The Tennessee Supreme Court unanimously voted yesterday to reverse a Davidson County trial court’s calculation of attorney fees. The trial court had sought to limit the award of attorneys fees to a homeowner who had sued a contractor over work she found to be unsatisfactory. The contractor had countersued alleging breach of contract and then amended his suit to increase the amount of damages being sought. The trial court dismissed the contractor’s suit and the homeowner sought attorneys fees. The court limited the fee to legal work done after the amended countersuit was filed. The Supreme Court reversed saying the legislature allowed attorneys fees to discourage frivolous claims. Because the amended countersuit contained the same breach of contract claim as the original, the court said the homeowner should be able to collect the full amount of fees allowed under law. Read more from the court or access the opinion.

The U.S. Supreme Court today ruled 6-3 in favor of a high school football coach who lost his job because of his post-game prayers at the 50-yard line. By a vote of 6-3, the justices ruled that Joseph Kennedy’s conduct was protected by the First Amendment, SCOTUSblog reports. Writing for the court, Justice Neil Gorsuch said that the school district’s prohibition on prayer targeted Kennedy’s religious conduct, rather than applying a neutral rule, and that the prayers were conducted during a time when other coaching staff were “free to engage in all manner of private speech.” As for the peer pressure students might feel, Gorsuch wrote: “Learning how to tolerate speech or prayer of all kinds is ‘part of learning how to live in a pluralistic society,’ a trait of character essential to ‘a tolerant citizenry.’” The three dissenting judges said Gorsuch had “misconstrue[d] the facts” of the case, depicting Kennedy’s prayers as “private and quiet” when the prayers had actually caused “severe disruption to school events.”

President Joe Biden has signed into law the most wide-ranging gun violence prevention bill passed by Congress in nearly 30 years, The Hill reports. The bill, known as the Bipartisan Safer Communities Act, enhances background checks for gun purchasers between the age of 18 and 21, makes obtaining firearms through straw purchases or trafficking a federal offense, and clarifies the definition of a federally licensed firearm dealer. It allocates $750 million to help states administer red flag laws, which seek to keep guns away from people deemed a threat to themselves or others, and includes funding for mental health treatment. Finally, it closes the so-called “boyfriend loophole” by barring individuals from possessing a firearm for at least five years if they are convicted of a misdemeanor crime of violence involving a current or former romantic partner.

A recent survey by The National Judicial College shows that 97% of the judges who responded think U.S. Supreme Court justices should be bound by an ethics code. The college, which provides training for judges, conducted the poll after the U.S. House Judiciary Committee advanced a bill directing the Supreme Court to adopt such a code. Lower-court federal judges are already subject to a code of conduct. But while Supreme Court justices consult the code and other sources for ethical guidance, they are not bound by it, Reuters reports. The Supreme Court did not respond to requests for comment. But in his 2011 end-of-the-year report, Chief Justice John Roberts said the court had "no reason" to adopt the code because “every Justice seeks to follow high ethical standards."

University of Tennessee College of Law graduates Monique Brown-Dixon, Kameron Dawson, Cashauna Lattimore and Sarah Nwankwo will each receive $2,500 to help them pay off law school debt through the Baker, Donelson, Bearman, Caldwell, & Berkowitz Loan Repayment Assistance Program. The firm annually provides financial support to graduates who obtain employment in the field of public interest law. Brown-Dixon, a 2019 graduate, is an assistant district attorney in Camden County, Georgia. Dawson, also a 2019 graduate, works with the Nashville-based organization A Better Balance to advance justice for workers. Lattimore, a 2011 graduate, works with the 4th Judicial District Public Defender’s Office in Dandridge. And Nwankwo, a 2022 graduate, will work in the juvenile division of the Fulton County, Georgia, Public Defender’s Office after passing the bar.

A 2004 study of Rutherford County’s juvenile detention policies found that the county was incarcerating too many children for minor misdemeanor offenses, including truancy and school fights. It recommended that the county pursue alternatives, such as providing shelter beds in rooms without bars for runaways and others facing minor charges. The study, conducted by a consultant, had input from officials, including Judge Donna Scott Davenport, but its recommendations ultimately were ignored, the Tennessean reports. In fact, records show that county commissioners voted twice to reject its recommendations. Observers now say the county could have saved itself millions of dollars in payments to victims had it paid more attention to the study.

Brentwood attorney Connie Reguli was sentenced to probation and jail on Friday following her conviction earlier this year in a 2018 case that saw a missing child recovered from her home. According to the Nashville Post, Reguli was sentenced to two years of supervised probation and 30 days in the Williamson County Jail for her two felony convictions. She also received 11 months and 29 days of a suspended sentence after 30 days served for the misdemeanor charge, all of which will run concurrently. Reguli remains free on bond and will have a motions hearing in August for a new trial that she is seeking, as she previously said that she will appeal her conviction. Reguli remains suspended from the practice of law while the Board of Professional Responsibility determines final action on her case.

Nashville District Attorney Glenn Funk vowed not to prosecute abortion-related cases after the U.S. Supreme Court struck down Roe v. Wade last week, the Tennessean reports. Funk said in a news release that despite the court's decision, he would not “prosecute any woman who chooses to have a medical procedure to terminate a pregnancy or any medical doctor who performs this procedure at the request of their patient.” Two years ago, he made the same commitment after the state legislature passed a law requiring doctors to share certain information about medication abortions. On the national level, Attorney General Merrick Garland criticized the ruling but said the Justice Department will protect the right to seek abortions across state lines. He also warned states against outlawing the shipment of abortion pills into their jurisdiction and urged Congress to codify abortion rights in law. Bloomberg Law has more on his comments.

The annual TBA Elder Law Forum is just a couple of weeks away! This year's program will focus on essentials such as conservatorship alternatives, Medicaid planning, VA benefits, special needs trusts and ethics. The event will take place in person at the downtown branch of the Nashville Public Library. Breakfast will be provided to all attendees, with Elder Law Section members invited to attend a luncheon to welcome new section chair Karl Warden. Don’t miss this opportunity to learn from top experts and to meet with colleagues from across the state at the first in-person Elder Law Forum in two years. Register now to attend the July 15 program.

The Food and Drug Administration (FDA) announced yesterday it is banning the sale of tobacco- and menthol-flavored pods made by Juul for its vaping devices. The ban is part of the FDA’s broader review of the vaping industry following years of pressure from politicians and public health groups to regulate the segment as strictly as other tobacco products after vaping became more common among high schoolers, Reuters reports. Juul announced today it has asked a federal appeals court to temporarily block the FDA order. Observers say the FDA move likely will hurt Juul’s defense as it faces lawsuits from a dozen states and Washington over allegations that it marketed its products to minors and played a major role in the vaping epidemic. In 2020, Tennessee Attorney General Herbert H. Slatery III joined a multistate investigation of JUUL Labs’ marketing and sales practices.