The U.S. Supreme Court will hear arguments over Tennessee’s law banning transgender medical care for minors on Dec. 4, SCOTUSblog reports. The Tennessee General Assembly passed the law banning surgeries as well as puberty blockers and hormone therapy for minors in 2023. The ACLU and Lambda Legal sued. While U.S. Circuit Court Judge Eli Richardson initially blocked the ban, his ruling was overturned by the U.S. 6th Circuit Court of Appeals, which allowed the law to go into effect while parties appeal. In briefs to the high court, Tennessee Attorney General Jonathan Skrmetti defended the law while the ACLU argued against it. The American Bar Association also filed an amicus brief opposing the law, and the Biden administration joined as a party opposed to the case. The case is the first of its kind to reach the high court and the ACLU’s Chase Strangio will be the first openly transgender lawyer to argue at the court. Bloomberg Law has more on that development. A decision is expected next summer.

The 2024 Creditors Practice Forum will take place in person in Nashville on Nov. 14 from 10 a.m. to 3:15 p.m. CST. The event will be held at the Tennessee Bankers Association, 211 Athens Way, Nashville 37228. This year’s forum will feature a case law update, a review of the Davidson County Local Rules of Court and more. Three general and one dual CLE credits are available. Creditors Practice Section members enjoy discounted registration and other benefits. Not a section member? Join here.

A three-judge panel heard arguments Friday over Nashville Booting’s request for relief from a Tennessee law that went into effect in July, effectively banning third-party booting companies from operating at private parking lots. According to the Nashville Banner, the company's attorney claims the law has essentially shuttered the business. In court, the company argued that the law violates the contract clause of the U.S. Constitution by nullifying dozens of contracts the company had in place with property owners. Attorneys for the state argued that legislating in the public interest can supersede the contract clause. The judges did not rule on a request for temporary relief. Scroll to the sixth story in the Banner's newsletter for more on the story.

The family of an employee for Impact Plastics who was killed by flooding caused by Hurricane Helene has filed a wrongful death lawsuit against the company, arguing that workers were forced to stay at their posts even when managers knew conditions were becoming dangerous. According to the Associated Press, many of the surviving employees have stated they were not allowed to leave the plant in time to avoid the storm’s impact. The suit argues that Impact Plastics had no required plan to safely evacuate employees even though the plant was located in a flood plain and regularly experienced water creeping into its parking lot. The suit comes after the Tennessee Bureau of Investigation (TBI) announced earlier this month that it was investigating allegations involving Impact Plastics at the direction of the local prosecutor. Impact Plastics has maintained that it monitored weather conditions and that managers dismissed employees “when water began to cover the parking lot and the adjacent service road, and the plant lost power.”

Germantown Municipal Court Judge Rhea Clift has been sworn in after winning the election in August, assuming the seat her father, Ray Clift, held for 40 years. He retired two years ago. The younger Clift worked at the district attorney’s office for nine years and later served as assistant prosecutor in Bartlett. She then became the city's chief prosecutor in 2020. Clift won the election in August capturing 63% of the vote over Justin Gee. During the swearing in ceremony, she said, “Thank you, Mom and Dad. You gave me a great name.” The Daily Memphian has more on the story.

Memphis faces a surge of gun thefts from cars, with more than 2,100 stolen in 2023, an increase of 641% during the past decade, the Daily Memphian reports. By contrast, in 2011, 287 guns were stolen from cars in Memphis. The increase follows passage of Tennessee's 2014 "guns in cars" law, which allows gun owners to store firearms in their cars if the weapons are properly secured. The law does not impose penalties for non-compliance and does not require owners to report thefts. In addition to the guns in cars law, Tennessee allows gun owners to carry openly in public without a permit. Gun safety advocates tell the paper that repealing permitless carry would have an “overnight” effect on gun thefts from cars. State Rep. Jeremy Faison, R-Cosby, an original sponsor of the guns in cars law, says gun owners need to properly secure their guns.

Middle Tennessee residents are joining environmental groups in calling for stronger state protections for the Duck River, one of the most biodiverse freshwater rivers in North America, Tennessee Lookout reports. The Southern Environmental Law Center is representing the Tennessee Wildlife Federation in an appeal against several state permits including one that would allow Columbia Power and Water Systems to develop a second water withdrawal site without additional restrictions during low water flows. Opponents of the permits argue that two factors — drought and utility companies’ plans to withdraw millions more gallons of water from the river to keep up with development and growth — are putting the river and the species that call it home in peril. The Duck River Conservancy, a preservation advocacy group, is advocating for a comprehensive water conservation and drought management plan for the region.

Despite the blockbuster job market for new law graduates in 2023, racial and ethnicity disparities in employment rates remained, according to recent data released by the National Association for Law Placement. Disparities were seen in legal jobs that require bar admission with 84% of those going to white graduates, as well as all legal jobs with 94% of those going to white law graduates, Reuters reports. Even as gaps narrowed for most minority groups, the employment disparity between white and Latino law graduates increased from last year. Those disparities are widest when looking at legal jobs that require bar admission. The new figures came amid an unusually robust job market for 2023 law graduates. Overall 92.6% of them landed jobs within 10 months of graduation — up half a percentage point from 2022.

The Tennessee Justice Bus will make stops in several locations over the next 10 days as Celebrate Pro Bono Month comes to a close. On Thursday, the bus will be in Dekalb County at the Upper Cumberland Human Resource Agency in Smithville from 9-11 a.m. CDT for a general legal advice clinic. Later that day, the bus will offer resources at Urban Housing Solutions’ Journeys of Hope meeting in Nashville from 6-7 p.m. On Friday, the bus will be at the Urban Housing Solutions Resource Fair at the Eastwood Court Apartments from 4-6 p.m. in Nashville. On Oct. 29, the bus will be in West Tennessee to participate in an expungement clinic in Decaturville from 10 a.m. to 2 p.m. Get details at the links above.

The TBA’s 36th Annual Health Law Forum took place in the Nashville area last week. Close to 300 attendees heard updates on digital health, cybersecurity, regulatory fraud and abuse and using AI in a health care context. Speakers also provided legislative, case review and ethics updates. The keynote address was delivered by David Higginson, executive vice president of Phoenix Children's Hospital. Section Chair Ian Hennessey, general counsel for Alliance for Multispecialty Research in Knoxville, produced and moderated the two-day event. At the section’s annual meeting and luncheon on Friday, he passed the Section Cup to incoming chair Imad Abdullah, senior vice president and chief legal officer with Regional One Health in Memphis. Members of the section also voted on leadership for the 2024–2025 bar year at the luncheon. Thanks to all who helped plan or speak at the event, which remains the TBA’s highest attended in-person CLE program.