TBA Law Blog


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Posted by: Kate Prince on Nov 22, 2021

The U.S. Supreme Court has unanimously sided with Tennessee in a 15-year legal battle with Mississippi over the rights to water in an aquifer that runs under both states, the Daily Memphian reports. Mississippi originally sued Memphis and Memphis Light, Gas and Water Division (MLGW) in 2005, claiming it was the exclusive right of DeSoto County to use the water and asking for $615 million in damages. The Supreme Court today rejected the claim that Tennessee had been wrongly taking water from Mississippi and ruled that MLGW has the right to pump water from the aquifer. Memphis Mayor Jim Strickland said the ruling “ensures that Memphians will continue to enjoy drinking water from the aquifer for generations to come.” Tennessee Attorney General Herbert Slatery in a statement applauded the high court for its ruling, calling it a “clear victory for Tennessee on all issues, and for all states who share underground water resources.”

Posted by: Kate Prince on Nov 22, 2021
News Type: TBA CLE

The TBA is offering a rare discount on select CLE packages as part of its Cyber Monday promotion. TBA members save up to 40%! Program topics include ethics updates, attorney wellness, law practice management, legislative updates, diversity and inclusion and more. Sale ends Nov. 30. Learn more and view package options.

Posted by: Kate Prince on Nov 22, 2021

The Tennessee Court of Workers’ Compensation Claims has rescinded an order first issued by the chief judge of the court in 2020 and amended in May, regarding health and safety procedures for in-person hearings. The order was rescinded given the passage of Title 14, COVID-19, of the Tennessee Code. Read more from the court.  

Posted by: Kate Prince on Nov 22, 2021
News Type: Legal News

Gov. Bill Lee today announced that he will chair a committee aiming to enshrine the right-to-work law in to the Tennessee constitution, NewsChannel5 reports. The Yes on 1 Committee, made up of executive directors of prominent business groups in the state and multiple Republican officials, was formed to support the right-to-work constitutional amendment, passed by legislators earlier this year. The measure requires voter approval and will be on the Nov. 8, 2022, ballot. “We believe [right-to-work] must be enshrined for freedoms for all workers... When people see Tennessee, they see opportunity and freedom for workers," Lee said Monday during an event in Nashville to announce the effort.

Posted by: Kate Prince on Nov 22, 2021
News Type: Legal News

First Judicial District Circuit Court Judge Jean A. Stanley has announced that she will retire next year after 30 years on the bench. Stanley was elected in 1994 to the 1st Judicial District, which covers Carter, Johnson, Unicoi and Washington Counties. During her time as judge, Stanley created the First Judicial District Court Clinic in Johnson City, served on a number of committees and acted as the eastern section representative for the Tennessee Judicial Conference. “If you are in the legal field and you want to do something spectacular with your life, this is definitely something you should consider,” Stanley said of being a judge. “It’s a wonderful career.” Read more on Stanley’s career from the Administrative Office of the Courts.

Posted by: Kate Prince on Nov 22, 2021
News Type: Legal News

Hawkins County Courthouse celebrated National Adoption Day on Friday with music, testimonials and the adoption of three children. A video of the celebration can be found on YouTube. “It’s most apropos that we celebrate National Adoption Day through the season of Thanksgiving because in our community and communities all across America, adoptive families are going to experience the full, overflowing cornucopia of blessings,” said 3rd District Court of Appeals Chancellor Thomas Frierson III. The Administrative Office of the Courts has more on the story.  

Posted by: Liz Slagle Todaro on Nov 22, 2021
News Type: Legal News

Nominations are being accepted for the TBA’s Public Service Awards. The annual awards recognize outstanding commitment to access to justice in three categories: work performed by an attorney employed by an organization primarily involved in providing legal representation to the indigent; pro bono work performed by a private attorney; and a strong commitment to pro bono service by a Tennessee law student or recent graduate. Nominations are due no later than Dec. 3. Nominators are welcome to include supplemental information including letters or videos of support. For more information, contact TBA Director of Access to Justice & Special Projects Liz Todaro.   

Posted by: Kate Prince on Nov 22, 2021
News Type: Legal News

Two attorneys have been appointed to a new government panel that will oversee the site of the future Ford Motor Co. assembly plant in West Tennessee. According to the Associated Press, Michael Banks of the Banks Law Firm in Brownsville was today appointed to the Megasite Authority of West Tennessee by Lt. Gov. Randy McNally. He will serve alongside First Horizon National official and former Baker Donelson CEO Charlie Tuggle, who was appointed to the board earlier this month by Gov. Bill Lee. The 11-member board includes Gov. Bill Lee, two House speaker appointees, one joint appointment by both speakers and the commissioners of economic development, finance and general services. Ford plans to build electric F-series pickup trucks at the massive $5.6 billion campus in rural Haywood County.

Posted by: Kate Prince on Nov 19, 2021
News Type: Legal News

Eighteen-year-old Kyle Rittenhouse was today acquitted of all charges after he fatally shot one man and injured two others during racial justice demonstrations in Kenosha, Wisconsin, in August 2020, the ABA Journal reports. Rittenhouse faced homicide, attempted homicide and reckless endangerment charges. Rittenhouse maintained he acted in self-defense when he shot the three men, claiming one man put his hand on Rittenhouse’s rifle while the second hit him with a skateboard. The third man acknowledged he’d unintentionally pointed his gun at Rittenhouse. Jurors deliberated for more than 25 hours over four days.

Posted by: Kate Prince on Nov 19, 2021
News Type: U.S. Supreme Court

The Presidential Commission on the Supreme Court of the United States says its studies show “considerable, bipartisan support” of term limits for the high court, the ABA Journal reports. President Joe Biden assembled the commission in April to study Supreme Court reform. The idea most often proposed is to create staggered 18-year terms for the justices, which would be timed to open up a seat every two years. Materials from a recent commission meeting point out that the U.S. is the only major constitutional democracy with no retirement age or term limits and the average length of a justice’s term has gone from around 15 years in the late 1960s to around 26 years for justices who have left the court since 1970. The commission will send a final report to Biden next month.


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