TBA Law Blog


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Posted by: Kate Prince on Jan 31, 2023
News Type: Legal News

The Memphis Police Department confirmed a seventh, unnamed officer has been relieved of duty and further actions could be imminent at the start of the internal investigation into the murder of Tyre Nichols, the Daily Memphian reports. Four of the five ex-MPD officers charged with second-degree murder in the beating death of Nichols were suspended or received a written reprimand during their tenure with the department. Additionally, the Commercial Appeal reports that three Memphis Fire Department personnel were fired yesterday for failing to provide Nichols an "adequate patient assessment" when they were called to provide medical aid after he was beaten by police officers. Nichols will be laid to rest tomorrow at Mississippi Boulevard Christian Church in Midtown Memphis. Rev. Al Sharpton will give Nichols’ eulogy at the funeral, which will also be attended by Vice President Kamala Harris.

Posted by: Kate Prince on Jan 31, 2023
News Type: Legal News

Artificial intelligence program ChatGPT received less than mediocre scores recently when asked a series of questions about the U.S. Supreme Court, the ABA Journal reports. SCOTUSblog posed 50 questions to the chatbot, which has made headlines recently for its passing scores on two sections of a practice bar exam. ChatGPT missed 26 of the 50 questions and was outperformed by Google, even though Google can’t generate multiple paragraphs of text or have a conversation like the chatbot can. “ChatGPT’s mistakes varied widely,” SCOTUSblog reports. “Sometimes, it nailed the spirit of the question but misstated a factual detail or two, forcing us to mark the answer incorrect.” Read more ChatGPT’s answers.

Posted by: Kate Prince on Jan 31, 2023
News Type: Legal News

WPLN’s Curious Nashville series examines liabilities behind damages caused by dump trucks – even those that brandish “Keep Back 100 Feet” or “Not Responsible for Any Damage” signs. “They have the appearance of avoiding or waiving legal responsibility, but they are just signs,” says Isaac Kimes, a Nashville attorney who specializes in civil litigation. For motorists who’ve been impacted by dump truck damage, the piece recommends they take down the company name, license plate number or the truck owner’s name if they wish to pursue legal action.

Posted by: Kate Prince on Jan 31, 2023
News Type: Legal News

Tennessee Department of Children's Services Commissioner Margie Quin yesterday asked for approval to spend nearly $27 million to increase bed capacity and foster care placements for hundreds of children in state foster care, the Tennessean reports. The funding request is separate from the $156 million previously requested by DCS. The supplemental funds would primarily focus on increasing bed space for older and high-need children, in addition to increasing foster care placements for teenagers and large sibling groups. General state funds and TennCare would contribute the bulk of the funds, with some federal money added in. The department could begin using the funds immediately following legislative approval.

Posted by: Kate Prince on Jan 31, 2023
News Type: Politics

Nashville Mayor John Cooper will not run for re-election, the Nashville Post reports. Cooper was elected to the office in 2019 after serving one term on the Metro Council. His time in office has been defined by the 2020 tornado, COVID-19, the Christmas 2020 bombing and a push to build a new stadium for the Tennessee Titans. Former Metro official Matt Wiltshire and Metro councilmembers Freddie O'Connell and Sharon Hurt are among those running for the position. During a press conference today, Cooper spoke about the “unprecedented challenges” he’s faced during his time as mayor. "I never wanted to campaign — I wanted to govern,” he added.

Posted by: Stacey Shrader Joslin on Jan 31, 2023
News Type: BPR Actions

The Tennessee Supreme Court yesterday denied a petition for dissolution of a temporary suspension from Knox County lawyer Elliott James Schuchardt. The court found that Schuchardt had not shown good cause for dissolution of the suspension, which had been imposed on Sept. 21, 2022, after the court found that he posed a threat of substantial harm to the public. In its order dismissing the petition, the court said, “Rather than establishing good cause, the allegations of Mr. Schuchardt’s petition establish that he is continuing to engage in the same conduct that initially resulted” in suspension.

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

Lewis Thomason announced today that it is launching a statewide government investigations practice group. Five of its lawyers will join the group. They are: Jim Weatherly, John Manson, Miles McDowell, Preston Hawkins and Chris Sullivan. According to a release from the firm, the five bring more than 50 years of combined experience to the new group. They all have experience representing businesses and employees subject to state and federal investigations for alleged fraudulent conduct. Previous representations have included businesses accused of violating the Consumer Protection Act and environmental protection laws, and engaging in Ponzi schemes and improper billing practices. Representation of individuals includes those facing charges of Social Security and Medicare fraud, sales and use tax fraud, money laundering, wire fraud and RICO violations.

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

The Tennessee Bar Association has earned the Tennessee Society of Association Executives' (TNSAE) Award of Excellence in the continuing education program category for its CL(U)E program, which took place in Nashville in May 2022. This unique program, presented by TBA CLE and the TBA Criminal Justice Section, provided attorneys with an adventure in which teams were tasked with solving a murder mystery, like in the popular game, while learning of recent updates to Tennessee law. The interactive experience took attorneys across some of downtown Nashville’s most interesting landmarks while solving puzzles, earning clues and engaging in a number of challenging scenarios. Each year, TNSAE recognizes and celebrates individuals and associations for their impact and efforts in their communities. Congratulations to the TBA CLE staff!

Posted by: Stacey Shrader Joslin on Jan 30, 2023

Tennessee Attorney General Jonathan Skrmetti is joining a coalition of 15 state attorneys general in calling on Congress to end the Biden administration’s continued use of pandemic emergency powers. In a letter sent to congressional leaders, the group argues that despite President Biden himself declaring that “the pandemic is over,” two federal agencies — the Department of Health and Human Services and the Food and Drug Administration — continue to rely on emergency use authorizations to justify novel vaccines for young people. The letter also calls on Congress to reform the PREP Act, which provides “exceptionally broad liability protections” related to vaccines and other countermeasures under emergency declarations by the Department of Health and Human Services. Read the full release. Late today, the The Biden administration announced it would end COVID and public health emergency authority on May 11. The Hill has that story.

Posted by: Stacey Shrader Joslin on Jan 30, 2023
News Type: Upcoming

The Knoxville Lawyers Chapter of The Federalist Society will hold a reception with Tennessee Attorney General Jonathan Skrmetti on Feb. 28 beginning at 6:30 p.m. EST. The event will take place at Chesapeake's West Knoxville, 9630 Parkside Dr., Knoxville 37922. The price is $20 for members and $30 for non-members. Light food and drinks provided. Register online.


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