TBA Law Blog


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Posted by: Azya Thornton on Aug 19, 2024
News Type: Legal News

Tennessee courts are lagging behind other government agencies in adopting technology to increase transparency and accessibility, according to a report from the Nashville Banner, while public trust in the courts has declined for years, according to the National Center for State Courts. Despite calls for more open court proceedings, including live streaming and virtual options, implementation varies across the state. The paper found that while higher courts stream oral arguments, lower courts often lack such technology due to resource constraints and privacy concerns. It also found that e-filing is limited to larger counties, and the COVID-19 pandemic highlighted disparities in judges' technological proficiency. The Tennessee Supreme Court created a committee in 2023 to develop a strategic plan for broader technology adoption. However, challenges remain in balancing efficiency with public access. A spokesperson from the Administrative Office of the Courts told the Banner that “deploying scalable technology solutions is a priority.”

Posted by: Azya Thornton on Aug 19, 2024
News Type: Legal News

The Federal Trade Commission’s (FTC) new rules barring non-compete agreements for most workers is facing a third legal challenge. A tax services firm and the U.S. Chamber of Commerce, among others, have sued the FTC in Texas, and a federal judge has temporarily blocked the agency's ban pending outcome of that case. A Florida retirement community has challenged the rule, arguing it would harm its business model. And a Pennsylvania tree service has sued, contending the ban infringes on states’ rights to regulate employment laws. The cases are pending in the three states and could reach the U.S. Supreme Court, Knoxville News Net reports.

Posted by: Azya Thornton on Aug 19, 2024
News Type: Upcoming

The Nashville Bar Association Young Lawyers Division (YLD) will host its annual Carbolic Smoke Ball fundraiser Aug. 23 at Emerson Hall in East Nashville from 7:30-10:30 p.m. CDT. Attendees will enjoy live music from musicians who have performed in bands such as War and Treaty and with other Grammy-winning artists. All proceeds will benefit CASA Nashville and the Nashville Children’s Alliance, two organizations dedicated to supporting vulnerable and abused children in the community. CASA advocates for abused and neglected children in foster care, providing trained volunteer advocates to be their voice. The Nashville Children’s Alliance offers no-cost services to children who have experienced sexual or severe physical abuse, including therapy, court support and crisis services. Learn more and purchase tickets here.

Posted by: Azya Thornton on Aug 19, 2024
News Type: Legal News

A family is suing Bristol police and paramedics after a police body camera video obtained by the Associated Press revealed their son, Austin Hunter Turner, was subjected to excessive force during a medical emergency. The family says the footage contradicts the official determination of a drug overdose death. The lawsuit alleges that officers treated Turner as a suspect rather than a patient, using physical restraint and a Taser despite his seizure, and then covered up the treatment.  A judge will decide whether the lawsuit can proceed in court. According to the Associated Press, the case highlights issues of accountability in cases of police-involved deaths where force, but not a firearm, is used.

Posted by: Azya Thornton on Aug 19, 2024
News Type: Legal News

Six criminal court judges in Nashville recently held a hearing to examine the circumstances surrounding Bricen Rivers' release on bond. Rivers is accused of killing his girlfriend, Lauren Johansen, in Mississippi. A clerical error prevented the full implementation of Rivers' bond conditions, which included restrictions on traveling outside of Davidson County. According to The Tennessean, a bondsman testified that Nashville magistrates often do not accept the surrender of defendants who violate bond conditions. A representative from Brooke's Bail Bonding explained that this was why the company did not return Rivers to court after he violated his court order by leaving the county. The judges are considering potential changes to bond procedures to prevent similar incidents in the future, the paper reports.

Posted by: Azya Thornton on Aug 19, 2024
News Type: U.S. Supreme Court

The U.S. Supreme Court has blocked the Biden administration’s request to allow temporary enforcement of most of an April 2024 rule that implements Title IX of the Education Amendments of 1972, which addresses sex discrimination in federally funded education programs. Tennessee and five other states challenged Title IX provisions, arguing that the rules were unlawful. The group previously persuaded two lower courts to stop the rule from taking effect in the state, which the Supreme Court upheld in a 5-4 ruling, SCOTUS Blog reports. Attorney General Jonathan Skrmetti states in a press release that, “This is a win for student privacy, free speech, and the rule of law.” The challenge to the rule is ongoing, with additional litigation in other states and oral arguments in one case set for October at the high court.

Posted by: Azya Thornton on Aug 19, 2024

Oak Ridge Rep. John Ragan has officially challenged his loss to Rick Scarbrough, alleging that more than 1,000 Anderson County voters were illegitimate Republicans who crossed over to cast a ballot in a race he lost by 258 votes, The Tennesean reports. Ragan argues that state law makes it illegal to vote in a political party's primary without being a "bona fide" member of or affiliated with the political party. He says his challenge is based on the Republican Party's bylaws, which have created bona fide definitions for candidates. Scarbrough sent a letter to his future House colleagues asking lawmakers to encourage members of the state Republican Executive Committee not to allow the contest to go forward, saying he is confident in the election results.

Posted by: Laura Labenberg on Aug 19, 2024

The TBA Young Lawyers Division (YLD) is holding an Essential Documents for Essential Workers (EDEW) Clinic on Sept. 20 from 12-4 p.m. EDT at the Sevierville First United Methodist Church gym, 214 Cedar St. in Sevierville. This clinic is free to all first responders and their spouses. To volunteer contact YLD board member Amanda Howard.

Posted by: Stacey Shrader Joslin on Aug 16, 2024
News Type: BPR Actions

The Tennessee Supreme Court has directed Florida lawyer Grace Ingrid Gardiner to respond within 30 days why discipline imposed by the Supreme Court of Minnesota should not also be imposed in Tennessee. On June 20, the Minnesota court imposed an indefinite suspension on Gardiner.

Posted by: Stacey Shrader Joslin on Aug 16, 2024
News Type: BPR Actions

Kentucky lawyer Joy Jaye Minner was reinstated to the practice of law in Tennessee on Aug. 14. She had been on inactive status for more than five years, since May 21, 2010. The Board of Professional Responsibility reported that the petition for reinstatement was satisfactory and the court approved the petition.


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