TBA Law Blog


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Posted by: Julia Wilburn on Mar 4, 2024
News Type: TBA CLE

The TBA will hold an afternoon conversation with Tennessee Supreme Court Chief Justice Holly Kirby and Justice Dwight Tarwater at Burch, Porter & Johnson in Memphis on March 7 from 2:30-4 p.m. CST. Moderated by attorneys Will Perry and Buck Wellford, the panel will discuss each justice's path to the bench, the importance of mentors, the manner in which the justices interact, the importance of the Rule of Law in our society, and more. The event will wrap up with a networking reception from 4:30-6:30 p.m. CST. Make plans today to attend this unique program and reserve your spot soon as space is limited. All members of the legal community are invited to attend the free reception. No reservation for the reception is required.

Posted by: Julia Wilburn on Mar 4, 2024
News Type: Legal News

The Immigration Practice Clinic at Vanderbilt University College of Law today announced a collaboration with Visalaw.ai to use Gen, the first and only immigration law generative artificial intelligence (AI) legal research and drafting product. The clinic is the first anywhere to have access to the product. “We are excited about the potential this tool holds for our clinic’s operations and what it means for students to see the advantages of AI in the practice of law,” said clinic director Alvaro Manrique Barrenechea. The Immigration Practice Clinic at Vanderbilt Law offers legal representation to individuals seeking humanitarian-based immigration relief or benefits from entities such as the U.S. Citizenship and Immigration Services (USCIS), the Memphis Immigration Court and other government bodies.

Posted by: Julia Wilburn on Mar 4, 2024
News Type: Legal News

Two moot court teams from Belmont’s College of Law in February competed in the American Bar Association’s National Appellate Advocacy Competition in Brooklyn, New York, where both teams were undefeated in preliminary rounds. The team consisting of third year law students Elizabeth Finnegan, Ben Tandy and Kealy Welage claimed a third place best brief award and the title of regional finalist. Welage — a swing advocate who argued every round — earned a ninth-place individual advocate award. Cate Farone, Samantha McCaleb and Carli Tuttle made up Belmont’s second moot court team, which advanced to the regional semifinals where they missed the break by one point on one ballot.

Posted by: Julia Wilburn on Mar 4, 2024
News Type: Legal News

Bradley attorney Todd Presnell and Kristi Arth, Belmont University College of Law assistant professor and director of field placements, have co-authored an authoritative guide on evidentiary privileges recognized under Tennessee law and federal law within the Sixth Circuit. "Privileges and Protections: Tennessee and Sixth Circuit Law" contains 16 chapters addressing over 40 evidentiary privileges and related protections, plus an extensive examination of conflict-of-laws issues and the historical origins and development of evidentiary privileges. Read more in a press release from the firm.

Posted by: Julia Wilburn on Mar 4, 2024

The American Bar Association (ABA) celebrates National Women’s History Month this month, recognizing the vital contributions of women who have played pivotal roles in our nation’s history and the legal profession. This year’s theme is “Women Who Advocate for Equity, Diversity and Inclusion.” According to a press release from the ABA, a recent National Association of Law Placement study shows a historic shift: for the first time, women account for more than 50% of associate attorneys in law firms.

Posted by: Julia Wilburn on Mar 4, 2024

A sales tax increase across Shelby County could pay for a new jail. The Daily Memphian reports that the news outlet obtained a draft bill in which the state would give the county permission to increase the total sales tax rate to 10.75%. The tax increase, raising the local sales tax rate to 3.75% across Shelby County, would have to be approved through a referendum. The draft bill is an amendment to a caption bill being carried by Rep. John Gillespie, R-Memphis, and Sen. Paul Rose, a Republican who represents Tipton, Lauderdale and Shelby counties.

Posted by: Julia Wilburn on Mar 4, 2024
News Type: Election 2024

Election Day is tomorrow and across the state, voters will see signs at their polling place reminding them they must be a "bona fide" member of a political party in order to vote in that party's primary election, reports the Knoxville News Sentinel. Former Knoxville Mayor Victor Ashe, a Republican, sued the state along with Democrat Phil Lawson and the League of Women Voters of Tennessee, alleging that the signs are meant to intimidate and confuse voters. The suit claims that there is no legal mechanism to determine whether a voter has "bona fide" party credentials or not. Tennessee has open primary elections, which allow any voter to  select any ballot at the polls, including selecting different party ballots in different election years. Judge Eli Richardson dismissed the suit, writing that the plaintiffs' argument cannot be applied because they are unable to prove that the law actually confuses and suppresses voters.

Posted by: Julia Wilburn on Mar 4, 2024

A bill is moving through the Tennessee General Assembly that would remove the requirement that foster and adoptive families be vaccinated against flu and whooping cough. HB1726/SB2359, introduced by Rep. Ron Gant, R-Piperton, and co-sponsored by Sen. Bo Watson, R-Hixson, will be discussed in the Civil Justice Committee on Wednesday. WSMV reports that the bill exempts an individual or member of an individual’s household from the Department of Children’s Services (DCS) immunization requirements for adopting or fostering a child if they object on the basis of religious or moral convictions. The Federal Administration for Children and Families requires caregivers of infants to have an up-to-date whooping cough and influenza vaccine.

Posted by: Julia Wilburn on Mar 4, 2024

The Tennessee Bar Association is now accepting nominations for its 2024 Claudia Jack Award and Justice Frank F. Drowota III Outstanding Judicial Service Award. The Claudia Jack Award honors an outstanding public defender or court-appointed private practitioner who has served the legal community and clients in an exemplary fashion. It is named after the late Claudia Jack, a public defender and long-time champion of the poor and underprivileged. The Drowota Award is given to a judge or judicial branch official of a federal, state or local court in Tennessee who has demonstrated extraordinary devotion and dedication to the improvement of the law, the legal system and the administration of justice, as exemplified by the career of former Tennessee Supreme Court Justice Frank F. Drowota III. The deadline to submit nominees for both awards, which will be presented at the TBA Annual Convention in June, is April 1.

Posted by: Julia Wilburn on Mar 4, 2024

The March/April 2024 issue of the Tennessee Bar Journal is now available online! Laura Kidwell brings readers a timely primer on the final judgment rule — and its exceptions — in Tennessee civil actions in this issue's cover story. We're saying heartfelt goodbyes to Barry Kolar in the feature story from former Journal editor Suzanne Craig Robertson. Our thanks to all the staff, former TBA presidents and other friends who contributed to this article! Russell Fowler is back with another fascinating history lesson, this time about a former Tennessee governor who was tried for assault and defended by Francis Scott Key, and Wade Davies' Crime & Punishment column delves into the question of when to notify the Tennessee attorney general before proceeding with a claim challenging the constitutionality of a statute. You can also catch up on the TBA's grassroots advocacy efforts, especially around funding for indigent representation, staffing news, a save the date for TBA's Day on the Hill and Big Shrimp reception, and more!


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