TBA Law Blog


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Posted by: Kate Prince on Dec 7, 2021
News Type: Legal News

U.S. District Judge Aleta Trauger last week ordered eight men be removed from the state’s sex offender registry, admonishing the state for its retroactive enforcement of some sex offender laws, the Associated Press reports. Trauger pointed to a previous ruling in the Middle District in which a judge ordered two men be removed from the registry, finding it was unconstitutional to subject them to sex offender laws that were written after they committed their offenses. “Tennessee officials continue to flout the Constitution’s guarantees,” Trauger wrote. The state argued all eight men should be kept on the registry as a matter of public safety, but Trauger ruled the state did not provide enough meaningful evidence to suggest the plaintiffs pose a threat.

Posted by: Kate Prince on Dec 7, 2021
News Type: TBA CLE

Two webcasts produced by the TBA Business Law Section are set to premiere this month. New Online Filing Requirements with the Secretary of State, set to air on Dec. 13 from 1 to 2 p.m. CST, will offer a demonstration of the state’s new mandatory filing system for documents pertaining to businesses and charities. Relational Contracts & the Pandemic: Guidance for Practitioners is scheduled for Dec. 15 from noon until 1 p.m. CST and will feature information on relational contracts and relational contracting and assess the utility and desirability of using relational contracting in times of uncertainty. Use the prepaid CLE credits that come with your TBA Complete Membership to save on this course. Not a TBA member? Join now to start saving.

Posted by: Kate Prince on Dec 7, 2021

The Governor’s Council for Judicial Appointments is meeting today and tomorrow at 9 a.m. CST to consider 10 applicants for the open vacancy on the Tennessee Supreme Court. The council will interview William Blaylock, Sarah Campbell, Kristi M. Davis, Timothy L. Easter, Kelvin D. Jones, William Neal McBrayer, J. Douglas Overbey, Jonathan T. Skrmetti, Gingeree Smith and Jeffrey Usman during the two-day hearing. An eleventh candidate, Robert F. Parsley, withdrew his application for the seat. Anyone may attend the public hearings in the Tennessee Room of the Tennessee State Library and Archives located at 1001 Rep. John Lewis Way North, Nashville, Tennessee 37219. The Administrative Office of the Courts has more information on the event.

Posted by: Stacey Shrader Joslin on Dec 6, 2021

The TBA Adoption Law Section will host part two of its “Best Interest Series” on Dec. 15 from 2 to 4 p.m. CST. The free virtual webinar will feature adoption law expert Dawn Coppock talking about the medical and psychological underpinnings of attachment. She also will cover how the best interest factors for termination of parental rights have been revised to incorporate current research. Register here. CLE credit is available on request for a fee of $90.

Posted by: Stacey Shrader Joslin on Dec 6, 2021

A new study from the Pew Charitable Trusts found that the COVID-19 pandemic caused civil courts to adopt technology at an unprecedented pace and scale, which in turn improved participation in court proceedings and helped resolve disputes more efficiently. But, the changes disproportionately benefited people and businesses with legal representation, and in some cases made it more difficult for those trying to navigate the system on their own. Those without computers or high-speed internet faced new challenges and little was done to provide technology accommodations for those with disabilities or who were not English proficient. In a report accompanying the study, Pew recommends that courts do more, including simplifying forms and procedures and collecting and analyzing data to guide future decisions. Read more from Bob Ambrogi’s Law Sites Blog.

Posted by: Stacey Shrader Joslin on Dec 6, 2021

Some state lawmakers are questioning the need for the October COVID-19 special session now that several judges have blocked federal vaccine mandates and a state agency has suspended the granting of exemptions for business that want to implement vaccine requirements. Tennessee Lookout reports on the dynamic between lawmakers who say the General Assembly may have been hasty in convening the session and those who say the special session was needed to protect personal health decisions, individual freedoms and liberties. In a separate piece, the news source's capitol reporter writes in "Stockard on the Stump" that the legislature could end up rescinding some of the measures passed in the special session.

Posted by: Stacey Shrader Joslin on Dec 6, 2021
News Type: Legal News

The intellectual property law firm Merchant & Gould PC, with has an office in Knoxville and six other cities, has added a new practice group that will focus on disputes before the U.S. International Trade Commission (ITC). The International Trade Commission (ITC) Group will sit within the firm’s Litigation Practice and handle matters for both patent and non-patent clients. The firm reports that Section 337 investigations before the ITC are considered a specialty within the broader field of intellectual property and unfair competition litigation. Cases typically blend traditional intellectual property issues with trial practice and administrative procedure.

Posted by: Stacey Shrader Joslin on Dec 6, 2021
News Type: Upcoming

The Nashville Chapter of the American Constitution Society will hold its annual U.S. Supreme Court Preview on Wednesday at noon CST. The one-hour presentation will feature Erwin Chemerinsky, dean and professor of law at the University of California Berkeley School of Law. The cost is $30 for attorneys and $15 for judges and law students. Register online.

Posted by: Stacey Shrader Joslin on Dec 6, 2021

Legal Aid of East Tennessee (LAET) is celebrating the 10th anniversary of its Pro Bono Christmas Tree at the Hamilton County Courthouse this year. The tradition involves a tree festooned with handmade cards, each containing a description of a pro bono case in need of a volunteer attorney. Attorneys may visit the tree throughout the holiday season and take a case for representation. Local judges have been invited to help decorate and light the tree Wednesday at noon EST. The group is also running a “12 Days of Pro Bono” challenge on social media to match cases across its region with lawyers by the end of the year. Follow along on Facebook or Instagram for details. For more information contact Mary Frances DeVoe.

Posted by: Stacey Shrader Joslin on Dec 6, 2021
News Type: Legal News

The Tennessee Attorney General’s Office is urging consumers to beware of scammers looking to steal money and personal information over the holidays. Through its Division of Consumer Affairs, the office today released a list of the most common scams reported this fall, a number of “red flags” to watch for when receiving unsolicited calls and emails, and how to report suspected fraud. Learn more here.


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