The TBA’s 35th Annual Health Law Forum took place in downtown Nashville yesterday and today. Close to 300 attendees heard updates on regulatory fraud and abuse, antitrust, False Claims Act, the future of telehealth and privacy issues. The program also included a legislative update and ethics update. The keynote address was delivered by Dr. C. Buddy Creech with Vanderbilt University Medical Center, who spoke about preparing for the next pandemic. Section Chair Mark Ison with Sherrard Roe Voigt & Harbison in Nashville moderated the event, and at a luncheon today, passed the Section Cup to incoming chair Ian Hennessey, general counsel for Alliance for Multispecialty Research in Knoxville. See photos from the event.

Tennessee Attorney General Jonathan Skrmetti on Wednesday sent a letter joined by 19 other state attorneys general commenting on the Equal Employment Opportunity Commission’s (EEOC) “Proposed Enforcement Guidance on Harassment in the Workplace.” The letter claims that the proposal "threatens the First Amendment rights of millions of Americans," according to a press release from the AG's office. The EEOC has suggested new guidance that would broaden Title VII's prohibition of "sex-based harassment" to include “intentional and repeated use of a name or pronoun inconsistent with the individual’s gender identity (misgendering)” and “the denial of access to a bathroom or other sex-segregated facility consistent with the individual’s gender identity.” Read the letter.

The mother of Eric Allen, who died in a November 2022 encounter with Mt. Juliet police, has filed a lawsuit against the department, alleging that the officer who shot Allen used “unnecessary, unreasonable and excessive force” in violation of Allen’s constitutional rights. The Associated Press reports that the suit seeks $50 million, in addition to federal monitoring of Mt. Juliet Police Department’s use of force practices and procedures and changes to its patrol techniques.

Shelby County District Attorney General Steve Mulroy on Tuesday announced that his office will no longer oppose requests for cost waivers of court fines and fees by low-income residents. Mulroy says that the financial impact of this policy is negligible and that “fines and fees have a disproportionate impact in our criminal justice system on low-income people and on minority communities, further exacerbating the already existing racial and wealth inequalities we have in the criminal justice system and society more generally.” The Daily Memphian reports that between August 2022 and August 2023, the Shelby County General Sessions Criminal Court processed 2,354 cost waivers.

Desmond Mills Jr., one of five former Memphis Police Department officers facing federal charges in the killing of Tyre Nichols, appeared before U.S. District Court Judge Mark S. Norris and pled guilty to civil rights and conspiracy charges, the U.S. Attorney’s Office states in a press release. Mills pleaded guilty to counts one and three of the federal indictment, which dealt with the use of excessive force and conspiring to witness tamper; the other two counts were dismissed. The Daily Memphian reports that he also agreed to plead guilty to the state charges, which include second-degree murder, acting in concert of aggravated assault, two counts of aggravated kidnapping, two counts of official misconduct and one count of official oppression.

The law firm of Winston & Strawn has been sued in Houston federal court by an anti-affirmative action group over fellowships it offered to first year law students to help bolster diversity at the firm, Reuters reports. The suit, brought by the American Alliance for Equal Rights, is one of several filed by the group formed by conservative activist Edward Blum. Bloomberg Law reports that the firm defended its program in correspondence with the group and says it plans to continue offering the program. This article also notes the alliance threatened two other firms — Hunton Andrews & Kurth and Adams and Reese — if they do not make changes to their fellowship program criteria.

Nashville has established a new Community Review Board after the state legislators abolished civilian oversight boards, WSMV reports. Under the new law, jurisdictions may form police advisory and review entities to make recommendations for complaints against officers. In a media release, Nashville Mayor Freddie O’Connell said it was his goal to maintain a “meaningful civilian review process.” He says that since taking office, he has been “working with Metro Legal, Metro Finance, and Human Resources to ensure as smooth and complete an implementation of the option of a Civilian Review Board available under state law as possible.” Jill Fitcheard, who served as executive director of the oversight board, will serve in the same position on the new board.

Metro Nashville’s original board governing the city’s airport is back in charge after a three-judge panel ruled that an alternative board created by the state legislature was unconstitutional. Tennessee Lookout reports that the panel found that state legislators violated the home rule concept by targeting Nashville. The Attorney General's Office tells another news source that it is reviewing the decision. Metro Nashville sued to block the law’s implementation at the time it was signed into law, but over the summer, the judges allowed the new board to gain control while they considered the case.

Knox County Criminal Court Judge Scott Green has denied Christa Pike’s motion to reopen her case and reduce her sentence, meaning she will remain on death row, according to the Tennessean. Pike, 47, is the only woman on death row and the last person sentenced to death in Tennessee who was 18 at the time of the crime. Pike’s attorneys argued that a recent Tennessee Supreme Court decision showed that age should be considered in sentencing. They also noted that she suffered from untreated severe mental illness and a history of repeated physical and sexual abuse. Green rejected the appeal, saying the Supreme Court’s decision applies only to juveniles. Pike was convicted in 1996 of murdering fellow student Colleen Slemmer at the Knoxville Job Corps. In 2004, she was convicted of attempted murder while she was incarcerated.

Don't forget, the deadline for applying to be part of the Tennessee Bar Association’s Leadership Law 2024 class is Friday. Contact Paul Burch if you have questions about the program or the application process.