TBA Law Blog


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Posted by: Liz Slagle Todaro on Oct 3, 2024

The Federal Emergency Management Agency (FEMA) has announced that federal disaster assistance is available to individuals and businesses affected by Hurricane Helene in Carter, Cocke, Greene, Hamblen, Hawkins, Johnson, Unicoi and Washington counties in Tennessee. Assistance from FEMA may include grants for temporary housing and home repairs, low-cost loans to cover uninsured property losses and other programs to help recovery from the effects of the disaster. Knox News has more about FEMA individual assistance. Gov. Bill Lee said, "As Tennesseans begin the rebuilding process, I thank our federal partners for granting resources to further our severe weather response and recovery in Northeast Tennessee." Recovery operations continue in the affected areas and additional designations may be made if warranted by the results of damage assessments. Individuals and business owners who sustained losses in the designated areas can begin applying for assistance by registering online at www.DisasterAssistance.gov.

The TBA has actively been working with partner organizations this week to plan disaster legal assistance efforts and eventual legal clinics, which will follow recovery efforts. To help prepare for those events, lawyers from across the state are invited to complete this online form to volunteer to help disaster survivors. The TBA Disaster Resources page offers general information for those impacted by disasters, as well as those seeking to provide assistance. The TBA's new Helene Disaster Response page has information and resources specific to this disaster.

Posted by: Stacey Shrader Joslin on Oct 3, 2024

Two legal clinics aimed at helping survivors of Hurricane Helene are being planned in East Tennessee over the next two days. Tomorrow, a clinic will take place from 9 a.m. to 4 p.m. EDT at the Newport Grammar School, 301 College St., Newport 37821. On Saturday, a clinic will be held from 10 a.m. to 2 p.m. EDT at Ober in Hartford, 3565 Hartford Rd., Hartford 37753. No special training is necessary to help survivors file FEMA claims. Since many people have lost their belongings, attorneys who volunteer are asked to bring their own computer, printer and scanner if possible. Those willing to help should let Cocke County attorney Candice Mendez know they plan to participate. She may be reached at 865-474-0380 or Cmendez.law@gmail.com.

Posted by: Stacey Shrader Joslin on Oct 3, 2024

The Tennessee Lawyers’ Fund for Client Protection met to consider claims from clients alleging financial loss due to the illegal actions of their lawyers. The fund approved one claim against Roane County attorney Eric John Montierth in the amount of $4,700. It also directed Montierth to reimburse the fund for the expense. The Fund for Client Protection was established by the Tennessee Supreme Court to reimburse individuals for losses caused by dishonest conduct by attorneys. The fund is operated by a board, which meets quarterly to consider claims. In September 2022, the Tennessee Supreme Court amended Rule 25 to require the fund to notify the Tennessee Bar Association of claims paid. News releases also are posted online.

Posted by: Stacey Shrader Joslin on Oct 3, 2024

The Tennessee Supreme Court has adopted an order amending Tennessee Supreme Court Rule 31(15)(b) following a petition from the Alternative Dispute Resolution Commission (ADRC) asking the court for discretion when considering a Rule 31 application training requirement. The court amended the rule to add the following language: “The ADRC may grant a training waiver upon appropriate application for those whose credentials have lapsed for failure to comply with CME requirements pursuant to Rule 31(15)(a) for failure to timely renew under Rule 31(15)(b), or for any other reason deemed sufficient by the Commission.” The court reported that during the comment period on the proposed change it received responses from the ADRC, the Knoxville Bar Association, the Tennessee Bar Association and private individuals.

Posted by: Stacey Shrader Joslin on Oct 3, 2024
News Type: Legal News

The Metro Nashville Police Department announced Wednesday it has made six more arrests in an ongoing investigation related to the smuggling of narcotics into the Downtown Detention Center. According to WKRN, those charged included a former sheriff's office employee, three inmates and two civilians. The new charges are the third round of indictments in the overall investigation into drug smuggling into Davidson County detention facilities. Overall, 14 people have been charged. Read more from the police department.

Posted by: Stacey Shrader Joslin on Oct 3, 2024
News Type: Legal News

A coalition of 44 law school deans as well as the Law School Admission Council, the Society of American Law Teachers and the NAACP Legal Defense and Educational Fund have filed comments in opposition to proposed changes to the American Bar Association’s (ABA) diversity standards for law schools. According to Reuters, the groups argue that eliminating the terms “race and ethnicity” from accreditation rules will hobble efforts to bring in diverse students and faculty. Read the comments

Posted by: Stacey Shrader Joslin on Oct 3, 2024
News Type: Legal News

A Nashville murder case scheduled to go to trial next week has been placed on hold amid concerns that District Attorney Glenn Funk's office illegally eavesdropped on the defense team as they reviewed evidence in the case. News Channel 5 reports that Davidson County Criminal Court Judge Cynthia Chappell agreed Wednesday to delay the trial of Calvin Atchison after the defense filed a motion to disqualify Funk's team. She has set a hearing for Dec. 13 to determine if the district attorney's office should be removed from the case. Allegations of the recordings came to light through reporting by the station and a report from the state comptroller’s office, including a call for a special prosecutor to investigate the matter. 

Posted by: Stacey Shrader Joslin on Oct 3, 2024
News Type: Legal News

All defense attorneys have rested their cases in the trial of three former Memphis Police Department officers charged in the death of Tyre Nichols. Jury deliberations began yesterday, according to the Daily Memphian. Defense lawyers argued their clients followed the appropriate use-of-force guidelines during Nichols’ attempted arrest and put forward witnesses to speak about the department’s use-of-force policy as well as the men’s character. The paper has daily reports from the trial. 

Posted by: Stacey Shrader Joslin on Oct 3, 2024

Democratic state House candidate Bryan Goldberg of Knoxville has filed a lawsuit seeking to block what he says are "defamatory attacks" against him and his wife, Knox News reports. Goldberg says the ads "have escalated beyond the bounds of acceptable political discourse." He is asking a Knox County chancellor to issue an injunction against his opponent, incumbent Rep. Elaine Davis, R-Knoxville, the state Republican Party, House Republican Caucus and Parthenon Strategies. The ads center on claims that Goldberg did not timely pay his property taxes. Goldberg says he was the victim of identity theft and a check for the taxes was modified and cashed by the thief. Goldberg says he appreciates that Davis publicly condemned the ad and asked her party leadership to stop running it.

Posted by: Stacey Shrader Joslin on Oct 3, 2024
News Type: Disaster Response

The Tennessee Bureau of Investigation (TBI) has opened an investigation into Impact Plastics in Erwin, Knox News reports. Employees of the company have alleged management did not allow workers to leave the facility even as flood warnings were issued and floodwaters from the Nolichucky River swamped the building. According to the paper, two employees died and several were missing at the time of the report. Steve Finney, district attorney for the First Judicial District, requested TBI investigate the business to "identify any potential criminal violations." The company denies that it forced anyone to continue working as waters rose.


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