TBA Law Blog


40,870 Posts found
Previous • Page 1054 of 4,087 • Next
Posted by: Kate Prince on Jun 28, 2022
News Type: Legal News

The U.S. Court of Appeals for the District of Columbia Circuit has granted a request from Juul Labs Inc. to temporarily block a government ban on its e-cigarette production, NPR reports. The Food and Drug Administration (FDA) last week said Juul must stop selling its vaping device and its tobacco and menthol flavored cartridges, an action the company called “extraordinary and unlawful.” Juul said that the FDA cannot argue that there was a "critical and urgent public interest" in immediately removing its products from the market when the agency allowed them to be sold during its review. A three-judge panel from the appeals court granted Juul's request for a hold while the court reviews the case.

Posted by: Kate Prince on Jun 28, 2022
News Type: Passages

Forrest Bedford Smith Jr. died on May 5. He was 87. Smith grew up in Shelbyville and was a longtime Nashville area resident before moving to Florida upon retirement. He began his career as an engineer with the Arnold Engineering Development Complex (AEDC), where he was employed when he graduated from the Nashville School of Law and passed the bar exam in 1975. While at AEDC he was responsible for developing the center’s strategic planning process that set a national standard for government organizations. Celebration of life services will be held July 9 at 10 a.m. CDT at First United Methodist Church, 122 Public Square N., Shelbyville. In lieu of flowers donations may be made to First United Methodist Church of Shelbyville or a charity of your choice.

Posted by: Kate Prince on Jun 28, 2022

The 6th Circuit Court of Appeals has vacated an injunction that blocked Tennessee’s “fetal heartbeat” law. That law bans abortions as early as six weeks into pregnancy, the Tennessean reports. The Attorney General’s office filed an emergency motion on Friday after the U.S. Supreme Court overturned Roe v. Wade, arguing it had “a valid interest in protecting the lives of unborn Tennesseans" and asking for a rapid ruling. The SCOTUS ruling also triggered legislation passed by state lawmakers in 2019 that will enforce a near-total abortion ban in 30-days. According to Nashville’s NewsChannel 5, that law will focus on doctors who perform abortions and could potentially prosecute women who have abortions.

Posted by: Stacey Shrader Joslin on Jun 27, 2022

The Tennessee Supreme Court unanimously voted yesterday to reverse a Davidson County trial court’s calculation of attorney fees. The trial court had sought to limit the award of attorneys fees to a homeowner who had sued a contractor over work she found to be unsatisfactory. The contractor had countersued alleging breach of contract and then amended his suit to increase the amount of damages being sought. The trial court dismissed the contractor’s suit and the homeowner sought attorneys fees. The court limited the fee to legal work done after the amended countersuit was filed. The Supreme Court reversed saying the legislature allowed attorneys fees to discourage frivolous claims. Because the amended countersuit contained the same breach of contract claim as the original, the court said the homeowner should be able to collect the full amount of fees allowed under law. Read more from the court or access the opinion.

Posted by: Stacey Shrader Joslin on Jun 27, 2022
News Type: U.S. Supreme Court

The U.S. Supreme Court today ruled 6-3 in favor of a high school football coach who lost his job because of his post-game prayers at the 50-yard line. By a vote of 6-3, the justices ruled that Joseph Kennedy’s conduct was protected by the First Amendment, SCOTUSblog reports. Writing for the court, Justice Neil Gorsuch said that the school district’s prohibition on prayer targeted Kennedy’s religious conduct, rather than applying a neutral rule, and that the prayers were conducted during a time when other coaching staff were “free to engage in all manner of private speech.” As for the peer pressure students might feel, Gorsuch wrote: “Learning how to tolerate speech or prayer of all kinds is ‘part of learning how to live in a pluralistic society,’ a trait of character essential to ‘a tolerant citizenry.’” The three dissenting judges said Gorsuch had “misconstrue[d] the facts” of the case, depicting Kennedy’s prayers as “private and quiet” when the prayers had actually caused “severe disruption to school events.”

Posted by: Barry Kolar on Jun 27, 2022
News Type: Legal News

The TBA Board of Governors chose Aaron J. Chapman to fill the open District 1 seat on the board during its recent meeting in Nashville. Chapman, a solo practice attorney in Morristown, is a graduate of the University of Tennessee College of Law and currently serves in the TBA House of Delegates, as well as on the board of Legal Aid of East Tennessee. The First District includes the counties of Carter, Claiborne, Cocke, Grainger, Greene, Hamblen, Hancock, Hawkins, Jefferson, Johnson, Sevier, Sullivan, Unicoi and Washington.

Posted by: Stacey Shrader Joslin on Jun 27, 2022

President Joe Biden has signed into law the most wide-ranging gun violence prevention bill passed by Congress in nearly 30 years, The Hill reports. The bill, known as the Bipartisan Safer Communities Act, enhances background checks for gun purchasers between the age of 18 and 21, makes obtaining firearms through straw purchases or trafficking a federal offense, and clarifies the definition of a federally licensed firearm dealer. It allocates $750 million to help states administer red flag laws, which seek to keep guns away from people deemed a threat to themselves or others, and includes funding for mental health treatment. Finally, it closes the so-called “boyfriend loophole” by barring individuals from possessing a firearm for at least five years if they are convicted of a misdemeanor crime of violence involving a current or former romantic partner.

Posted by: Stacey Shrader Joslin on Jun 27, 2022

A recent survey by The National Judicial College shows that 97% of the judges who responded think U.S. Supreme Court justices should be bound by an ethics code. The college, which provides training for judges, conducted the poll after the U.S. House Judiciary Committee advanced a bill directing the Supreme Court to adopt such a code. Lower-court federal judges are already subject to a code of conduct. But while Supreme Court justices consult the code and other sources for ethical guidance, they are not bound by it, Reuters reports. The Supreme Court did not respond to requests for comment. But in his 2011 end-of-the-year report, Chief Justice John Roberts said the court had "no reason" to adopt the code because “every Justice seeks to follow high ethical standards."

Posted by: Jarod Word on Jun 27, 2022
News Type: Upcoming

The TBA is hosting a new book club that will meet quarterly over the next 12 months. We want your input in choosing the first book. The first series of books involves a theme of racial relations and disparities through personal, societal and legal perspectives. We have created a webpage featuring three suggested books to kick off this initiative. Learn more and vote on the first book by July 11, then watch for more details to participate in this virtual book club.

Posted by: Stacey Shrader Joslin on Jun 27, 2022
News Type: Legal News

University of Tennessee College of Law graduates Monique Brown-Dixon, Kameron Dawson, Cashauna Lattimore and Sarah Nwankwo will each receive $2,500 to help them pay off law school debt through the Baker, Donelson, Bearman, Caldwell, & Berkowitz Loan Repayment Assistance Program. The firm annually provides financial support to graduates who obtain employment in the field of public interest law. Brown-Dixon, a 2019 graduate, is an assistant district attorney in Camden County, Georgia. Dawson, also a 2019 graduate, works with the Nashville-based organization A Better Balance to advance justice for workers. Lattimore, a 2011 graduate, works with the 4th Judicial District Public Defender’s Office in Dandridge. And Nwankwo, a 2022 graduate, will work in the juvenile division of the Fulton County, Georgia, Public Defender’s Office after passing the bar.


Previous • Page 1054 of 4,087 • Next