TBA Law Blog


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Posted by: Stacey Shrader Joslin on Jul 14, 2023

Nashville attorney Joanne Sowell has decided not to run as a Democrat for U.S. Senate next year, the Nashville Post reports. Sowell had established a campaign in April and raised nearly $130,000 from individual donors. She filed a campaign termination report today and has returned a large portion of donations. Sowell’s departure from the race leaves state Rep. Gloria Johnson, D-Knoxville, as the only possible candidate who has expressed interest. She told the paper in May that she is “definitely considering a run.”

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

The Knoxville Bar Association (KBA) today released the results of a survey evaluating four candidates running for Knoxville municipal judge in the Aug. 29 election. The survey asked each KBA member to rate candidates on seven attributes: knowledge, skill, experience, training, education, professional ethics and temperament. The purpose of the survey, according to KBA President Loretta Cravens, is to inform the public of the opinions of attorneys actively practicing in the region regarding candidates’ fitness to serve in a judicial position. Candidates reviewed include Andrew Beamer, Tyler M. Caviness, Judge John R. Rosson Jr. and Mary L. Ward.

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

Tennessee Attorney General Jonathan Skrmetti today filed a federal lawsuit to immediately stop liquor shipments into the state by six out-of-state companies. The lawsuit alleges that the defendants unlawfully facilitated shipments of distilled spirits for which no state license is available. It seeks an injunction under federal law and the Tennessee Consumer Protection Act. The AG’s office reports that undercover agents from the Tennessee Alcoholic Beverage Commission purchased and received unauthenticated and untaxed distilled spirits from each defendant in violation of the state’s three-tier alcohol licensing system. Earlier this week, Skrmetti helped lead a multi-state effort to advise Fortune 100 companies against employing racially discriminatory employment and contracting practices. Read the letter.

Posted by: Stacey Shrader Joslin on Jul 14, 2023

The Tennessee Supreme Court today held that the criminal gang-enhancement statute is worded broadly and does not require the state to specify a criminal defendant’s gang subset in an indictment. The statute also does not require the indictment to set forth that the defendant is in the same gang subset as the individuals whose criminal activity establishes the gang’s “pattern of criminal gang activity.” Read more about the case from the Administrative Office of the Courts or read the opinion.

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

Tennessee counties received $31.4 million from the state’s Opioid Abatement Council in the first round of payments, Tennessee Lookout reports. Additional payments will occur yearly over the next two decades. Funds come from a $600 million pot paid into by AmerisourceBergen, Cardinal Health, McKesson and Johnson & Johnson. Under state law, 35% of the funds go directly to counties while the other 65% is set aside for grant programs. The news outlet has an interactive map showing how much each county will receive. In addition, Tennessee could have access to another $490 million if proposed settlements with Allergan, CVS, Teva, Walgreens and Walmart are approved.

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

Lincoln Memorial University Duncan School of Law has promoted Jordan Houser to director of career services and alumni relations. In his new role, Houser will lead the Office of Career Services and counsel current law students and alumni regarding all aspects of career development. Houser joined the law school in 2021 and has been serving as assistant director of career services. A 2017 graduate of the University of Tennessee College of Law, Houser previously served as a staff attorney in the Tennessee Valley Authority's Office of General Counsel and as a real estate associate in the Knoxville office of Baker, Donelson, Bearman, Caldwell & Berkowitz.

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

The latest version of the state of Tennessee’s app includes a new section for mental health and addiction resources featuring the top services from the Tennessee Department of Mental Health and Substance Abuse Services. MyTN app users can easily click to call or text the Statewide Crisis Line and the Tennessee REDLINE. The app also has information on connecting to treatment services for those who are uninsured including the Behavioral Health Safety Net and addiction treatment Continuum of Care. Read more about the app from the state.

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

Former state Sen. Brian Kelsey, R-Germantown, is replacing his legal team after a federal judge rejected his motion to vacate his guilty plea to campaign finance crimes, the Tennessee Journal reports. In a court filing on Wednesday, Kelsey said he has hired J. Alex Little and Zachary Lawson of Burr & Forman. They replace Paul Bruno, David Rivera, Jerry Martin and David Warrington. The move comes amid what Kelsey’s new lawyers called a “deterioration of attorney-client relationships.” The new team also says they are looking at the potential for litigation against prior counsel. Little and Lawson asked a judge overseeing the case to delay Kelsey’s sentencing date by at least a month so they can get up to speed on the case.

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

A Canadian judge has ruled a farmer’s thumbs-up emoji constituted approval of a contract texted to him by a grain buyer, the ABA Journal reports. The farmer, Chris Achter, argued that the emoji merely indicated he had received the contract, not that he agreed to its terms. Under the court’s ruling Achter was ordered to pay $82,200 in Canadian dollars for breach of contract. The amount equals about $61,000 in U.S. dollars. Santa Clara University law professor Eric Goldman tells the New York Times that the precise meanings of emojis in both the United States and Canada depend on the facts of the case. “This case won’t definitively resolve what a thumbs-up emoji means,” he said. “But it does remind people that using the thumbs-up emoji can have serious legal consequences.”

Posted by: Stacey Shrader Joslin & Laura Labenberg on Jul 14, 2023
News Type: TBA CLE

The TBA Young Lawyers Division is replaying three CLE webcasts from earlier in the year to help lawyers refresh and rejuvenate their practice. On Aug. 25, join colleagues for How to Log Off When Your Workday is Done. This program will focus on carving out time for yourself even when others expect you to be available at a moment’s notice. Panelists will discuss tips and tricks for setting boundaries around your personal time, managing expectations with clients and other attorneys, incorporating wellness into your day, and the benefits of logging off and getting out of the office.


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