TBA Law Blog


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Posted by: Stacey Shrader Joslin on Jan 5, 2022

The Vanderbilt Law Immigration Practice Clinic and Justice for Our Neighbors will hold a free virtual training for lawyers willing to provide pro bono representation to Afghans who have resettled in Nashville and need pro bono assistance to file their applications for asylum. Since the American withdrawal from Afghanistan, 83,000 Afghans have arrived in the United States including approximately 300 in the Nashville area. The training will provide a broad overview of asylum and the elements of applying for asylum. The session will be held Jan. 12 from 9 to 11 a.m. CST. Register here.

Posted by: Stacey Shrader Joslin on Jan 5, 2022
News Type: Wellness Wednesday

Procrastinators take heart! You can actually use your procrastination tendencies to create effective to-do lists. There are many reasons for procrastination and while everyone procrastinates at some level, chronic procrastination can have serious consequences. Those who consistently fail to meet deadlines may find themselves in hot water. Don’t know where to start? Freelance writer Anisa Purbasari Horton offers several tips, including figuring out what can be eliminated from your list and what can be automated; breaking big tasks into smaller chunks; creating project-specific rather than day-specific lists; and creating a “low-energy” list of quick and painless tasks that can be done when you don’t have the bandwidth for a major project. Read more in Horton’s full article from Fast Company.

Posted by: Stacey Shrader Joslin on Jan 5, 2022
News Type: Legal News

Anderson County District Attorney General Dave Clark recently announced that his office has received a grant to hire a prosecutor who will specialize in domestic violence, the Oakridger reports. The grant includes funding for an assistant district attorney general and associated costs for a period of two years. The federal funds came through a program administered by the Tennessee Department of Finance – Office of Criminal Justice Programs

Posted by: Stacey Shrader Joslin on Jan 5, 2022
News Type: TBA CLE

Join the TBA Construction Law Section for its 2022 virtual forum on Jan. 28 from 9 a.m. to 1:15 p.m. CST. The program will explore the unique aspects of the mechanics' and materialmen's lien law as well as issues such as when liens on leaseholds are proper, who qualifies as an "owner" for purposes of serving notices of nonpayment and lien, and what exactly is "visible commencement of operations" and "completion of the improvement." There will also be an ethical discussion on several topics, including whether an attorney can "bluff" by serving a notice of nonpayment and/or notice of lien when certain prerequisites have not been satisfied. The half-day CLE program qualifies for three hours of general credit and one hour of dual credit.

Posted by: Stacey Shrader Joslin on Jan 4, 2022
News Type: Legal News

Four Waller Lansden attorneys have joined the Nashville office of New York-based law firm Epstein Becker Green. Christopher Dunn, Jeremy Oliver and Keith Randall are joining the firm as members, while Briant Shumard is joining as an associate, Nashville Post reports. The four focus on health care construction matters, including design, construction and real estate litigation for health care providers and real estate investors. The firm established its Nashville presence in 2017 and picked then-Waller partner Richard Westling to launch the office.

Posted by: Stacey Shrader Joslin on Jan 4, 2022

The Tennessee Court of Workers’ Compensation Claims says it will continue to proceed with its plan to hold in-person settlements beginning this month but with “a broad caveat.” The court now says it will be up to local judges, the employee and their counsel, and the employer and their counsel to make a collective judgement about how to proceed. Bottom line? The court says to call the office where an in-person settlement is sought to see if it can be safely arranged.

Posted by: Barry Kolar on Jan 4, 2022
News Type: Legal News

Longtime Tennessee Bar Journal Editor Suzanne Craig Robertson has announced that she plans to leave the TBA later this spring. Robertson has edited the Tennessee Bar Journal and anchored the TBA’s award-winning communications team for more than 34 years. “We are sad to lose her, and grateful for all she has given to the TBA over the years,” TBA Executive Director Joycelyn Stevenson said. “She will be greatly missed by all of us and the hundreds of members she has worked with over the years who appreciate her talent as a writer and editor, her intelligence, her passion, her personality and her loyalty.” Robertson said it has been “a wrenching decision because I love this magazine and this association. It has been my honor to work with this staff, Editorial Board, columnists and other volunteers all these years, doing this important work for Tennessee lawyers.”

Posted by: Stacey Shrader Joslin on Jan 4, 2022
News Type: BPR Actions

Lawrence County lawyer Thomas Joseph Dancison Jr. received a censure from the Tennessee Supreme Court on Dec. 30. The court found that Dancison, while representing a client in a domestic matter, created a conflict of interest by engaging in sexualized conversation and conduct. Dancison pled guilty to simple assault pursuant to Tenn. Code Ann. § 39-13-101(a)(3) for intentional or knowing physical contact with a client that a reasonable person would consider “extremely offensive or provocative.” His actions violated Rules of Professional Conduct 1.7 and 8.4.

Posted by: Stacey Shrader Joslin on Jan 4, 2022

Two federal judges have blocked President Joe Biden's vaccine mandate for the Head Start program within the past few days. Louisiana Judge Terry Doughty blocked the mandate in 24 states — including Tennessee — while Judge James "Wesley" Hendrix issued an almost identical ruling in Texas, Knoxnews reports. Doughty's ruling said the Biden administration failed to provide proper notice and public comment period for the order and does not have the power to issue the mandate without congressional authority. It was Doughty's second injunction against a Biden vaccine mandate. He earlier blocked a requirement for health care workers.  Tennessee Attorney General Herbert H. Slatery III joined the multi-state lawsuit on Dec. 21.

Posted by: Stacey Shrader Joslin on Jan 4, 2022

The state has asked a federal judge to halt his previous order on masks in schools while a newly filed appeal is pending in a higher court, the Tennessean reports. Last Thursday, attorneys for the state filed a motion in federal court asking U.S. District Judge Waverly D. Crenshaw to delay implementing his Dec. 10 order, which blocked a new state law that would prevent schools from issuing mask mandates and strip local health and school officials of their ability to set COVID-19 quarantine policies. Crenshaw had blocked the state ban on mask mandates at the request of parents seeking to protect students with disabilities under the Americans with Disabilities Act (ADA). The state argues that existing disability accommodation laws provide enough protection for students and the law in question allows for individual ADA accommodations.


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