TBA Law Blog


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Posted by: Kate Prince on Nov 3, 2021
News Type: TBA CLE

The TBA Juvenile & Children’s Law Section will host a virtual forum on Dec. 3 at 9 a.m. CST. The program, worth two general and two dual hours of CLE credit, will offer enhanced resource guidelines, a discussion of the issues faced by LGBTQ youth and the impacts of racial diversity in rural communities. Register for this event by 7 a.m. CST on Dec. 3 to receive the Zoom Webinar link.

Posted by: Ateia Aldridge on Nov 2, 2021
News Type: Legal News

The TBA Young Lawyers Division is now accepting applications for its Diversity Leadership Institute (DLI) Class of 2022. DLI is a six-month leadership and mentoring program for Tennessee law students in their second, third or fourth years of study. Class size is limited to 20 to 25 students selected from across the state. The goal of the program is to have a diverse class, so selection is based in part on race, ethnicity, gender, age, sexual orientation, gender identity, disability, background, geographical factors and law school attended. The application deadline is 5 p.m. CST on Nov. 24.

Posted by: Kate Prince on Nov 2, 2021
News Type: Legal News

Nashville attorney Kyle Mothershead estimates that roughly 200 people filed a total of 300 claims to receive a portion of the $11 million settlement that came as a result of a class-action lawsuit against Rutherford County for wrongfully detaining juveniles, the Daily News Journal reports. That number is significantly lower than the estimated 1,450 people who were believed to be eligible for a portion of the settlement, but doesn’t include the hundreds, possibly thousands, of people illegally arrested whose incidents are outside the statute of limitations. Oct. 29 was the deadline to file claims, which were worth $1,000 per illegal arrest and $4,800 for illegal incarceration. Mothershead and fellow plaintiffs’ attorneys Mark Downton and Frank Brazil reached the class-action settlement in June. The suit was filed in 2017 after the illegal incarceration of children at Hobgood Elementary School in Murfreesboro, but expanded to others jailed at the juvenile detention center after the case revealed it was violating state law regarding the pretrial incarceration of children.

Posted by: Kate Prince on Nov 2, 2021

U.S. Rep. David Kustoff, R-Shelby County, this morning announced that bipartisan legislation has been drawn up that would alter the NCAA’s infractions and investigation process, the Commercial Appeal reports. The bill is a direct result of the fallout over the case of University of Memphis basketball player James Wiseman, who was suspended for 12 games after the NCAA ruled him “likely ineligible” due to inducements his family received before he enrolled at Memphis. The new bill, the NCAA Accountability Act of 2021, would establish and administer due process protections for NCAA member institutions, student-athletes, coaches or administrators who are involved in investigation related to alleged NCAA bylaw infractions. Kustoff is hopeful this legislation will put the NCAA’s enforcement and infractions protocols more in line with the traditional legal system.

Posted by: Kate Prince on Nov 2, 2021
News Type: Legal News

A Roane County grand jury will hear a report on a criminal investigation into the Tennessee Valley Authority (TVA) and its 2008 Kingston coal ash spill and subsequent cleanup, the Knoxville News Sentinel reports. The report from the Tennessee Bureau of Investigation (TBI) is the first major criminal proceeding against the TVA and Jacobs Engineering since the environmental disaster. More than 7 million cubic tons of coal ash spilled at the TVA’s Kingston plant in 2008. Jacobs was hired to clean up the spill, but was accused by workers of not providing them with sufficient protective gear. An ongoing federal lawsuit claims that at least 47 disaster relief workers died and 400 were sickened from exposure to the coal ash during cleanup. The TBI is set to present its report the grand jury on Nov. 15.

Posted by: Kate Prince on Nov 2, 2021
News Type: Election 2022

Jefferson County General Sessions and Juvenile Judge Dennis “Will” Roach II has announced he is seeking another term. Roach was initially elected to the position in 2014 and during his time on the bench has played a vital role in developing the county’s Safe Baby Court program, which aims to help struggling parents get back on their feet and to help babies in the foster care system get back to a permanent home. “It would be an incredible honor to be re-elected so that I may continue to serve Jefferson County for the next eight years," Roach said in an email.

Posted by: Kate Prince on Nov 2, 2021
News Type: Election 2022

Vance Dennis, assistant district attorney for the 24th Judicial District, this week announced he will be vying for the Republican nomination in the district’s Circuit Court judge race, the Paris Post-Intelligencer reports. Dennis, a Hardin County native, was partner at McGee and Dennis for more than 10 years before eventually becoming the county’s chief prosecutor. He also previously served as state representative for the 71st District from 2008 until 2014. “Having been both in private practice and serving our community as a prosecutor, I am committed to following the law and ensuring fairness in the courtroom,” Dennis said of his candidacy. The 24th Judicial District includes Hardin, Henry, Benton, Carroll and Decatur counties.

Posted by: Kate Prince on Nov 2, 2021

The Community Legal Center (CLC) and Memphis Area Legal Services Inc. (MALS) are joining forces to host a hybrid virtual/drive-through wills clinic this month. On Nov. 10 at 1 p.m. CST, attorneys will meet with qualified applicants via Zoom to gather information for the will. Applicants will then attend a drive-through event on Nov. 20 from noon until 2 p.m. CST to sign the wills and have them witnessed and notarized. The clinic is limited to advice only and there is no expectation that CLC, MALS or other volunteer attorneys will follow up with clients. Register for the event here.

Posted by: Kate Prince on Nov 2, 2021

State Sen. Brian Kelsey, R-Germantown, yesterday pleaded not guilty to charges that he violated campaign finance laws, the Daily Memphian reports. Kelsey appeared before U.S. Magistrate Judge Jeffrey S. Frensley and surrendered his passport before being released on conditions. He is charged with one count each of conspiracy, directing “soft money” to a federal candidate, directing soft money from a state officeholder, making excessive campaign contributions and accepting excessive campaign contributions. Prosecutors allege the charges stem from Kelsey’s 2016 Congressional run. In a statement last week, Kelsey called the investigation a “political witch hunt.” He is represented by attorney Ty Howard.

Posted by: Kate Prince on Nov 2, 2021
News Type: Election 2022

The 16th Judicial District Circuit and Chancery court judges have announced they will each be running for reelection in 2022. Judges J. Mark Rogers, Jimmy Turner, Barry Tidwell, B. Jo Atwood, Darrell Scarlett and Chancellor Howard Wilson currently serve in the 16th Judicial District, which covers Rutherford and Cannon counties. “As judges, they are dedicated to the administration of justice and committed to upholding our laws and constitution,” a press release from the campaign says. Read the press release for more information on each judge.


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