TBA Law Blog


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Posted by: Julia Wilburn on Apr 9, 2024
News Type: BPR Actions

The Tennessee Supreme Court has temporarily suspended Chattanooga attorney David James Fulton from the practice of law upon finding Fulton misappropriated funds for his personal use and posed a threat of substantial harm to the public. Fulton is immediately precluded from accepting any new cases, and he must cease representing existing clients by May 9. The suspension remains in effect until dissolution or modification by the court.

Posted by: Julia Wilburn on Apr 9, 2024
News Type: BPR Actions

The Tennessee Supreme Court has censured Hawkins County attorney Terry Risner. The court found that Risner did not timely file a brief on behalf of a client with the Court of Appeals, despite being given two 10-day extensions. These actions were determined to violate Rules of Professional Conduct 1.3, 3.4 and 8.4(d). A public censure is a rebuke and warning to the attorney, but it does not affect the attorney’s ability to practice law.

Posted by: Julia Wilburn on Apr 9, 2024

Rep. Antonio Parkinson, D-Memphis, and Sen. Paul Bailey, R-Sparta, are co-sponsoring a bill that would allow a judge to restore someone’s right to vote separate from other rights, including those regarding gun possession, jury service, holding public office and certain fiduciary powers. The Associated Press reports that SB2913/HB2380 seeks to undo restrictions established in July 2023, when election officials interpreted a state Supreme Court ruling as requiring people convicted of felonies to get their full citizenship rights restored by a judge, or show they were pardoned, before they can apply for reinstated voting rights. In January, the elections office confirmed that voting rights restoration also requires getting back gun rights. A group of Democratic lawmakers previously asked the U.S. Department of Justice to investigate that policy.

Posted by: Julia Wilburn on Apr 9, 2024

The Senate on Monday unanimously passed legislation requiring minors to have parental consent to create social media accounts. The Associated Press reports that lawmakers are hoping to require social media companies to provide parents with options to view privacy settings, set daily time restrictions and implement mandatory breaks. If enacted, the state attorney general would be permitted to investigate and sue social media platforms for violations.

Posted by: Julia Wilburn on Apr 9, 2024
News Type: Legal News, Your Career

The Shelby County Election Commission is accepting petitions through April 12 at noon CDT to fill the Criminal Court Division 9 seat formerly held by Melissa Boyd. The Daily Memphian reports that candidates must be at least 30 years old, be a resident of Shelby County and be licensed to practice law. Accepted petitioners’ names will appear on the Aug. 1 ballot. Early voting is July 12-27. Shelby County Elections Administrator Linda Phillips said in a release to the news outlet that all petitioners should be aware of pending legislation that could remove Boyd’s former seat, making any petitions null and void.

Posted by: Julia Wilburn on Apr 9, 2024
News Type: Passages

Rene Arthur Wolf died on March 24 at his home in Ajijic, Mexico, just a few months shy of his 100th birthday on July 30. Raised in Needles, California, Wolf entered the Army in 1944, and was sent to Stanford to study engineering. He prepped at Amherst and won a competitive appointment to the U.S. Military Academy at West Point in 1946. Upon graduation in 1950, as a civil engineer, Wolf was assigned to the 1st ECBn in Germany. After two tours in South Korea, a tour in Japan and another tour in Turkey, he retired as a lieutenant colonel in 1971 to become the head of facilities planning and engineering at Martin Marietta Aerospace in Denver, Colorado. Wolf became an attorney after passing the Tennessee Bar in 1984. Arrangements are pending.

Posted by: Stacey Shrader Joslin on Apr 9, 2024
News Type: Passages, Upcoming

The Memphis Bar Association (MBA) will host its annual memorial service this Thursday, beginning at noon CDT, for members who have died over the past year. The in-person event will take place at Calvary Episcopal Church, 102 N. Second St., Memphis 38103. A reception will follow the service.

Posted by: Julia Wilburn on Apr 9, 2024

The Tennessee Supreme Court on Monday held that a plaintiff may go forward with claims of direct negligence against a business even after the business admits it is indirectly liable for any negligence of its employee. The court also held that a plaintiff may assert concurrent claims based on both negligent activity and premises liability. Read the unanimous opinion in Binns v. Trader Joe’s East Inc., authored by Justice Roger A. Page.

Posted by: Julia Wilburn on Apr 9, 2024
News Type: Election 2024

Mike Jones of Murfreesboro has announced he is suspending his campaign for 16th Judicial District Circuit Court (Division 1) judge and will support Judge Terry Fann in the upcoming election for the same position. WGNS Radio reports that Jones stated, “Suspending my campaign was not a decision that I took lightly, but at this time, I truly believe it is the right decision for the constituents in the 16th Judicial District. I now urge my fellow citizens in Rutherford and Cannon County to join me in voting for Judge Fann in the August general election.” Fann was appointed to the bench by Gov. Bill Lee in November 2023 to fill a vacancy created by the retirement of Judge Mark Rogers.

Posted by: Julia Wilburn on Apr 9, 2024
News Type: Legal News

Shelby County Circuit Judge Carol Chumney on Monday ruled that Memphis Grizzlies star Ja Morant acted in self-defense when he punched Joshua Holloway (then 17) at Mornant's home in July 2022. The decision states that Morant "enjoys a presumption of civil immunity" under Tennessee's self-defense immunity statute and that the burden of proof shifts to Holloway and his legal team to prove that Morant did not act in self-defense. ESPN has the story.


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