TBA Law Blog


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Posted by: Laura Labenberg on Jan 27, 2023

The TBA YLD is committed to providing members with practical resources that increase their membership value and is excited to announce a new member benefit. The "Welcome to Tennessee Basket" offers a range of standard forms, helpful links, suggested reading and practice guides. Be sure to be logged into your TBA account to check it out. If you have a form that you use on a regular basis and you think other young lawyers would benefit from, please upload it to this link. Though you do not have to have personally created the form, if you did not, then it needs to be publicly available or you should have permission to share it. Forms could be those you frequently access online or one provided by the AOC for your practice area. The TBY YLD Board will go through all forms to review and edit for quality and formatting. If you have another resource you would recommend please send that to YLD Coordinator Laura Labenberg.

Posted by: Kate Prince on Jan 26, 2023
News Type: Legal News

The Tennessee Attorney General’s Office recently filed a response brief in Tennessee v. Department of Education at the Sixth Circuit. This brief defends the preliminary injunction issued by the Eastern District of Tennessee in July 2022 regarding guidance documents from the U.S. Department of Education. The multistate coalition, led by Tennessee, states in the brief, “the interlocutory appeal presents important issues of constitutional law and statutory interpretation and implicates billions of dollars of federal funding for Plaintiff States.” Read more from the AG’s office.

Posted by: Kate Prince on Jan 26, 2023

A special ad-hoc legislative committee met yesterday to discuss the juvenile justice system and make recommendations for the state moving forward, the Tennessean reports. The committee recommended the state increase mental health services and some punitive measures at the state's Department of Children Services-run juvenile detention centers — in addition to calling for a unified courts system to help judges better share juvenile case information across jurisdictions. Additionally, the committee recommended lowering the age a teenager could be designated as "incorrigible" from 18 to 17, establishing a “step-down” housing pilot and increasing DCS salaries.

Posted by: Kate Prince on Jan 26, 2023

Republican lawmakers have introduced new legislation that would regulate the sale and production of delta-8, a hemp-derived cannabinoid product, the Tennessean reports. State House Majority Leader William Lamberth, R-Portland, and Sen. Richard Briggs, R-Knoxville, introduced the bill, which would ban the product from those under the age of 21, add an additional sales tax of 5% and create a regulation process of the product through the Department of Agriculture. The bill was put forth after legislation to ban the product failed last year.

Posted by: Kate Prince on Jan 26, 2023
News Type: Legal News

Five Memphis police officers have been indicted on seven charges, including second-degree murder, in the death of Tyre Nichols, the Daily Memphian reports. Tadarrius Bean, Demetrius Haley, Emmitt Martin III, Desmond Mills Jr. and Justin Smith now face charges for what Nichols’ family attorney Ben Crump called a “needless and unnecessary death.” The five officers were believed to be working as part of MPD’s SCORPION unit when they stopped Nichols for alleged reckless driving earlier this month. Shelby County District Attorney General Steve Mulroy said each “played a different role in the incident,” but the “actions of all of them resulted in the death” of Nichols. Mulroy said video of the incident will be released tomorrow after 6 p.m. CST. In addition to second-degree murder, all five men are charged with acting in concert of aggravated assault, two aggravated kidnapping charges, two official misconduct charges and official oppression.

Posted by: Kate Prince on Jan 26, 2023
News Type: Legal News

New York-based startup DoNotPay, a legal chatbot created to contest parking tickets, has dropped plans to premiere its “robot lawyer” in court next month, NPR reports. CEO Joshua Browder had intended to use his AI system to help a defendant fight a parking ticket in court on Feb. 22. To do so, the defendant would wear smart glasses that both record court proceedings and dictate responses into the defendant's ear from a small speaker. The system relies heavily on AI text generator, ChatGPT, which recently made headlines for its performance on law school exams. Browder said he nixed plans for the courtroom debut after receiving a multitude of angry letters from bar associations in various states threatening legal action for possible unauthorized practice of law. "I think calling the tool a 'robot lawyer' really riled a lot of lawyers up," Browder said. "But I think they're missing the forest for the trees. Technology is advancing and courtroom rules are very outdated."

Posted by: Kate Prince on Jan 26, 2023
News Type: Legal News

A new class action lawsuit claims that mini bottles of the Fireball brand whisky, found in gas stations and grocery stores, do not actually contain whisky, the Tennessean reports. Instead, they contain whisky flavors, but labeling makes that unclear, according to the lawsuit. Fireball sells two types of beverages — Fireball Cinnamon, at 16.5% alcohol by volume, and Fireball Cinnamon Whisky, at 33%. The former being a malt beverage, legal to sell in Tennessee gas stations. "Malt Beverage With Natural Whisky & Other Flavors and Caramel Color" is written in small print on the bottom of the mini bottles. But the lawsuit contends that the marketing of the product is negligent misrepresentation and fraud.

Posted by: Kate Prince on Jan 26, 2023
News Type: TBA CLE

Save the date for the TBA Federal Practice Section annual forum on May 9. The program will include sessions tailored to both experienced federal court practitioners and those who are new to federal practice. The forum will be produced by Lincoln Memorial Duncan School of Law Professor and Federal Practice Section Chair Melanie Reid. Stay tuned for more information.

Posted by: Kate Prince on Jan 26, 2023
News Type: Legal News

Tennessee Attorney General Jonathan Skrmetti has joined 24 state attorneys general in filing an amicus brief in U.S. Supreme Court in support of a federal criminal prohibition on encouraging or inducing illegal immigration into the U.S. The brief asks the high court to overturn a Ninth Circuit Court of Appeals decision that strikes down a federal law making it illegal for a person to encourage or induce non-citizens to unlawfully enter or reside in the country. The Ninth Circuit relied on the “overbreadth doctrine” to strike down the federal law. The doctrine allows a federal court to strike down a statute if it would violate the First Amendment in a substantial number of other cases. Read more from the AG’s office.

Posted by: Kate Prince on Jan 26, 2023
News Type: Legal News

TBA's BarBuzz podcast is all new in the new year! Tune in for the first episode of 2023 with Asia Diggs Meador, who is Meritan's general counsel and senior vice president of compliance & human resources. Diggs Meador helps deliver bar association news and important updates from the Tennessee legal community. Listen online or wherever you get your podcasts and be sure to check out the entire selection of shows on the TBA Podcast Network


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