Schools across the state are opening this week and school nurses are learning about a new "consent to treat" law that went into effect July 1. School nurses will no longer be able to provide non-emergency care without a signed parental consent form on file. Emergencies are the exception to the new requirements. The Nashville Banner reports that alleged violations of the law could result in the nurse losing her license or facing a civil lawsuit. Sen. Ferrell Haile, R-Gallatin, sponsored the Families’ Rights and Responsibilities Act and said that the intent of the bill was “not to change current practice” but instead to recognize the rights of parents to control the education and medical treatment of their children.

Tennessee Attorney General Jonathan Skrmetti has announced a “major bipartisan win” in federal court against Google following a ruling from U.S. District Court Judge Amit Mehta that Google violated federal antitrust law, specifically Section 2 of the Sherman Act, regarding the monopolization of its search and advertising business. In a statement released today, Skrmetti said, “I’m proud my Office was part of the trial team that successfully proved Google is an illegal monopolist. We will continue to work alongside our AG partners and the Department of Justice’s Antitrust Division to protect consumers from Google’s anticompetitive conduct.” Reuters has more on the ruling.

The legal battle in Shelby County over a new state law that restricts how judges set bail will impact local taxpayers, says Shelby County General Sessions Criminal Court Judge Bill Anderson. According to the Daily Memphian, Anderson, citing experience with similar suits, estimates court costs and attorneys’ fees could reach into the millions of dollars if a lawsuit challenging the new state law is successful. Just City and the ACLU have sued over the law, arguing it disproportionately affects low-income individuals. The county previously used a financial assessment tool to calculate bail, but a new state law bans the consideration of an individual's ability to pay when setting bail.

A three-judge panel of the U.S. 6th Circuit Court of Appeals last week upheld a Columbus, Ohio, school policy requiring students to use preferred pronouns for transgender classmates.  According to the ABA Journal, a group of parents challenged the policy, arguing it infringed on free speech rights. The court disagreed, ruling that students can avoid using pronouns altogether if they object. The opinion was written by Judge Jane B. Stranch. In a dissenting opinion, Judge Alice M. Batchelder compared the policy to forcing students to believe in ghosts, arguing it compelled acceptance of a particular viewpoint.

A federal judge has ordered that the son of Tyre Nichols must have separate legal representation in the civil lawsuit against the city of Memphis. U.S. Magistrate Judge Annie T. Christoff made the recommendation at the request of Judge Mark Norris, who is presiding over a civil suit brought for the death of Nichols at the hands of police in January 2023. The decision comes amid concerns that Nichols' mother, RowVaughn Wells, who is also the estate's representative and suing the city for wrongful death, could face conflicts of interest during settlement negotiations. The court has appointed a guardian ad litem to protect the child's interests, recognizing the potential for significant damages in the case. Read more at The Daily Memphian.

Shelby County Clerk Wanda Halbert is facing a second ouster petition after the first was dismissed in June. A new legal challenge has been filed alleging that Halbert has neglected her duties. The petition cites financial mismanagement, issues with auto dealers, and other administrative failures as grounds for removal. The county is seeking Halbert's immediate suspension pending the outcome of the case, which will involve a jury trial outside of Shelby County. The Daily Memphian has the story.

Former TBA President Sherie Edwards was elected to the executive council of the National Conference of Bar Presidents (NCBP) during the group’s Annual Meeting in Chicago last week. The NCBP — a nonprofit founded in 1950 to provide resources and training for state and local bar association leaders — met in conjunction with the American Bar Association (ABA), ABA Young Lawyers Division and National Association of Bar Professionals. See a photo from the meeting.

A Shelby County Circuit Court judge has ruled that 73 Memphis police officers can join an ongoing legal battle between the city and the police union over a new police rank. The Memphis Commercial Appeal reports that the dispute centers around the city's attempt to implement a second lieutenant rank, which the union opposes. An arbitrator sided with the union, but the city is contesting the decision. Concerned about potential career implications, 73 officers have joined the lawsuit, arguing that neither the city nor the union adequately represents their interests. Despite the city's objection, the judge sided with the officers, recognizing their direct stake in the outcome of the case due to potential career implications.

The U.S Senate has unanimously passed the JUDGES Act, which would add 66 new judgeships to federal district courts over the next decade. Above the Law reports that the effort aims to address a growing caseload and alleviate the burden on overworked judges in 25 district courts in 13 states. The bill, if enacted, would be the first major expansion of the federal judiciary since 1990. Delaware Sen. Chris Coons, a lead cosponsor of the legislation, stated, "For decades, Congress has failed to authorize new federal judgeships, creating a massive backlog of case filings for our nation’s federal judges." The bill now goes to the U.S. House of Representatives.

Several judicial seats were decided in yesterday's election. In the votes to retain their seats, both Supreme Court Justice Dwight Tarwater and Court of Criminal Appeals — Western Division Judge Matthew Wilson were successful. In a contested race, TBA Young Lawyers Division (YLD) President-elect Alex McVeagh prevailed over Kisha Cheeks in the Hamilton County Circuit Court judge seat in District 3. McVeagh will replace Judge Marie Williams, who stepped down six years before her term was set to expire. TBA Board of Governors member David Veile ran unopposed for District 21 Circuit Court judge. Rhea Clift won the election in the Germantown Municipal Court judgeship race, defeating Justin Gee. She will succeed her father, Ray Clift, who served as judge for many years. Former Shelby County Commissioner Tami Sawyer bested Lisa Arnold in the contest for Shelby County General Sessions Court clerk. In Knox County, incumbent law director David Buuck defeated challenger Jackson Fenner and Judge Hector Sanchez ran unopposed for Criminal Court judge in District 6. The Times Free Press, Daily Memphian and Knox News report on the races.