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Posted by: Stacey Shrader Joslin on Mar 17, 2025

JULIA SMITH GIBBONS, Circuit Judge. Plaintiff Gina Burt sued defendants Playtika, Ltd. and Playtika Holding Corporation (collectively, “Playtika”) in Tennessee state court, seeking to recover alleged gambling losses incurred by Tennessee residents who played Playtika’s online games. Playtika removed the case to federal court, invoking federal jurisdiction under the Class Action Fairness Act (CAFA), Pub. L. No. 109-2, 119 Stat. 4 (2005), and traditional diversity jurisdiction under 28 U.S.C. § 1332. The district court entered an order remanding the case to state court, determining that it lacked jurisdiction because (1) Burt’s suit was not a “class action” under CAFA, and (2) the losses of the Tennessee players could not be aggregated for amount in controversy purposes. Playtika appeals the district court’s remand order under CAFA’s expedited removal appeal provision, 28 U.S.C. § 1453(c).

We do not reach the statutory removal issues, however, because Burt lacks Article III standing to proceed in federal court. We therefore affirm the district court’s remand order.

Posted by: Stacey Shrader Joslin on Mar 17, 2025

Defendant, Julian Summers, was convicted by a Shelby County jury of first degree murder, tampering with evidence, and abuse of a corpse. As the thirteenth juror, the trial court affirmed the verdicts as to the first degree murder and abuse of a corpse but dismissed the verdict as to tampering with evidence. The trial court sentenced Defendant to a total effective sentence of life imprisonment plus two years. On appeal, Defendant claims that 1) the trial court erred in denying his motion to suppress his video-recorded statement to the police; 2) the trial court abused its discretion by permitting the State to call the forensic evaluator as a rebuttal witness; 3) the evidence was insufficient to support his first degree murder conviction; and 4) the trial court abused its discretion by imposing consecutive sentences. Upon review of the entire record, the briefs of the parties and the applicable law, we affirm the judgments of the trial court.

Posted by: Stacey Shrader Joslin on Mar 17, 2025

The employee filed a notice of appeal in Spanish purportedly seeking to appeal the trial court’s denial of her motion to continue a summary judgment hearing. Despite having been instructed that the notice of appeal must be in English and having been provided resources to assist with obtaining the translation, the employee failed to file anything further. Accordingly, we are unable to discern any issues or argument on appeal, and the appeal is therefore dismissed. The case is remanded to the trial court.

Posted by: Stacey Shrader Joslin on Mar 17, 2025

March 10, 2025 - March 14, 2025

Posted by: Liz Slagle Todaro & Stacey Shrader Joslin on Mar 17, 2025

The indigent representation proposal from the Tennessee Administrative Office of the Courts (AOC) on behalf of the Tennessee Supreme Court is expected to provide a range of benefits. For attorneys, that means getting paid on a more regular basis and having access to training and mentorship opportunities. For judges, that means not having to spend time finding attorneys to take cases. For clients, the plan is expected to lead to less delays for children needing guardian ad litem services and in adoption cases. And for the legal system, the plan is expected to increase the number of attorneys willing to accept appointments and provide new safeguards to protect against misuse of indigency determinations. The TBA applauds the collaborative efforts of the Supreme Court, the AOC and stakeholders in developing and advocating for a new plan for the future. Learn more about the plan and indigent representation in Tennessee.

Posted by: Stacey Shrader Joslin on Mar 14, 2025

The Tennessee Alliance for Legal Services (TALS) is seeking session proposals for this year's Equal Justice University (EJU), set for Aug. 27-29 in Murfreesboro. Topics of interest include employment law, family law, health and benefits, housing and consumer, special education and juvenile justice, as well as professionalism and techology. See all topics and submit proposals online by April 18.

Posted by: Stacey Shrader Joslin on Mar 14, 2025

The Tennessee Supreme Court has directed Dale Gerard Nowicki to respond within 30 days why discipline imposed in the state of California should not also be imposed in Tennessee. On Jan. 6, the California Supreme Court imposed two years of probation on Nowicki. The Tennessee court noted in its order that if Nowicki does not respond by the deadline, it will impose discipline "with identical terms and conditions" than what was imposed in California.

Posted by: Stacey Shrader Joslin on Mar 14, 2025

Your staff and clients rely on you to keep their information safe. That’s why data security is a top priority for LawPay. With features like military-grade encryption, you and your clients can rest assured that data is protected. However, you may have questions about other areas of data security, such as cloud computing or how to ensure your data stays safe in (and out) of LawPay. Download LawPay’s free e-book to find the answers you need to enhance cybersecurity and give your team and clients peace of mind. Learn more >>

Posted by: Stacey Shrader Joslin on Mar 14, 2025

The Industrial Development Board of the County of Knox and the Health, Educational and Housing Facility Board of the County of Knox, governed by an 11-member board of directors, are seeking retention of legal counsel to perform tasks, services and assignments as referenced in this Request for Proposals. Contact Mac McWhorter, director of site operations, at mmcwhorter@knoxvillechamber.com with any questions.

Posted by: Liz Slagle Todaro & Stacey Shrader Joslin on Mar 13, 2025

The indigent representation proposal from the Tennessee Administrative Office of the Courts (AOC) on behalf of the Tennessee Supreme Court addresses a number of challenges in the state's current system. One benefit of the proposal would be eliminating the use of court time to appoint attorneys for these cases. Under the plan, judges would be able to rely on the proposed "Office of Indigent Conflicts and Civil Counsel," which would assume responsibility for appointing lawyers in child welfare cases and criminal cases when the public defender has a conflict. In addition, the proposed "Indigent Representation Commission" would be charged with reviewing, developing and, where possible, implementing procedures to improve accountability and prevent misuse of the system. Learn more about the plan and indigent representation in Tennessee. 


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