TBA President Ed Lanquist Jr. expressed support for Tennessee attorneys and the communities affected by Hurricane Helene, as well as colleagues in Florida, Georgia, Louisiana and North Carolina, saying, “We are saddened by the devastation to our communities and the losses sustained by so many. Many lawyers across the southeast have been affected by the flooding and other wind damage. Our thoughts and prayers are with all of those affected. We will be looking at ways to assist in the weeks to come.” In Tennessee, significant flooding and power outages have affected the eastern part of the state. Gov. Bill Lee issued Executive Order 105 on Friday, declaring a state emergency. A federal disaster declaration followed, providing public assistance in eight counties, primarily focused on emergency work and repair or replacement of damaged facilities. For those impacted by the storm, the Tennessee Alliance for Legal Services' website Help4TN has legal information and resources, and individuals with disaster-related legal questions may call 844-HELP4TN. Resources for lawyers interested in helping are available on the TBA website. Tennessee lawyers in need of assistance may contact TBA Access to Justice Director Liz Todaro. The American Bar Association lists opportunities to help lawyers in other states on its disaster webpage.

Acadia Healthcare, a Franklin-based company, has reached a $20 million settlement with the U.S Department of Justice (DOJ). The company was the subject of a New York Times investigation earlier this month and had been accused of defrauding Medicare and Medicaid. According to a press release, prosecutors found that Acadia held patients for longer than necessary and admitted people who did not need in-patient care. Acadia also was accused of failing to provide adequate staffing, training and/or supervision of staff, which resulted in assaults, elopements, suicides and other harm. According to the Nashville Business Journal, a company spokesperson denied any wrongdoing and said Acadia cooperated with investigators.

The U.S. Federal Trade Commission (FTC) announced actions against five companies this week, accusing them of using artificial intelligence (AI) in deceptive and unfair ways. Reuters reports that three companies were suspended for falsely claiming to help consumers generate passive income through e-commerce storefronts. Two other companies settled. DoNotPay agreed to pay $193,000 and notify customers about the limitations of its legal services and Rytr, a writing tool, agreed to stop providing review generation services. Both companies denied wrongdoing. The FTC emphasized in a statement that AI tools cannot be used to trick, mislead or defraud consumers.

TBA staff members attended the Nashville Conflict Resolution Center’s 7th Annual Mediation Matters Luncheon yesterday. The event honored Davidson County Juvenile Court Deputy Clerk Kathy Alspaugh and former Nashville Conflict Resolution Center Executive Director Sara Figal for their contributions to the field of mediation. The event also featured a keynote speech by Davidson County Juvenile Court Judge Sheila Calloway. See photos from the event.

U.S. District Judge Eli Richardson has ruled the Swan Ball’s trademark belongs to the group that has traditionally produced the annual event for Cheekwood Estate & Gardens. Richardson found that SB Initiative Inc. (SBI), the group overseeing the event, provided "sufficient evidence" of ownership. The decision comes after the group filed a lawsuit against Cheekwood. Richardson also denied Cheekwood’s request for a temporary restraining order, finding that it had not met the necessary requirements. He stated that Cheekwood was unlikely to prove it was the first user of the Swan Ball mark or that it maintained control over the goods and services offered under the mark. He then ordered the two parties to engage in mediation beginning on Oct. 11. The Nashville Post has more on the ruling.

U.S. District Judge William Campbell has dismissed a legal challenge to Tennessee’s “bathroom law,” leaving in place rules that require public schools to bar transgender students from the bathrooms and locker rooms of their choice, the Tennessee Lookout reports. The decision upholds the “Tennessee Accommodations for All Children Act,” signed into law by Gov. Bill Lee in 2021, which requires schools to offer “reasonable accommodation” to transgender students and school staff, but excludes access to multi-use restrooms or changing facilities unless students and staff make formal requests for accommodation. The Human Rights Campaign, an LGBTQ advocacy organization that filed the suit, has not yet announced plans with regard to appealing the ruling.

Justin Johnson, known by the stage name “Straight Drop” was found guilty on Thursday of first-degree murder, conspiracy to commit first-degree murder and possession of a firearm for his role in the death of Memphis rapper Young Dolph. Johnson was one of several men accused of fatally shooting Young Dolph in 2021, the Commercial Appeal reports. Johnson was sentenced to life in prison for the murder charge. Sentencing on the other charges will be decided in November. Johnson’s attorney said he plans to appeal the convictions. A second trial is possible for another man suspected to be involved in the killing, the paper reports.

The family of Daniel Prisco, a man who died of a fentanyl overdose inside a Davidson County jail in 2023, has filed a lawsuit against the facility for allowing drugs inside the jail. They are seeking $300,000 in damages. The suit argues the facility had a legal duty to protect and care for Prisco, as well as all other inmates. It also alleges that the Metro Government knew as early as February 2022 that correctional officers were smuggling narcotics, often laced with fentanyl, into the jail. According to The Tennessean, five people were charged earlier this month in connection with Prisco's death. Investigators with the Metro Nashville Police Department and Davidson County Sheriff's Office previously announced they had discovered a network of inmates and two civilians collaborating to smuggle drugs into the jail.

Tennessee Court of Workers' Compensation Claims Judge Pamela B. Johnson recently was inducted into the National Association of Workers’ Compensation Judiciary’s (NAWCJ) Adjudicators Hall of Fame. Johnson has been active in the NAWCJ since 2014. Criteria for selection in the Hall of Fame includes exemplary service as an adjudicator of workers’ compensation issues, service to the NAWCJ and a record of writing, speaking and advocating for those affected by workplace injuries. Read more about the honor in a press release from the court.

The prosecution in the federal trial against three former Memphis Police Department officers charged in the death of Tyre Nichols rested its case earlier today after hearing from its 19th and final witness. The trial began on Sept. 9. The Daily Memphian has a recap of each day of the trial. The Commercial Appeal also reports that the defense filed a motion for acquittal at the conclusion of the government’s case. Judge Mark S. Norris was set to hear arguments on the motion today.