The Knoxville News Sentinel reports at least 60 cases have been prosecuted in Knox County under the state’s “gang enhancement statute,” now deemed unconstitutional. The Tennessee Court of Appeals last week struck down the 2012 law that enabled harsher penalties for crime-committing gang members; the court said the measure's language was overly broad. Attorneys said the court’s decision could lead to new sentencing hearings for defendants whose penalties were enhanced. 

A lawsuit against General Sessions Court Judge Amanda Sammons filed while she was working as a prosecutor, in which she is accused of calling a woman in a custody dispute “a jerk,” was dismissed last week by the state Court of Appeals. The Knoxville News Sentinel reports the suit also claimed Sammons ordered deputies to "take that (expletive) to jail.” The woman’s suit against Sammons earlier had been dismissed, with the judge saying it did not rise to the level of "outrageous conduct" necessary to support the lawsuit. Sammons is currently the target of two separate investigations. 

The Tennessean reports former Metro Nashville Airport Authority official John T. Howard was sentenced today to two years in federal prison stemming from charges of money laundering, wire fraud and accepting a bribe. Howard was also ordered to pay $1.4 million in restitution. According to the information filed by the government, Howard filed work orders and approved payments for airport contractors to do work that was never performed. The U.S. Attorney’s Office sought between 57 and 71 years in prison for Howard based on the federal sentencing guidelines.

U.S. Circuit Judge H. Ted Milburn of Signal Mountain died on April 1. After graduating from the University of Tennessee College of Law in 1959, Milburn practiced law in Chattanooga and became a partner at Bishop, Thomas, Leitner, Mann and Milburn. He was appointed by Gov. Winfield Dunn to be a judge in Tennessee Circuit Court, Division III, Hamilton County in 1973 and won re-election to the position for two more terms. Milburn was later appointed in 1983 by President Ronald Reagan as the U.S. District Judge for the Eastern District of Tennessee sitting in Chattanooga; the next year, Reagan appointed him to a newly created seat as a U.S. Circuit Judge of the United States Court of Appeals for the Sixth Circuit. He served on the court until 1996 when he took Senior Status. Memorial contributions in lieu of flowers can be sent to Grace Episcopal Church, 20 Belvior Ave, Chattanooga, TN, 37411. Condolences may be posted online or shared with the family via e-mail. 

A jury late Friday found former Vanderbilt football player Cory Batey guilty as charged of aggravated rape and two counts of aggravated sexual battery. Defense attorney Courtney Teasley said she believes there is grounds to appeal the verdict, The Tennessean reports. Batey, along with Brandon Vandenburg, were both found guilty of charges against them after a trial in 2015; a mistrial led to a second trial. The jury in the mistrial found Batey and Vandenburg guilty of more severe charges. Vandenburg’s trial is scheduled for June. 

Mexican car crash victims filed this lawsuit in Tennessee against the manufacturer of the subject vehicle and the manufacturer of its tires. The original lawsuit was dismissed by this Court in 2003 under the doctrine of forum non conveniens. A separate lawsuit was filed in Mexico but ultimately dismissed. The plaintiffs then filed this action in Tennessee. As the case progressed, the parties disputed whether Tennessee law or Mexican law applies to the substantive issues in this case. The trial court ruled that Mexican law applies.

The TBA’s Section and Committee Leaders Conference kicked off today at the the Tennessee Bar Center in Nashville. TBA President-elect Jason Long gave opening remarks to launch the programming, followed by a Spotlight on Success panel from experienced leaders. Programming continues Saturday at Loews Vanderbilt Hotel.

The Tennessee Supreme Court today held that customers of the Hamilton County Water and Wastewater Treatment Authority may file a lawsuit to challenge their rates without first going through administrative proceedings. The authority notified customers they would be assessed an $8 per month charge for 20 years for a program to inspect and repair sewer pipes for all 26,000 of its customers. The plaintiff, American Heritage Apartments Inc., said the fee was unlawful and filed a lawsuit. The trial court dismissed the suit and held that the company must first go through administrative proceedings. The Court of Appeals reversed the dismissal, and the Supreme Court agreed that a water and wastewater treatment authority is not considered to be a “utility district” for the purpose of a rate challenge. The unanimous opinion in American Heritage Apartments, Inc. v. The Hamilton County Water and Wastewater Treatment Authority was authored by Justice Holly Kirby.

We granted permission to appeal to determine whether a customer who seeks to challenge monthly rates charged by its sewer service provider must exhaust administrative remedies before filing suit. The plaintiff apartment complex filed this action individually and as a class representative, arguing that the monthly charge assessed by the defendant water and wastewater treatment authority is unlawful.

A representative of the Department of Justice yesterday said “there has been little movement in addressing overrepresentation of black youth” in the Juvenile Court of Memphis and Shelby County. Speaking at a community meeting, Special Litigation Counsel Winsome Gayle said, "The court has done a good job of collecting data, but there hasn't been enough movement in figuring out how to address the problems that are showing up in the data.” Gayle did note an improvement in the court’s respect for due process rights of children, The Commercial Appeal reports.