TBA Law Blog


40,929 Posts found
Previous • Page 788 of 4,093 • Next
Posted by: Stacey Shrader Joslin on Jun 30, 2023

State Sen. Heidi Campbell, D-Nashville, is suggesting an audit of how the state used federal relief aid it received for rental assistance during the COVID-19 pandemic, the Tennessean reports. The state received $383.4 million for rental assistance. The Tennessee Housing Development Agency (THDA) in turn hired Horne LLP to process applications, determine applicant eligibility and assist landlords, but is not able to identify the amount of federal funds that it disbursed. During a meeting of the Fiscal Review Committee this week, Campbell also criticized the agency for returning funds back to the federal government while Tennessee families remained in need. "An audit might be a good idea here," she said.

Posted by: Stacey Shrader Joslin on Jun 30, 2023
News Type: Legal News

Tennessee Attorney General Jonathan Skrmetti has filed a notice of appeal of the injunction issued by the U.S. District Court for the Western District of Tennessee in the case of Friends of George, Inc. v. Mulroy. The notice is the first step in appealing the decision from earlier this month. Skrmetti said that the language “harmful to minors,” which the court found to be unconstitutionally vague, has appeared in various parts of Tennessee code for 33 years. Read his full statement.

In other news from the AG's office, Skrmetti has joined with attorneys general from other states on a number of lawsuits and regulatory comments in recent weeks. These include a suit against 20 polyfluoroalkyl substance (PFAS) manufacturers for advertising and selling products with harmful chemicals, and a suit against the Biden administration’s proposed new “Circumvention of Lawful Pathways” immigration rule. Regulatory comments include support for the Federal Communications Commission’s move to apply the National Do Not Call Registry to text messages but expressing concerns about a proposed rule regarding prior express written consent under the Telephone Consumer Protection Act; opposition to proposed Environmental Protection Agency regulations that would affect sterilization of medical devices; and opposition to the president unilaterally raising the debt ceiling. Skrmetti also recently announced a settlement with Adore Me Inc. regarding deceptive advertising and billing practices.

Posted by: Stacey Shrader Joslin on Jun 30, 2023

Changes to the Tennessee Rules of Civil Procedure and Tennessee Rules of Criminal Procedure, approved by the General Assembly in April, took effect July 1. The changes were originally proposed by the Tennessee Supreme Court in August 2022 based on recommendations from the Advisory Commission on the Rules of Practice & Procedure. The court originally included amendments to Rule 41 of the Rules of Criminal Procedure but after a comment period decided to send that section back to the commission for further consideration.

Posted by: Stacey Shrader Joslin on Jun 30, 2023

More than 170 laws passed this year by the Tennessee General Assembly are set to become effective tomorrow. The Tennessean looks at several, including new school security requirements, liability protections for gun manufacturers, business tax changes, restrictions on the sale of Delta-8 THC products, penalties for book publishers and distributors who send or sell obscene materials to public schools, stronger penalties for those who desecrate houses of worship, and paid family leave for state employees and teachers. Action News 5 has its own list, including new requirements tied to the state’s “Move Over” law, a 30-day requirement for death sentences to be carried out after all appeals are exhausted, and restrictions on universities using state funds for activity that “endorses or promotes a divisive concept.”

Posted by: Stacey Shrader Joslin on Jun 30, 2023
News Type: U.S. Supreme Court

By a vote of 6-3 today, the U.S. Supreme Court ruled that the Biden administration overstepped its authority last year when it announced it would cancel up to $400 billion in student loans. Chief Justice John Roberts wrote for the court in Biden v. Nebraska, characterizing the decision as a straightforward interpretation of federal law, SCOTUSblog reports. Justice Elena Kagan dissented in an opinion joined by Justices Sonia Sotomayor and Ketanji Brown Jackson. The Hill notes that Roberts included a note at the end of the majority opinion defending the legitimacy of the court and calling attacks on its "proper role" as "disturbing." Before issuing its ruling in the case brought by Nebraska and five other states, the court ruled unanimously in Department of Education v. Brown that two individual borrowers lacked standing to challenge the plan. Responding to the ruling, President Joe Biden this afternoon announced new plans to offer loan forgiveness through the Higher Education Act, which allows the education secretary to “compromise, waive or release” students loans. A public hearing on the plan is set for July 18. Biden also announced a repayment program for borrowers who miss payments when they resume this fall, The Hill reports.

Posted by: Stacey Shrader Joslin on Jun 30, 2023
News Type: TBA CLE

If you missed the Trial Tactics and Techniques course this past spring, catch it on replay next week. With the decline in jury trials, it has become more difficult for attorneys to obtain trial experience early in their careers. During this session, attendees will get a peek behind the curtain and learn from experienced litigators and judges who will provide trial tips and techniques. Learn how style and strategy may differ depending on the audience, how to prepare a strong opening statement and closing argument, and how to handle witnesses. Join us on July 7 from noon to 1 p.m. CDT. Register here.

Posted by: Barry Kolar on Jun 29, 2023
News Type: Legal News

Hamilton County District Attorney Coty Wamp has been appointed to investigate complaints concerning the Shelby County Clerk's office and County Clerk Wanda Halbert. A news release from the Shelby County District Attorney's office said that Wamp was appointed by Shelby County Criminal Court Judge Chris Craft at the request of District Attorney Steve Mulroy, who believed that an outside, independent prosecutor was needed because of the politically sensitive nature of the inquiry. 

Posted by: Julia Wilburn on Jun 29, 2023

The Tennessee Supreme Court has ruled that persons who lose the right to vote in Tennessee because of a criminal conviction in another state must comply with requirements set forth in two different Tennessee statutes, both of which address voting rights, in order to regain their right to vote. Justice Jeff Bivins, writing for the majority, ruled that individuals seeking to reinstate their right to vote must comply with both Tenn. Code. Ann. section 2-19-143(3), which requires the state to re-enfranchise persons convicted of out-of-state infamous crimes as soon as said persons are “pardoned or restored to the rights of citizenship by the governor or other appropriate authority of such other state," as well as the additional requirements set forth in Tenn. Code Ann. section 40-29-202, which requires that persons convicted of infamous crimes pay outstanding court costs, restitution and child support obligations before they can be re-enfranchised. Justice Sharon Lee dissented, stating that the plaintiff had been granted clemency, which restored his voting rights, so the requirement under section 40-29-202 does not apply because the plaintiff had no need to have his voting rights restored.

Posted by: Julia Wilburn on Jun 29, 2023
News Type: Legal News

Chancellor Louis Oliver III has ruled that a lawsuit filed by the Sumner County Election Commission against the county’s mayor and the county commission will be allowed to continue. The Tennessee Lookout reports that the lawsuit was filed in May after members of the Sumner County Commission sought to evict election officials from their offices and warehouse space used to store voting machines — potentially leaving machines unsecured and out of easy reach of election officials who need ready access to them.

Posted by: Julia Wilburn on Jun 29, 2023
News Type: Legal News

Sumner County has officially eliminated its Human Resources Department. According to the Tennessee Lookout, this week’s 19-4 decision is part of an ongoing approach to “streamline government and decrease bureaucratic function,” Commissioner Jeremy Mansfield said in advance of the vote. Commissioner Baker Ring was among those opposed to the measure, noting that the county is currently facing multiple lawsuits over policy actions taken by the county commission since a turnover in membership ushered in a majority of members who campaigned on limiting government in the last election.


Previous • Page 788 of 4,093 • Next