TBA Law Blog


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Posted by: Barry Kolar on Mar 24, 2023

Several hundred Tennessee attorneys, state legislators and their staff members gathered for the annual TBA Big Shrimp legislative reception Wednesday night to wrap up activities during the TBA Day on the Hill. The event gave TBA leaders and members a chance to meet with legislators in a casual setting to continue conversations on topics important to the profession, including repeal of the professional privilege tax and funding for indigent representation, as well as bills of particular interest to a number of TBA sections. See photos from the event.

Posted by: Stacey Shrader Joslin on Mar 24, 2023

The Tennessee Supreme Court ruled this week that the Shelby County Civil Service Merit Board did not act arbitrarily or capriciously by affirming the termination of Shelby County firefighter Paul Zachary Moss, though it did not hear evidence of discipline previously imposed on other firefighters. Moss was dismissed after allegedly becoming involved in a fight with two men at a political rally, pointing a gun at the pair and threatening to kill them. He entered an Alford guilty plea to one count of aggravated assault. Read more about the case.

Posted by: Stacey Shrader Joslin on Mar 24, 2023

TBA's Director of Public Policy & Government Affairs Berkley Schwarz and Adams and Reese attorney and TBA lobbyist Brad Lampley are out with a new Legislative Update podcast today. In this week's episode, they recap the TBA's Day on the Hill, hint at a possible adjournment date and discuss the Tennessee Domestic Relations Arbitration Act (HB1177/SB710); Tennessee Revised Uniform Arbitration Act (HB1162/SB775); TBA's adoption law bills, one which makes substantiative changes to law (SB919/HB854) and one that makes technical changes (SB921/HB855); and two bills dealing with the cost of electronic medical records in disability claims: HB1071/SB1393 and the Trial Lawyers/TBA bill HB647/SB1313. Finally, the episode looks at three bills targeting the professional privilege tax for attorneys: HB586/SB640 and HB580/SB1122, which would eliminate the tax, and HB585/SB641, which would phase out the tax over three years. The program airs each week during the legislative session on TBA’s Facebook page. It is also posted on the TBA’s website and wherever you listen to podcasts.

Posted by: Stacey Shrader Joslin on Mar 24, 2023
News Type: Legal News

Photographs from last weekend’s Tennessee State High School Mock Trial Competition award ceremony are now posted on the TBA’s website. Check out photos of second place finisher Signal Mountain High School of Chattanooga, Team Sportsmanship Award recipient Farragut High School of Knoxville and individual winners of the best witness, best advocate and Team MVP awards. High resolution versions of these photos are available for anyone who would like to receive them. Email tbatoday@tnbar.org to request specific images.

Posted by: Stacey Shrader Joslin on Mar 24, 2023
News Type: TBA CLE

Make plans now to attend the TBA's 2023 Entertainment & Sports Law Forum on May 11 in Nashville. The four-hour program, including one dual hour, will be held at Belmont University College of Law. Topics to be covered include the latest in sports law, a comprehensive case law update, and a look into what is going on with beats, licensing and sampling. The program will conclude with an attorney well-being session. Immediately following the program, attendees are encouraged to attend the happy hour reception at International Market from 5-7pm CDT.

 

Posted by: Julia Wilburn on Mar 23, 2023
News Type: Legal News

Guardians ad litem in the state have not had a pay increase since since it was set at $50 per hour in 1997, the Tennessean reports. That's created a problem for the court-appointed attorneys taking on the cases and made it harder to recruit new attorneys. One source of new funding could be a federal program under the Social Security Act, and Tennessee’s Department of Children’s Services and the state Administrative Office of the Courts tells the Tennessean that they "are working collaboratively to develop a model for potential use of IV-E funds that fits Tennessee's specific needs, with a particular focus on prevention opportunities.”

Posted by: Julia Wilburn on Mar 23, 2023
News Type: Passages

James S. Tipton Jr., 74, died on March 20. A Knoxville native, Tipton was a graduate of the University of Tennessee and Duke University College of Law, where he was a member of the Order of the Coif. He practiced with Gentry Tipton & McLemore and was a member of the Knoxville, Tennessee and American Bar Associations. Active in the community, Tipton served for years as director and/or attorney for various non-profit charitable organizations, including Oak Home, YOKE, YMCA of Metropolitan Knoxville, Ethel Brickey Hicks Charitable Corporation, Bleak House Historical Library, Tau Beta Pi Engineering Honor Society and various local churches. Visitation is Friday from 4-8 p.m. EDT at Berry Funeral Home, 3704 Chapman Highway, Knoxville 37920. A funeral service will take place Saturday at 1 p.m. EDT at New Hopewell Baptist Church, 943 Kimberlin Heights Rd, Knoxville 37920, with a graveside service immediately following.

Posted by: Julia Wilburn on Mar 23, 2023
News Type: Upcoming

University of Memphis Cecil C. Humphreys School of Law will host the 2023 Herff Chair of Excellence Symposium on Household Finance and Community Development: Assessing Challenges, Inequities, and Opportunities on March 31. Click here for information about the schedule, panelists and to register.

Posted by: Julia Wilburn on Mar 23, 2023

Join the Nashville YWCA for a special Women’s History Month Stand Against Injustice webinar — Women Empowering Women — featuring community leaders and historians. This virtual lunch and learn is taking place on March 29 from noon–1 p.m. CDT. Click here to register for this free event. The webinar will focus on the legacy of the Blue Triangle Branch of the YWCA and the trailblazing African-American women who dedicated themselves to civil and human rights.

Posted by: Julia Wilburn on Mar 23, 2023

The Tennessee Lookout reports that legislation seeking to block Tennessee’s Medicaid program from contracting with any insurance company that covers gender transition healthcare in another state has stalled in the Senate. HB1215/SB1339, sponsored by House Speaker Cameron Sexton, R-Crossville, and Lt. Gov. Randy McNally, R-Oak Ridge, would eliminate all of TennCare’s contracts with managed care organizations covering gender-affirming care in other states. BlueCross BlueShield, United Healthcare and Anthem are currently allowed to sell TennCare plans and all three cover gender transitions in other states — but not through TennCare. TennCare covers over 1.7 million income-qualifying Tennesseans, half of which are children.


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