TBA Law Blog


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Posted by: Stacey Shrader Joslin on Oct 25, 2021
News Type: Legal News

The Tennessee Justice Center (TJC) held its 25th Anniversary Gala over the weekend, raising $173,725 for its work. The group also recognized five new Hall of Fame members at the event: former board member Marvin Berry Jr., Tennessee Court of Appeals Judge Richard Dinkins, donors Frank and Amy Garrison, and board member Dr. Bob Miller. Videos from the event are on Youtube. Send a congratulatory message to Berry, Dinkins, the Garrisons or Miller.

Posted by: Stacey Shrader Joslin on Oct 25, 2021

Tennessee State Sen. Brian Kelsey, R-Germantown, the owner of a private Nashville social club, and other unnamed co-conspirators were indicted today by a federal grand jury, the Tennessean reports. Kelsey and Joshua Smith, owner of The Standard, were charged with five counts of violating multiple campaign finance laws as part of a conspiracy to benefit Kelsey’s 2016 campaign for Congress. The pair are accused of secretly and illegally funneling "soft money" from Kelsey's state campaign committee to his federal campaign committee via the D.C.-based American Conservative Union (ACU). Kelsey is also accused of making and accepting excessive contributions to his federal campaign. While only Kelsey and Smith are named in the indictment, several others are described by their jobs and relationships to the two, including former Rep. Jeremy Durham and Kelsey's wife, who worked at ACU from 2015 to 2017. At a news conference today, Kelsey called the charges "a political witch hunt.” Smith said a political action committee created in the club’s name gave $60,000 to “a political organization” but the PAC was dissolved in 2018. He also said he is cooperating with the investigation. Both men must surrender to the U.S. Marshals by Nov. 5 at 10 a.m. CDT.

Posted by: Stacey Shrader Joslin on Oct 25, 2021
News Type: Legal News

The Biden administration recently notified the federal courts that it plans to re-implement the Trump-era "Remain in Mexico" policy in mid-November if the Mexican government agrees to the arrangement, The Hill reports. The move comes after an initial victory by Texas and Missouri in a suit that argued the administration too hastily withdrew the policy. The administration has appealed the decision and is working to rescind the program through normal rulemaking but believes it is required to reimplement the policy until those efforts have been completed. In related news, the Department of Homeland Security says it is committed to resolving new asylum claims within six month by constructing “tent courts” on the border. It also says it plans to expand the types of asylum-seekers who are not subject to the program.

Posted by: Stacey Shrader Joslin on Oct 25, 2021

The Tennessee Public Defenders Conference recently held its annual training conference, during which it presented the inaugural “Mike Carter Award” to Supreme Court Justice Jeffrey Bivins, Chattanoogan.com reports. The award, previously known as the “Friend of the Public Defender Award” was recently renamed for former state Rep. Mike Carter, whose widow was on hand to present the award to Bivins for courageous leadership as chief justice during the COVID-19 pandemic. Carter previously served as a Hamilton County General Sessions Court judge from 1997 to 2005, and as a legislator, championed legislation to create the Public Defenders Conference. He represented the Chattanooga area in the state House for nine years. He died from pancreatic cancer in May. Read more in a press release from the conference.

Posted by: Stacey Shrader Joslin on Oct 25, 2021

A federal judge has ruled in favor of Williamson County parents opposed to the governor’s executive order requiring school districts to offer parents an opt-out of mask mandates, the Tennessean reports. The families had sued under the Americans with Disabilities Act arguing that the opt-out endangered the health and safety of their children (a seventh-grader with Down syndrome and a second grader with diabetes). U.S. District Court Judge Waverly Crenshaw first blocked the governor's order on Sept. 24 and extended it on Oct. 6. The governor’s order is in effect through Nov. 5.

Posted by: Stacey Shrader Joslin on Oct 25, 2021
News Type: Legal News

The U.S. Justice Department has accused Trustmark National Bank of redlining predominantly Black and Hispanic neighborhoods in Memphis in a lawsuit and proposed consent order, the Commercial Appeal reports. The suit alleges that from 2014 to 2018, the bank discriminated in its mortgage lending services. During that time, 21 of Trustmark's 25 offices were located in majority-white neighborhoods. The suit also alleges the bank had inadequate policies to make sure it provided equal access to all neighborhoods. Under the proposed consent order, Trustmark would spend at least $4.4 million to increase credit opportunities in Black and Hispanic neighborhoods, open new offices, develop community partnerships and pay $5 million in federal penalties. According to the Nashville Ledger, the bank says it fully cooperated with the investigation and supports the proposed settlement.

Posted by: Stacey Shrader Joslin on Oct 25, 2021
News Type: Congressional News

Former U.S. Rep. Phil Roe, who represented the First District of Tennessee for 12 years, was honored recently with a portrait unveiling in the U.S. House of Representatives’ Veterans’ Affairs Committee hearing room. Roe served on the committee for his entire tenure in Congress and as chair for two years and ranking member for two years. "From the minute I stepped into office, I knew I wanted to serve on the House Veterans’ Affairs Committee,” Roe said at the ceremony. “As a veteran myself, I experienced the faults of the VA and believed that with reform, we could improve the services for every man and woman that served our nation so bravely.” Read more in the Citizen Tribune.

Posted by: Stacey Shrader Joslin on Oct 25, 2021

The TBA Young Lawyers Division participated in two clinics this month as part of Celebrate Pro Bono Month. On Oct. 2, the YLD joined with Legal Aid of East Tennessee, Legal Aid Society of Middle Tennessee & the Cumberlands, Tennessee Alliance for Legal Services and the Tennessee Administrative Office of the Courts to hold a debt relief clinic. Sixteen low income debtors met with 14 volunteer attorneys to get advice about debt issues and relief options. Ten had their cases taken on a pro bono basis. Then on Oct. 6, the YLD joined with Vanderbilt University Law School and the Tennessee Alliance for Legal Services to host a TN Free Legal Answers Clinic. Volunteer attorneys met virtually with law students to answer 10 questions submitted on the TN Free Legal Answers website. Ten law students and seven attorneys volunteered their time.

Posted by: Stacey Shrader Joslin on Oct 25, 2021
News Type: BPR Actions

Blount County lawyer Charles Alphonso Carpenter was permanently disbarred from the practice of law on Friday. The Tennessee Supreme Court reports that Carpenter consented to disbarment because he could not successfully defend charges filed against him. The court found that Carpenter failed to communicate with clients, file proper pleadings, correct errors in documents submitted and inform clients of his errors. He also received fees but performed no work. In another matter, Carpenter signed the name of his client to an emergency petition and then notarized, with his own notary seal, the signature. He also failed to respond to requests from the Board of Professional Responsibility. His conduct was determined to violate Rules of Professional Conduct 1.3, 1.4, 1.5, 8.1(b) and 8.4(a), (c) and (d).

Posted by: Stacey Shrader Joslin on Oct 25, 2021
News Type: TBA CLE

The TBA Labor & Employment Law Section will present two webcasts in November. The first, Wage and Hour Basics on Nov. 17, will feature Casey Duhart with Waller covering the fundamentals of state and federal regulations. Attendees also will learn about overtime, working hours and pitfalls of this practice area. On Nov. 18,  Greg Grisham with Fisher Phillips will present ADA Basics for Non-Employment Attorneys. The webcast will provide an overview of Title I of the Americans with Disabilities Act (ADA) for attorneys who do not focus on this practice area or would like to learn more about the ADA.


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