on the applicants.

Posted by: Kate Prince on Jul 7, 2022
News Type: Legal News

Civil rights icons Diane Nash and Fred Gray were this afternoon awarded the Presidential Medal of Freedom by President Joe Biden, the Tennessean reports. The nation’s highest civilian honor, the Medal of Freedom is awarded to people who made significant contributions in the U.S. or internationally in politics, philanthropy, science, sports, the arts and other arenas. Gray, a civil rights attorney and global icon for Black American jurists, and Nash, a civil rights activist, were among 15 who received the award. "Fred’s legal brilliance and strategy desegregated schools and secured the right to vote," Biden said of Gray during the ceremony. The president also praised Nash’s "unshakeable courage," during the Civil Rights Movement.

Posted by: Kate Prince on Jul 7, 2022
News Type: Passages

Memphis lawyer Terry Smart died on June 26. He was 75. A graduate of the Memphis State Law School, where he would later serve as an adjunct professor, Smart practiced law in Memphis his entire career. After he retired from the legal profession, Smart co-authored "Evans Duck Decoy Factory, a Collectors Comprehensive Pictorial Reference Guide,” a book about the history of duck decoys. Smart was an avid decoy collector and a large sample of his decoys can be found on display at the Ducks Unlimited Museum in Memphis’ Bass Pro Pyramid. Services will be provided for Smart at the Goosepond Cemetery in Scottsboro, Alabama. In lieu of flowers, please make donations to the Goosepond Cemetery, (251) 259-1069.

Posted by: Stacey Shrader Joslin on Jul 7, 2022
News Type: Legal News

Legal Aid of East Tennessee recently inducted Polly Peterson into its Tony Seaton Pro Bono Hall of Fame, which recognizes a lifelong commitment to the organization and access to justice. LAET notes that Peterson was a longtime staff attorney with the organization. Following her retirement, Peterson continued to serve her most disadvantaged neighbors at the Kingsport Bar Association Legal Advice Clinics and Sullivan County Pro Se Days. Peterson was inducted by Michael Forrester, 2019 hall of fame member and partner at Hunter, Smith & and Davis in Kingsport.

Posted by: Kate Prince on Jul 7, 2022

The Tennessee Supreme Court today adopted amendments to Rule 46 regarding electronic filing. The revised rule replaces the prior transitional Rule 46 and continues to authorize parties to e-file documents voluntarily. Read the order, which went into effect on July 1.

Posted by: Kate Prince on Jul 7, 2022
News Type: Legal News

The Knoxville News Sentinel is suing the city for public records that would reveal the process used by Mayor Indya Kincannon to screen police chief candidates. New Orleans Police Deputy Superintendent Paul Noel was hired for the job after a private national search firm was hired by the city to help Kincannon with the hiring process. According to Knox News, the city now maintains that the use of the outside company shields it from state open records law. The paper says it rejects that position. "The city is intentionally and knowingly trying to hide public business from voters and taxpayers, and we're willing to fight to obtain records that legally are public documents," said Joel Christopher, Knox News executive editor. Christopher went on to say that the paper has no issues with the hiring of Noel, but the “secretive process that insults the concept of conducting the people's business with transparency."

Posted by: Kate Prince on Jul 7, 2022
News Type: Legal News

The Food and Drug Administration (FDA) and e-cigarette company Juul yesterday agreed to suspend their court battle while the government reopens its review of the company’s product, the Associated Press reports. In June, the FDA banned the sale of Juul’s e-cigarettes, but a day later the ban was temporarily blocked by a federal appeals court. Earlier this week, the FDA placed a hold on the ban, saying that Juul’s application warranted “additional review.” The FDA said it originally ordered the ban because Juul’s application, which must show how their e-cigarettes benefit public health, left regulators with significant questions. Juul argued it had submitted enough information to address all questions and issues. If the FDA eventually decides to reimpose its ban, Juul will have 30 days to seek another stay, according to the filing. In related news, a New York court yesterday rejected Juul’s attempt to dismiss a 2019 lawsuit brought by New York Attorney General Letitia James. The suit, which accuses Juul of fueling teen nicotine addiction through deceptive and misleading marketing, can now proceed, Reuters reports.

Posted by: Kate Prince on Jul 7, 2022
News Type: Your Career

The 26th District Public Defender’s Office in Jackson is in search of an assistant public defender. The position consists of representation of indigent defendants in the Circuit courts of Madison County. Experience is preferred but not required. Salary is dependent on experience. Compensation package includes benefits such as health, dental and vision insurance, as well as retirement plans. Candidates should email resumé and a list of three references to Sherry Koffman. Read more about this posting and see others like it on the TBA’s JobLink site.  

Posted by: Kate Prince on Jul 7, 2022
News Type: BPR Actions

The Tennessee Supreme Court yesterday disbarred Sullivan County attorney Jason R. McLellan from the practice of law. McLellan misappropriated estate funds in the representation of a client and attempted to conceal the misappropriation, made misrepresentations to a court, engaged in conduct involving dishonesty, fraud, deceit and misrepresentation, failed to abide by a client’s decision regarding the dismissal of a pending lawsuit, failed to reasonably consult with a client about the means by which the client’s objectives were to be accomplished, and failed to obtain the client’s informed consent before taking action. He also failed to keep client information confidential, failed to withdraw after a conflict of interest developed, allowed a third person to direct his professional judgment, failed to comply with his ethical requirements upon discharge from representation, and failed to comply with the requirements of a suspended attorney. Finally, he failed to comply with court orders, and failed to respond to disciplinary complaints. He is not eligible for reinstatement in Tennessee.


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