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Nashville Brewery Sues Kansas City Beer Maker for Copyright Infringement

Posted by: Katharine Heriges on Jun 22, 2018
Nashville-based TailGate Beer filed a copyright infringement lawsuit on June 19 against Kansas City’s Boulevard Brewing Co. over allegedly copying the former beer maker’s logo, the Nashville Post reports. TailGate’s logo – that of a pickup truck with beer in the bed – was trademarked in 2013, while Boulevard recently added a similar image to the label of its pale ale. The lawsuit argues that Boulevard committed willful infringement, noting that the company ran an ad campaign featuring the slogan “Why just tailgate when you could Palegate?” Boulevard has denied the claims and says the image was not knowingly taken from TailGate.

Court Directs Alternative Dispute Resolution Commission to Comment on Proposed New Rule

Posted by: Katharine Heriges on Jun 22, 2018
On June 13, 2017, the Tennessee Bar Association filed a petition seeking to amend the Rules of the Tennessee Supreme Court to add a new rule which would address the practice of "Collaborative Family Law." On August 27, 2017, the court solicited written public comments and it received written public comments from the Board of Professional Responsibility, the Nashville Bar Association, the Knoxville Bar Association, the Middle Tennessee Collaborative Alliance, individual attorneys, and individual non-attorneys. The TBA responded to those comments, and now the court directs the Alternative Dispute Resolution Commission to formally comment on this proposed new rule. The comments shall be submitted on or before Monday, August 6, and may be e-mailed to appellatecourtclerk@tncourts.gov or mailed to James M. Hivner, Clerk, Re: Collaborative Family Law Tennessee Appellate Courts 100 Supreme Court Building 401 7th Avenue North Nashville, TN 37219-1407.

Father of Joe Clyde Daniels to Undergo Pre-trial Mental Evaluation

Posted by: Katharine Heriges on Jun 22, 2018
Joseph Ray Daniels, the father charged with murdering his 5-year-old son Joe Clyde, will undergo a forensic mental health exam to determine his ability to stand trial, The Tennessean reports. Dickson County Circuit Court Judge David Wolfe ordered the exam, which according to Daniels’ public defender will also attempt to ascertain what his mental health state was at the time of the alleged crime. Daniels was indicted on counts of first degree murder, felony murder, aggravated child abuse, filing a false report and tampering with evidence.

Supreme Court Rules Waiver of Sovereign Immunity Not Retroactive

Posted by: Katharine Heriges on Jun 22, 2018
The Tennessee Supreme Court concluded the state’s waiver of sovereign immunity for claims brought against it under the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA), a federal law intended to provide job security for veterans, does not apply to cases that arose before July 1, 2014, when the waiver became effective. Read the unanimous opinion in David R. Smith v. The Tennessee National Guard, authored by Justice Cornelia A. Clark, at the TNCourts.gov website.

DOJ Asks Judge to Remove 20-day Limit on Detaining Migrant Families

Posted by: Katharine Heriges on Jun 21, 2018
The Justice Department today sought permission from a federal judge to detain immigrant families longer than 20 days in order to keep children with their parents, CBS News reports. The move comes after President Donald Trump signed an order to stop the practice of separating immigrant children from their parents. The administration’s zero-tolerance policy will remain, but families will be kept together in detention.

Supreme Court Rules States May Require Online Sales Tax

Posted by: Katharine Heriges on Jun 21, 2018
The U.S. Supreme Court ruled today that states may force online retailers to collect sales tax, CBS News reports. Tennessee Attorney General Herbert Slatery said the ruling in South Dakota v. Wayfair was “welcome” news. “Tennessee joined a multi-state amicus brief in support of South Dakota that highlighted the importance of this source of revenue for the states and the unfairness of the previous rule to our local retailers,” Slatery said in a statement.

Former State GOP Chair to Seek House District 26 Seat

Posted by: Katharine Heriges on Jun 21, 2018
After expressing interest in replacing the resigning Rep. Gerald McCormick, R-Chattanooga, yesterday, Robin Smith has confirmed that she will run for the Republican nomination for State House District 26, the Times Free Press reports. Smith, a former chair of the state Republican Party, will run with the support of Tony Sanders and Hamilton County Commissioner Greg Martin, who also expressed interest yesterday but agreed that only one would submit their name for consideration. McCormick made the surprise announcement that he would resign on Oct. 1 and drop his name from the primary ballot earlier this week.

‘Street Preachers’ Appeal Lawsuit Over Pride Festival Protest

Posted by: Katharine Heriges on Jun 21, 2018
Two men who were ejected from the Nashville Pride Festival in 2015 while protesting the event have appealed their case to the Sixth Circuit Court of Appeals, the Nashville Post reports. John McGlone and Jeremy Peters claim their First Amendment rights were violated when they were asked to leave and later threatened with arrest while they yelled at festival-goers with bullhorns. An attorney for Metro told the court that the decision to move the preachers across the street was a “reasonable time, place and manner restriction.”

SCOTUS Overturns Process for SEC Administrative Judicial Appointments

Posted by: Katharine Heriges on Jun 21, 2018
The U.S. Supreme Court has ruled that administrative law judges must be appointed by the president, courts or heads of federal agencies, overturning the process currently used by the Securities and Exchange Commission, the ABA Journal reports. The SEC contended that the judges were employees, and therefore were subject to appointment by staff members. SEC judges were being selected by the chief judge and approved by the SEC personnel office.

Chattanooga’s First African-American Elected Official Dies

Posted by: Katharine Heriges on Jun 21, 2018
John P. Franklin Jr., a Chattanooga icon who holds the distinction of being the first African-American elected official in the city, died this week, the Times Free Press reports. He was 96. Franklin was first elected to the old Chattanooga City Commission in 1971 and served five terms, including as vice mayor. He was a teacher and principal, and operated a family funeral home business.
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