TBA Law Blog


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Posted by: Julia Wilburn on Nov 17, 2023
News Type: Congressional News

U.S. Senate Republicans on Wednesday did not get enough votes to block a new Biden administration rule on an income-driven repayment plan for federal student loans. The resolution failed 49-50. The Tennessee Lookout reports that the resolution was introduced by Sen. Bill Cassidy, R-Louisiana, who argued the plan does not “forgive debt. It transfers the burden of $559 billion in federal student loans to the 87% of Americans who don’t have student loans, who chose not to go to college or already responsibly paid off their debts." The White House disagreed, saying in a statement, “This legislation would mean higher payments for student loan borrowers and would dramatically raise costs for graduates.”

Posted by: Julia Wilburn on Nov 17, 2023
News Type: Legal News

TennCare is asking for increases of $185.49 million in recurring funds and $64.58 million in non-recurring funds, in addition to $485.26 million coming from the federal government, according to the Nashville Post. This represents an overall budget increase of $735 million. TennCare’s full budget for fiscal year 2023-2024 was $15.4 billion. In August, nearly 50,000 people lost coverage out of a possible 150,000 due for renewal.

Posted by: Julia Wilburn on Nov 17, 2023
News Type: Legal News

Shelby County Circuit Court Judge Carol Chumney ruled Thursday that Tennessee’s “stand your ground” law, formally known as the self-defense immunity statute, applies to a civil lawsuit involving Memphis Grizzlies star Ja Morant. The Daily Memphian reports that the case will proceed to an immunity hearing where Morant will have to prove that he acted in self-defense during a July 2022 fight with Joshua Holloway, from which the lawsuit stems, and therefore is immune from civil suit. Holloway's attorney has argued that the law does not apply in this case because it is a criminal statute and the case at issue is a civil matter, which Judge Chumney ruled irrelevant.

Posted by: Julia Wilburn on Nov 17, 2023
News Type: Politics

The first female-majority Memphis City Council will take office in January. Jerri Green, Pearl Walker and Michalyn Easter-Thomas won their runoff elections yesterday. They join Yolanda Cooper-Sutton, Janika White, Jana Swearengen-Washington and Rhonda Logan who were elected and reelected in the October city elections. The Daily Memphian has more on the election results.

Posted by: Julia Wilburn on Nov 17, 2023
News Type: Legal News

Two Cookeville-area educators are facing assault charges after paddling a student in October at Dodson Branch Elementary in Jackson County. A teacher and an assistant principal were arrested Nov. 7 after a grand jury returned charges of simple assault against and criminal responsibility of assault. The Tennessean reports that there is no state law banning corporal punishment in Tennessee, but many districts — including Metro Nashville; Cheatham, Dickson, Robertson, Sumner and Williamson counties; and Franklin and Murfreesboro city schools — have banned the practice altogether, some for more than a decade. In April, Gov. Bill Lee signed a law that prohibits schools from using corporal punishment against children with disabilities unless a local education agency's discipline policy permits the use of corporal punishment and a parent gives written consent to school officials.

Posted by: Julia Wilburn on Nov 17, 2023
News Type: Legal News

The Tennessee Bar Association will be open on a limited basis next week on Monday, Tuesday and Wednesday and closed on Thursday and Friday in observance of the Thanksgiving holiday. Visit the TBA website to access CLE offerings and contact information for individual staff members. The office will reopen Nov. 27 at 8 a.m. CST. Happy Thanksgiving!

Posted by: Julia Wilburn on Nov 17, 2023
News Type: Upcoming

The East Tennessee Lawyers Association for Women (ETLAW) is hosting its annual toiletry drive to benefit the Knoxville YWCA. The YWCA's housing project relies on toiletry packages every year to distribute to women in need. Items can be dropped off at or shipped to the LMU Duncan School of Law, 601 W. Summit Hill Dr., Knoxville 37902, by 9 a.m. EST on Dec. 13 or brought to The Foundry, 747 Worlds Fair Park Dr., Knoxville 37902, on Dec. 13, prior to the ETLAW Annual Meeting at noon. Visit the ETLAW website for links to an Amazon Wishlist, a toiletry drive sign up sheet and information on making monetary donations. Email Community Outreach Chair Bianca White with questions.

Posted by: Julia Wilburn on Nov 17, 2023
News Type: Election 2024

Former Fayette County Public Schools board member Civil Miller-Watkins has filed a statement of candidacy with the Federal Election Commission, adding her name to a list of Democrats seeking to challenge Republican Sen. Marsha Blackburn for her seat in Congress next year. The Tennessee Lookout reports that Miller-Watkins says her experience in a rural county and its lack of resources, along with concerns about “kitchen table issues,” prompted her candidacy. She joins state Rep. Gloria Johnson, D-Knoxville, on the ballot. Democrat Marquita Bradshaw of Memphis also announced she would seek the 2024 nomination but has not yet filed a statement of candidacy.

Posted by: Julia Wilburn on Nov 17, 2023
News Type: Legal News

An investigation by ProPublica and Nashville Public Radio has found that the Richard L. Bean Juvenile Service Center in Knoxville has been using seclusion as a punishment for years. It reports that the Department of Children's Services (DCS), the licensing agency for the facility, has documented the improper use of seclusion and has put the Bean Center on corrective action plans, though it has continued to renew its license. In 2017, DCS changed the standards for using seclusion, adding guidelines and a reporting requirement, which were then codified into law. The Bean Center, the report found, continues to use seclusion as punishment, rather than as a last resort as the law requires. Richard Bean, the facility's superintendent and namesake, says of his operation: “What we do is treat everybody like they’re in here for murder. You don’t have a problem if you do that.” A similar investigation into juvenile detention practices in Rutherford County ended with the resignation of the presiding juvenile court judge.

Posted by: Julia Wilburn on Nov 17, 2023
News Type: Legal News

The TBA Young Lawyers Division (YLD) has selected members for its 2024 Diversity Leadership Institute (DLI) class. This year's invited participants represent all six law schools across the state.

Congratulations to Abbie Dierbeck from Belmont University College of Law; Amanda Reyes and Jasmine Steele from Lincoln Memorial University Duncan School of Law; Imani Bruce, Christina Mulliford, Ian Reddick and Anthony Self from the University of Memphis Cecil C. Humphreys School of Law; Charlena Fuqua, Jasmine Patton, Amanda Harrington Sargent, Zaia Thombre and Diane Tress from Nashville School of Law; Ashley Fox from Vanderbilt University Law School; and Daniel Mendoza and Trinity Sandifer from the University of Tennessee College of Law.

Class members will embark on a six-month leadership and mentoring program designed to develop skills to succeed as a law student and attorney, empower students to contribute more to the legal community, match students to mentors in a diverse variety of practice areas, and build relationships among students of diverse backgrounds. Thanks to DLI co-chairs Brande Boyd and Rod Watson for their work selecting the new class.


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