TBA Law Blog


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Posted by: Stacey Shrader Joslin on Jul 17, 2023
News Type: Legal News

The Department of Education last week began notifying more than 804,000 borrowers that they will have a total of $39 billion in federal student loans automatically forgiven. The move comes after the U.S. Supreme Court found that the administration exceeded its authority in creating a loan forgiveness program that would have benefitted 43 million individuals and forgiven up to $400 billion. The Education Department reports that the new plan relies on the Higher Education Act, which allows it to adjust qualifying payments that were not properly credited to student accounts. In a press release about the action, the department said the move is intended to “address historical failures in the administration of the Federal student loan program in which qualifying payments … should have moved borrowers closer to forgiveness [but] were not accounted for.”

Posted by: Stacey Shrader Joslin on Jul 17, 2023
News Type: Legal News

The Metro Nashville Police Department plans to leave $5.25 million in new state funding for school resource officers (SRO) on the table, saying the agency does not have capacity to staff the district’s 70 public elementary schools. Instead, the department will seek $3.38 million in state grant funding to support existing positions at middle and high schools. For elementary schools, it will continue its previous policy of conducting patrols around campuses, the Tennessean reports. The state SRO funding was approved in the wake of the deadly shooting at The Covenant School in March.

Posted by: Stacey Shrader Joslin on Jul 17, 2023

The State Building Commission last week approved the first steps in a plan by Department of Children’s Services (DCS) to open a new transitional facility for kids coming into custody and to expand and add more security to buildings that house delinquent youth. Tennessee Lookout reports that the commission approved the initial phase of a $19 million expansion in institutional space. In the near term, this will allow the agency to add more than 100 beds, including 24 at a temporary assessment center. A Nashville facility that houses about 50 teenage boys also will get more security. Commissioner Margie Quin called the action a “positive step toward mitigating the statewide youth placement crisis.”

Posted by: Stacey Shrader Joslin on Jul 17, 2023
News Type: Congressional News

The U.S. Senate Judiciary Committee is scheduled to vote this week on a measure that would impose a binding ethics code on the U.S. Supreme Court. The committee chair tells the Associated Press that it is time for the justices to bring their conduct in line with the ethical standards of other branches of government. The news outlet has been releasing investigative pieces that show the justices, regardless of ideological stripes, have engaged in activity that raises ethical concerns. The legislation being considered would require the court to adopt an ethics code. One Republican on the committee said Congress should leave the matter to the court given concerns around the separation of power.

Posted by: Stacey Shrader Joslin on Jul 17, 2023

Shelby County Criminal Court Judge Paula Skahan ruled in favor of the Shelby County district attorney and a local defense attorney, saying that a state law passed earlier this year to strip all post-conviction death penalty proceedings from local district attorneys is unconstitutional, the Tennessean reports. Specifically, Skahan found that the General Assembly did not give proper notice to the public about the law and that the law wrongfully removed jurisdiction from locally elected district attorneys. Shelby County District Attorney Steve Mulroy and defense attorney Robert Hutton brought the suit. They also argued that the law violates the rights of voters but Skahan did not address that issue. The state attorney general has until Aug. 4 to appeal the decision.

Posted by: Stacey Shrader Joslin on Jul 17, 2023
News Type: Legal News

Tennessee Attorney General Jonathan Skrmetti reportedly threatened legal action against the NCAA if it had given the University of Tennessee football team a postseason ban as part of its penalties for  recruiting violations involving former coach Jeremy Pruitt. The Knoxville News Sentinel reports that a letter it obtained shows Skrmetti arguing that a postseason ban would violate a new state law allowing players to earn money for their name, image and likeness. The NCAA wrapped up its investigation last week and placed the football program on a five-year probation. The school also will have to pay at least $8 million in fines, cut 28 scholarships, limit recruiting efforts and vacate a number of wins. Pruitt was fired in 2021 after being found guilty of providing thousands of dollars in cash and gifts to players and recruits.

Posted by: Stacey Shrader Joslin on Jul 17, 2023
News Type: TBA CLE

The YLD is replaying a series of CLE webcasts from earlier in the year to help lawyers refresh and rejuvenate their practice. Tune in on Aug. 30 from noon to 1 p.m. CDT for the final installment and learn how to use an engagement letter to protect your practice. A panel will discuss what should be included in an engagement letter to set the tone of the attorney/client relationship and protect yourself, your license and firm. Topics will include what pitfalls to watch out for, common questions potential clients may have, and how to talk to clients about ethical concerns.

Posted by: Stacey Shrader Joslin on Jul 17, 2023

The Legal Aid Society of Middle Tennessee and the Cumberlands will hold two clinics this week. Tomorrow, the group will hold a clinic from 4-6 p.m. EDT at its Oak Ridge office, 575 Oak Ridge Turnpike, Ste. 201, Oak Ridge 37830. On Saturday, a general advice clinic will be held from 9:30-11:30 a.m. CDT at Belmont University, 2005 12th Ave. S., Nashville 37204. To volunteer for these clinics, contact Kendra Cheek, 615-780-7131. See all July clinics.

Posted by: Stacey Shrader Joslin on Jul 14, 2023
News Type: BPR Actions

Wilson County lawyer Lindsey Leigh Lawrence received a public censure from the Tennessee Supreme Court today. The court took the action after determining that Lawrence failed to pursue her client’s legal objectives and did not maintain good communication with her client. These actions were determined to violate Rules of Professional Conduct 1.3, 1.4, 8.4(b) and 8.4(d). The court also found that Lawrence posted videos of herself smoking marijuana while identifying herself as a lawyer. By openly engaging in conduct that is criminally actionable in Tennessee, Lawrence demonstrated a lack of respect for the law and legal institutions, the court said.

Posted by: Stacey Shrader Joslin on Jul 14, 2023
News Type: Legal News

A three-judge panel of the Fifth U.S. Circuit Court of Appeals today issued a stay of a district court ruling that had limited the Biden administration’s communication with social media companies, The Hill reports. The panel also expedited the Biden administration’s full appeal of the district court ruling from Judge Terry Doughty. Lawyers for the government argued that the district court decision’s “broad scope and ambiguous terms” were stopping it from engaging in a “vast range” of lawful conduct.


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