TBA Law Blog


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Posted by: Julia Wilburn on Aug 25, 2023
News Type: Legal News

The American Bar Association (ABA) released a statement today from President Mary Smith in response to "recent efforts of some elected officials and advocacy groups to attack diversity programs at law firms." Smith argues that, "Diversity, equity and inclusion programs help remove the barriers that block the recruitment and retention of legal talent from underrepresented groups" and that efforts to expand the legal field would be "significantly damaged by the loss of diversity and pipeline programs." Forbes has a breakdown of two lawsuits challenging corporate diversity programs at law firms in Dallas and Miami.

Posted by: Stacey Shrader Joslin on Aug 25, 2023
News Type: Legal News

Three Tennessee lawyers recently were honored by national legal organizations. Former TBA President Danny Van Horn was named a new member of the American Law Institute, which works to refine, clarify and improve the practice of law. Van Horn practices in the Memphis office of Butler Snow. In addition, Chattanooga attorney Justin Faith was named a fellow of the American Bar Foundation, which conducts research on law, legal processes and legal institutions. Faith practices with Gearhiser, Peters, Elliott & Cannon. Finally, Nashville lawyer Junaid Odubeko was reappointed co-chair of the American Bar Association Litigation Section's Privacy and Data Security Committee. He practices at Bradley Arant Boult Cummings.

Posted by: Julia Wilburn on Aug 25, 2023
News Type: Legal News

The corruption trial of former Tennessee House Speaker Glen Casada and his Chief of Staff Cade Cothren has been rescheduled from October to March 5, 2024, following their request for more time to review evidence. The pair is alleged to have engaged in a kickback scheme through Cothren's company, Phoenix Solutions, which profited from House members' mailers. Former Rep. Robin Smith, who was involved in the case, has pleaded guilty and is cooperating with authorities. Additionally, former Sen. Brian Kelsey is appealing a 21-month prison sentence for federal campaign finance violations. The Tennessee Lookout reports on both developments.

Posted by: Julia Wilburn on Aug 25, 2023
News Type: Legal News

Tennessee conservatorship attorneys are reflecting on the "unusual nature" of the conservatorship at the center of Michael Oher's lawsuit against Shaun and Leigh Anne Tuohy. The Washington Post reports that local experts agree the choice of a conservatorship was, at the very least, unusual when there are other options available, and possibly more appropriate to the situation. Patrick McKenrick, a Knoxville attorney and adjunct professor at the University of Tennessee College of Law says, "Tennessee conservatorships were designed for people with mental or physical disabilities," but in the 2004 filing, the Tuohys acknowledge Oher has no known disabilities.  Nashville attorney Barbara Moss says there are "several other 'unusual' aspects of the conservatorship agreement, including a request that Oher be declared 'a resident member of [the Tuohys’] household' as part of the conservatorship." Moss noted that it was also “strange” that the petition was signed by an out-of-state attorney, a family friend of the Tuohys who was later listed as Oher's attorney in the contract for "The Blind Side" movie.

Posted by: Julia Wilburn on Aug 25, 2023
News Type: Upcoming

The U.S. District Court for the Eastern District of Tennessee will host a public reading of the U.S. Constitution on Sept. 15 to celebrate Constitution Day. The event will be held on the steps of the James H. Quillen United States Courthouse, 220 W. Depot St., Greeneville 37743, from 11:30 a.m. to approximately 1 p.m. EDT. Members of the public, school groups and members of the bar are invited to join the celebration by reading the Constitution in segments of one minute or less. Those interested in participating should check in at the bottom of the courthouse steps upon arrival.

Posted by: Julia Wilburn on Aug 25, 2023
News Type: Upcoming

Davidson County General Sessions Court Judge Lynda Jones will be the keynote speaker for the Nashville Conflict Resolution Center's (NCRC) Mediation Matters Breakfast. NCRC will host the annual event on Sept. 7 at 7 a.m. CDT at Hillwood Country Club. A brief program outlining the organization’s service to the community and recognizing community heroes will begin at 7:30 a.m. “We look forward to honoring this year’s community heroes ...” said NCRC Executive Director Sara Figalof. “This event is always a celebration of great accomplishments.” Read a press release from the group for more details.

Posted by: Julia Wilburn on Aug 25, 2023

An expedited hearing has been scheduled by Davidson County Chancellor Anne Martin for Monday in response to a legal dispute regarding the Tennessee House of Representatives' decision to prohibit protest signs during the special legislative session. The Tennessee Lookout reports that a temporary restraining order remains in place, preventing the enforcement of the ban on signs, as granted by Martin earlier this week. House Republican leaders claim that the temporary restraining order “intrudes on the core exercise of a co-equal branch’s authority” and that “disregard for separation of powers in this instance threatens to erode the structural protections that fortify the judicial and executive branches against undue incursion by the General Assembly.” WSMV has more on their arguments.

Posted by: Julia Wilburn on Aug 25, 2023
News Type: Legal News

Fifty years ago, around 39,000 children in Memphis, roughly a third of the city's schools population, were instructed to integrate racially by transferring to new schools via a busing initiative known as Plan Z. This was an expansion of the earlier Plan A, aiming to integrate schools following the 1954 Brown vs. Board of Education decision. However, Plan Z resulted in unintended consequences, with many white students leaving the system for private schools, leading to shifting demographics and development patterns in the city. The Daily Memphian is marking this anniversary with an oral history series, examining the impact of busing from various perspectives.

Posted by: Julia Wilburn on Aug 25, 2023
News Type: Legal News

In a letter to Administrative Office of the U.S. Courts (AOC) Director Roslynn Mauskopf, the judicial watchdog group Fix the Court says that 31 U.S. federal appeals court judges have attended privately-funded seminars at luxury resorts on 76 occasions since 2021. Reuters reports that the group claims these seminars appear more like paid vacations than educational events. Fix the Court argues that the luxury nature and ideological content of the events may conflict with ethical guidelines. It urges further financial transparency and investigation into the events by the AOC.

Posted by: Julia Wilburn on Aug 25, 2023
News Type: Legal News

The U.S. Postal Service (USPS) is honoring the legacy of U.S. Rep. John Lewis, D-Georgia, in the form of a Forever Stamp, which was unveiled in Nashville Thursday at the American Baptist College, where Lewis went to school in 1957. “It’s historically powerful that on this spot, this place, the unveiling of a stamp honoring John Lewis would take place where he got his humble beginnings as a public servant,” Dr. Forest E. Harris Sr., president of the American Baptist College, said. WKRN reports that before he spent decades in Congress, Lewis was originally introduced to the Civil Rights Movement and the principles of nonviolent protest in Nashville, organizing sit-in demonstrations at segregated lunch counters in town. In addition, Action News 5 reports that the USPS Forever Stamp honoring the late U.S. Supreme Court Justice Ruth Bader Ginsburg will be unveiled at the National Portrait Gallery in Washington, D.C., and be available for sale on Oct. 1.


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