TBA Law Blog


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Posted by: Stacey Shrader Joslin on Sep 11, 2023
News Type: Legal News

Police are investigating the death of a man who was found unresponsive in his cell Friday evening, WSMV reports. According to the station, officers at the Nashville-Davidson County Maximum Correctional Center discovered 60-year-old Phillip Pharris around 5:15 p.m. CDT. Medical staff were called in to assist and began CPR when they arrived. Pharris was pronounced dead at 5:55 p.m. He had been in custody since June 9 on two counts of probation violation with an arrest history of controlled substance possession, theft, vandalism and aggravated assault. An investigation is underway but foul play is not suspected.

Posted by: Stacey Shrader Joslin on Sep 11, 2023

The American Bar Association (ABA) filed an amicus brief last week with the U.S. Supreme Court, urging the court to uphold protections granted by Congress to administrative law judges (ALJs). In its next term, the court has agreed to hear a case challenging whether Congress violated Article II of the U.S. Constitution by limiting removal of ALJs. In May 2022, a divided three-judge panel of the U.S. Court of Appeals for the Fifth Circuit held that for-cause removal protections violate the constitution’s requirement that the president ensure the laws be faithfully executed. The ABA argues that ALJs need “decisional independence … to maintain public confidence in their decisions.” Read more about the case from the ABA.

Posted by: Stacey Shrader Joslin on Sep 11, 2023
News Type: Legal News

U.S. senators Marsha Blackburn and Bill Hagerty are accepting applications from candidates interested in a judicial appointment to the U.S. Court of Appeals for the Sixth Circuit. Those interested should download and complete the required questionnaire available online from Blackburn's website or Hagerty's website. Completed questionnaires and a current resume should be submitted by email to appointments@blackburn.senate.gov and appointments@hagerty.senate.gov by Oct. 2. Questions about the process also may be sent to both email addresses.

Posted by: Stacey Shrader Joslin on Sep 11, 2023

A legal clinic for veterans, sponsored by Memphis Area Legal Services Inc. and the Memphis Bar Association, will be held in Memphis tomorrow from noon to 2 p.m. CDT. The clinic will be moving back to an in-person forum at a new location — the Veterans Affairs’ (VA) social work offices at 575 Phelan Ave., Memphis 38126 — but virtual/telephonic options will still be available. Volunteers do not have to be certified by the VA to help. Cases include wills and estates, family law, child support, criminal defense, expungement, housing and consumer protection. Those interested in assisting should contact Jake Dickerson.

Posted by: Stacey Shrader Joslin on Sep 11, 2023

Legal Aid of Middle Tennessee & the Cumberlands will hold three legal clinics this week. On Tuesday, a clinic will be held at the Gallatin Civic Center, 210 Albert Gallatin Ave., from 4:30-5:30 p.m. CDT. On Wednesday, a legal clinic specifically for veterans will be held from 11 a.m. to 1 p.m. CDT at Operation Stand Down, 1125 12th Ave. S., Nashville 37203. On Thursday, a clinic will be held at Greenhouse Ministries, 309 South Academy St., Murfreesboro 37130 from 3-4:30 p.m. CDT. See all September clinics. To volunteer, contact Kendra Cheek, 615-780-7131.

Posted by: Julia Wilburn on Sep 8, 2023

Tennessee Supreme Court Justice Dwight E. Tarwater received a warm welcome to the bench this week when family, friends, colleagues, elected officials and the judiciary joined him in Knoxville for his ceremonial investiture by Gov. Bill Lee. Tarwater was confirmed as a Supreme Court justice by the Tennessee legislature in March and his term began on Sept. 1. He fills the vacancy created by the retirement of Justice Sharon G. Lee. Tarwater joins Chief Justice Holly Kirby (Memphis), Justice Jeffrey S. Bivins (Franklin), Justice Roger A. Page (Mifflin) and Justice Sarah K. Campbell (Nashville) on the state’s highest court. “Dwight Tarwater has the integrity, the intellect, the work ethic, the compassion and the old-fashioned common sense needed to be an excellent justice on our state's high court. He also has perhaps the most important quality — humility,” Kirby said. “On most of the questions that we hear, the ruling of the Tennessee Supreme Court is the final word. There is no appeal, no higher authority. That's why humility is so important.” 

Posted by: Julia Wilburn on Sep 8, 2023
News Type: Legal News

Kroger has agreed to pay up to $1.4 billion to settle thousands of lawsuits which allege that the supermarket chain's pharmacies contributed to the opioid epidemic. Reuters reports that this settlement includes $1.2 billion for U.S. states, counties and municipalities; $36 million for Native American tribes; and $177 million for attorneys' fees and expenses. The agreement does not require Kroger to admit wrongdoing, and the settlement amount depends on the participation of eligible states, which includes Tennessee. Kroger faced over 2,000 lawsuits related to the opioid crisis, and this settlement is part of a broader effort to hold companies accountable for their role in the epidemic, which has claimed the lives of nearly 645,000 people in the United States from 1999 to 2021.

Posted by: Julia Wilburn on Sep 8, 2023
News Type: Legal News

The University of Tennessee College of Law welcomed its most highly credentialed class for the second year in a row. The 143 students in the Class of 2026 boast a median GPA of 3.78 and a median LSAT of 162, the strongest numbers in school history. The class, which is the largest since 2013, was drawn from a record number of applications, over 1,500. The number was 16% higher than in the most recent application cycle. The College of Law also saw an increase in applications to its Master in Legal Studies Program — and welcomed 22 new students — bringing that program’s total enrollment to 35.

Posted by: Julia Wilburn on Sep 8, 2023
News Type: Politics

Americans for Prosperity hosted the Reignite the American Dream Dinner & Summit in Kingsport yesterday, where lawmakers discussed policies related to the American Dream. WJHL reports that topics included economic concerns such as rising inflation and government spending, with U.S. Rep. Diana Harshbarger, R-Kingsport, emphasizing the need to address inflation by reducing government spending, while state Rep. Jeremy Faison, R-Cosby, highlighted measures such as eliminating the grocery tax and investing in infrastructure. Tennessee Sen. Frank Niceley, R-Strawberry Plains, mentioned efforts to outlaw a statewide property tax. 

Posted by: Julia Wilburn on Sep 8, 2023
News Type: Legal News

Former employees of BlueCross BlueShield of Tennessee (BCBST) who were terminated due to the company's COVID-19 vaccine mandate have filed a class action lawsuit in Chattanooga federal court. The employees allege that BCBST threatened their livelihoods by not providing reasonable accommodations or telecommuting options for those who requested religious exemptions, resulting in the termination of 41 employees out of 900 "customer-facing roles." The Chattanoogan has the story.


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