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.

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 Technology is advancing and courtroom rules are very outdated."

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.

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.

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.

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. 

Tennessee Attorney General Jonathan Skrmetti says that he has joined the Department of Justice and seven state attorneys general in filing a civil antitrust suit against Google. The complaint alleges Google has monopolized multiple key digital advertising technologies, collectively referred to as the “ad tech stack.” Website publishers and advertisers depend on this technology to sell and buy ads, thus reaching potential customers. Publishers generate advertising revenue through ad tech tools that support the creation and maintenance of an open web. The plaintiffs allege Google’s actions are in violation of Sections 1 and 2 of the Sherman Act. Read more from the AG’s office.

U.S. Attorney for the Western District of Tennessee Kevin G. Ritz is holding a press conference concerning the death of Tyre Nichols in Memphis. Nichols, who was Black, died on Jan. 10 after being stopped by Memphis police for reckless driving three days earlier. Police said they had two confrontations with Nichols after he fled the scene of the traffic stop. According to the Daily Memphian, Nichols’ family and their lawyer, notable civil rights attorney Ben Crump, viewed video footage of the incident, which Crump called “appalling” and “deplorable.” The video shows Nichols being kicked and other “multiple uses of force” being used against him. All five of the officers involved have been fired.

Davidson County lawyer Dana L. Nero was yesterday reinstated to the practice of law by the Tennessee Supreme Court. Nero had been suspended in October for failing to respond to the Board of Professional Responsibility concerning a complaint of misconduct. Earlier this month, Nero filed a petition to lift the suspension and, after the BPR acknowledged the reason for Nero’s suspension had been resolved, the Supreme Court dissolved the temporary suspension.

The U.S. Senate Judiciary Committee grilled Ticketmaster and its parent company LiveNation during a hearing on competition in the live entertainment industry. The meeting comes after the debacle caused by the company’s handling of ticket sales for Taylor Swift’s upcoming tour. Senators were critical of Ticketmaster’s “monopolistic control” of the concert ticket system and questioned the Department of Justice’s enforcement of antitrust laws. LiveNation’s CFO argued that “the ticketing business has never been more competitive” and said the problem with Swift ticket sales was due to an unprecendented wave of bots targeting the sale website. Sen. Marsha Blackburn, R-Tennessee, grilled the company on whether it had done enough to identify and stop bots. The Tennessean has the story.