TBA Law Blog


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Posted by: Barry Kolar on Jan 6, 2022

The 6th Circuit Court of Appeals has upheld a Kentucky district court ruling that the president does not have the legal authority to use procurement law to mandate vaccines for the contractor workforce, the Federal News Network reports. A three-judge panel on Wednesday voted 2-1 to uphold the lower court's ruling. In that November decision, Judge Gregory F. Van Tatenhove found the 1949 Federal Property and Administrative Services Act, a law that gives the president the power to promote “economy and efficiency” in federal contracting, couldn’t be used to justify a vaccine requirement. That decision blocked the mandate in Kentucky, Ohio and Tennessee. Read the appeals court's decision.

Posted by: Suzanne Craig Robertson on Jan 6, 2022

"At the TBA, Jan. 1 marks the beginning of new initiatives," President Sherie Edwards writes in her President's Perspective column. She gives a sampling of what’s upcoming, including legislation, Your Path to Well-Being, the Women in the Profession Committee, and the SOLACE program (Support of Lawyers/Legal Personnel—All Concern Encouraged). Edwards also outlines how you can get involved in all these programs.

Posted by: Suzanne Craig Robertson on Jan 6, 2022
News Type: BPR Actions

The Supreme Court of Tennessee on Wednesday temporarily suspended Alex Fletcher Thompson from the practice of law upon finding that he was in substantial non-compliance with the terms of a monitoring agreement with the Tennessee Lawyer’s Assistance Program. Thompson is immediately precluded from accepting any new cases, and must cease representing existing clients by Feb. 4. The suspension remains in effect until dissolution or modification by the court. He may for good cause request dissolution or modification of the suspension by petition to the court.

Posted by: Barry Kolar on Jan 6, 2022
News Type: Election 2022

Dickson attorney Leonard Belmares today launched his campaign for Circuit Court Division 3 in the 23rd Judicial District, which includes Cheatham, Dickson, Houston, Humphreys and Stewart counties. He is seeking the Republican nomination. After graduating from law school in Texas, Belmares returned to his hometown, opening a solo legal practice in downtown Dickson. In addition to handling criminal and civil cases at all levels, Belmares has also served as municipal court judge in White Bluff. He has been active in supporting Dickson County CASA, an organization that recruits and trains volunteers to advocate for abused and neglected children in juvenile court, and supports creation of a veterans' court in the judicial district.

Posted by: Stacey Shrader Joslin on Jan 6, 2022
News Type: Legal News

U.S. Attorney General Merrick Garland has appointed Francis M. “Trey” Hamilton III as interim U.S. attorney for the Eastern District of Tennessee, Chattanoogan.com reports. Hamilton replaces Republican-appointee J. Douglas Overbey, who stepped down at the request of the Biden administration. Chief U.S. District Judge Travis R. McDonough administered the oath to Hamilton at the Joel W. Solomon Federal Courthouse in Chattanooga. Hamilton had been serving as acting U.S. attorney since March 1, 2021. He first joined the office as an assistant U.S. attorney in 2002. Hamilton earned his law degree from Washington & Lee University School of Law. Following law school he served as law clerk to U.S. District Court Judge Jerome Turner in the Western District of Tennessee. The interim appointment is for 120 days or until a presidential appointment is made, whichever occurs first.

Posted by: Stacey Shrader Joslin on Jan 6, 2022
News Type: Legal News

The U.S. General Services Administration (GSA) has launched an initial search for sites within the Chattanooga city limits for a new federal courthouse, Chattanoogan.com reports. Documents filed by the GSA indicate it is looking for a site between two to five acres to accommodate a building of approximately 186,000 gross square feet. Federal officials say the current courthouse no longer meets the judiciary’s requirements but the process will take time and is subject to congressional authorization and availability of funds. Site proposals should be sent to Sheri DeMartino by Jan. 31. The GSA also said it would be determining the best use and reuse opportunities for the current courthouse.

Posted by: Stacey Shrader Joslin on Jan 6, 2022
News Type: Legal News

The TBA has created a new committee, Women in the Profession, to assess the progress that has been made for women in law since the association’s first Glass Ceiling Task Force report was completed in 2012. The 14-member committee, chaired by Nashville lawyers Rebecca Blair and Lynne Ingram, also will develop programming and resources to address the unique challenges faced by women in the legal profession, including opportunities for mentoring. The group's first initiative will be a survey of all Tennessee lawyers in the spring. The 2012 Glass Ceiling Report called for practical suggestions and best practices to increase the number of female partners and women in leadership in firms and corporate legal departments, and improve the economic performance of female solo and small firm attorneys. The committee is one of TBA President Sherie Edwards’ initiatives for 2022.

Posted by: Stacey Shrader Joslin on Jan 6, 2022

In the days following the Jan. 6, 2020, attack on the U.S. Capitol, a major theme emerged in discussions among law school deans: "Without lawyers we have no democracy.” Now 14 deans have collaborated on a book breaking down the day’s events and illustrating the role lawyers play in protecting the rule of law. Beyond Imagination? The January 6 Insurrection is being released this week (pre-order on Amazon) and includes chapters on leadership, electoral politics, racism and the role of law schools in educating attorneys committed to upholding the rule of law. The deans say they hope the book will become the foundation for new law school classes, as well as continuing legal education sessions for lawyers, Reuters reports.

Posted by: Stacey Shrader Joslin on Jan 6, 2022

Nashville Post’s parent company, FW Publishing, and reporter Stephen Elliott have filed a public records lawsuit against the state seeking access to reports by the consulting firm McKinsey & Co., which was awarded a $3 million no-bid contract to assess the state’s COVID-19 recovery. The reports were completed in 2020 but the Lee administration has claimed “deliberative process privilege” to keep from releasing them, the paper reports. The suit argues the public has significant interest “in knowing the entirety of the information provided to Governor Lee.” It is the second suit of its kind. Last month, state employee Thomas Wesley sued in an attempt to gain access to efficiency reports that were part of McKinsey’s work.

Posted by: Stacey Shrader Joslin on Jan 6, 2022

Gov. Bill Lee will deny Shelby County’s request to issue a mask mandate, Action News 5 reports. Last week, the county health department said it would ask the state for permission to issue a countywide mask mandate given that the county is reporting the highest case numbers since the pandemic began. In response to the request, the governor’s office said, “Shelby County has reached out to our office. Per Tennessee state law, government mask mandates are not permitted, unless there is a statewide emergency declaration and COVID-19 numbers exceed a specified threshold.” The governor’s spokesperson went on to say Lee has no plans at this time to declare another state emergency based on the fact that while case numbers are high there is no equal increase in the number of hospitalizations.


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