TBA Law Blog


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Posted by: Stacey Shrader Joslin on Apr 25, 2024

Retired Memphis lawyer and former Tennessee Bar Association (TBA) President William H. “Bill” Haltom Jr. will be honored in June with the prestigious William M. Leech Jr. Public Service Award. Named for former Attorney General William M. Leech and presented by the Fellows of the TBA Young Lawyers Division, the award is given to a Tennessee lawyer who has been of outstanding service to the profession, the legal system and their community. In selecting Haltom for the award, Fellows President Rachel Mancl said, “Bill Haltom exemplifies the values embodied in the Leech Award. His contributions to the Tennessee Bar Association, as well as to the state and Memphis legal communities, demonstrate his lifelong commitment to improving the legal profession and serving the public. The Fellows are proud to award him the 2024 William M. Leech Jr. Public Service Award.” The award will be presented at the TBA’s Annual Convention in Memphis on June 14 during the Lawyers’ Luncheon. Read the TBA's full press release on the news.

Posted by: Stacey Shrader Joslin on Apr 25, 2024
News Type: U.S. Supreme Court

A lawsuit deciding the fate of health care for transgender children in Tennessee is set to be evaluated by the U.S. Supreme Court tomorrow, the Nashville Banner reports. The case, L.W. v. Skrmetti, is on the court’s list of cases to be evaluated for further action. The case arose out of a challenge to a 2023 law that bans surgery and prescription of hormone blockers for minors. The law was challenged by the ACLU on behalf of a 15-year-old, along with her parents and doctor. While U.S. District Court Judge Eli Richardson initially blocked the law’s enforcement, a three-judge panel of the 6th Circuit Court of Appeals overturned that ruling in July.

Posted by: Stacey Shrader Joslin on Apr 25, 2024
News Type: BPR Actions

The Tennessee Supreme Court temporarily suspended Cumberland County lawyer Melanie Beth Shada from the practice of law after finding that she failed to respond to the Board of Professional Responsibility concerning a complaint of misconduct. Shada is immediately precluded from accepting any new cases, and she must cease representing existing clients by May 25. The suspension will remain in effect until dissolution or modification by the court.

Posted by: Stacey Shrader Joslin on Apr 25, 2024
News Type: TBA CLE

The TBA’s 2024 Litigation Forum will take place May 16 as a live virtual event. Programming will include a session covering Tennessee summary judgement, evidentiary privilege and the ethical implications of artificial intelligence from the perspective of the Board of Professional Responsibility. Speakers include Chattanooga attorney David Nagle with Legal Aid of East Tennessee, Nashville attorney Todd Presnell with Bradley Arant Boult Cummings and Tiffany Tant-Shafer with the Tennessee Board of Professional Responsibility. The program will run from 9 a.m. to 12:30 p.m. CDT.

Posted by: Stacey Shrader Joslin on Apr 25, 2024

The Tennessee House and Senate have come to an agreement on their differences in the franchise tax legislation, the Nashville Post reports. House members of the conference committee agreed to the Senate’s language providing a three-year period for businesses to be able to request a refund, while the Senate members agreed to some transparency. Under that language, the names of businesses that request refunds would be released in May 2025. The exact amount they received would not be given. Instead, the companies would be placed in four broad categories: refund pending, $0 to $750 refund received, $750 to $10,000 refund received, and more than a $10,000 refund received. The compromise bill, HB1893/SB2103, then passed both the Senate and the House floors.

Posted by: Stacey Shrader Joslin on Apr 25, 2024

The Tennessee General Assembly has passed legislation that will remove two judgeships from Shelby County, despite local opposition, the Daily Memphian reports. HB2002/SB2517, approved by the Senate yesterday and the House today, removes Division 7 of Shelby County Circuit Court and Division 9 of Shelby County Criminal Court. The bill now heads to Gov. Bill Lee for his consideration. The Division 7 seat is currently held by Judge Mary Wagner, who was recently confirmed to the Tennessee Supreme Court. The Division 9 seat was held by former judge Melissa Boyd, who resigned recently after months of turmoil on the bench. Four candidates had applied to fill that seat.

Posted by: Stacey Shrader Joslin on Apr 25, 2024
News Type: Election 2024, Politics

The Davidson County Election Commission met Monday to set the rules for two ballot challenges scheduled to be considered at a May 2 special hearing. Democratic State Rep. Justin Jones' Republican opponent Laura Nelson is challenging his qualification to be on the ballot after he turned in 26 petition signatures, of which 25 (the legal minimum) were deemed valid. In addition, state Rep. Bo Mitchell, D-Nashville, is challenging the qualification of his Republican opponent, Metro Councilmember Jennifer Frensley Webb. Both sides in the cases will be allowed to submit supporting documentation ahead of time and present to the commission at the hearing. The Nashville Banner has more on this story.

Posted by: Stacey Shrader Joslin on Apr 25, 2024

A proposal aimed at strengthening oversight of Tennessee’s juvenile detention centers will not pass this year, WPLN reports. Despite a concerted push for reform, the proposal has been sent to a summer study committee. According to sponsors, the measure was introduced in response to media reports that seclusion was being used as punishment for minor rule infractions. The oversight proposal would have given an independent agency the power to require changes at facilities that violate state standards. Currently, the Tennessee Commission on Children and Youth responds to family complaints but does not have enforcement power.

Posted by: Stacey Shrader Joslin on Apr 25, 2024
News Type: U.S. Supreme Court

The U.S. Supreme Court heard arguments today in a case that will test whether a former president has immunity from prosecution for acts committed while in office. According to Reuters, conservative members of the court indicated some sympathy to the argument that presidents should have some immunity against criminal charges for certain actions taken in office, while the liberal members warned that giving a former president sweeping immunity might embolden sitting presidents to commit crimes while in the White House. Justice Neil Gorsuch summed up the gravity of the case, saying, "We're writing a rule for the ages." Former President Donald Trump has claimed that he is immune from criminal prosecution for his role in the Jan. 6, 2021, attacks on the U.S. Capitol. Trump argues that, because he was president at the time, he cannot now be tried. His trial in that case remains on hold until the Supreme Court rules.

Posted by: Stacey Shrader Joslin on Apr 25, 2024

A new TBA Legislative Updates podcast is now available. Join TBA attorneys and lobbyists Brad Lampley and Ashley Harbin with Adams and Reese as they provide an update on indigent representation funding; the TBA's adoption birth certificate bill, HB2645/SB2632, and adoption clean-up bill, HB2644/SB2633; and the upcoming adjournment. Legislative Updates airs each week the legislature is in session on the TBA’s Facebook page. It is also released as a podcast on the same day and can be found on the TBA’s website or wherever you listen to podcasts.


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