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Posted by: Julia Wilburn on Dec 27, 2023

SUTTON, Chief Judge. In accordance with the Individuals with Disabilities Education Act, the Kenton County School District developed an individualized education plan to meet the learning needs of high school student Jeremy Holland. Under the plan, special education teachers accompanied Jeremy to several of his classes and offered him behavioral instruction at the end of the school day. This approach worked until Jeremy’s senior year. At that point, the family enrolled him as a full-time student at the local community college and claimed that the Act required the school district to provide the same support and other special education services there. At issue is whether the Act imposes this obligation on the school district. We hold that it does not.

Posted by: Julia Wilburn on Dec 27, 2023

SUTTON, Chief Judge. Before us are two questions: Did the chairman of the Federal Energy Regulatory Commission (FERC) exceed his authority in moving for a remand of a ratemaking challenge without the support of any other members of the commission? If not, did the commission’s underlying ratemaking decisions sink to the level of arbitrary and capricious agency action? As to the first question, the commissioner exceeded his administrative authority. We accordingly remand the matter to the agency in the first instance to determine what, if anything, can or should be done about this ultra vires action. Once the agency has had the opportunity to resolve that point, any interested party may renew the petition for review of the second question.

Posted by: Julia Wilburn on Dec 27, 2023

LARSEN, Circuit Judge. Kejuan Pharrell Carter pleaded guilty to distributing methamphetamine and was sentenced to 108 months’ imprisonment. Carter challenges the procedural reasonableness of that sentence, arguing that the district court failed to address his policy argument for a downward variance from the advisory Sentencing Guidelines range. Carter is not entitled to relief because he either waived his right to bring this challenge or invited the alleged error, and no manifest injustice will result from declining to consider his challenge. We affirm.

Posted by: Julia Wilburn on Dec 27, 2023

Following a bench trial, the trial court found the Defendant, William James Andrews, guilty of two counts of vehicular homicide by intoxication, two counts of vehicular homicide by recklessness, two counts of reckless aggravated assault resulting in death and two counts of vehicular homicide with a prior DUI conviction. The trial court imposed an agreed-upon 20 year sentence in the Tennessee Department of Correction. On appeal, the Defendant challenges the trial court’s denial of his motion to suppress evidence of drugs in his blood, contending that he did not give consent for a blood draw. After review, we affirm the trial court’s judgments.

Posted by: Julia Wilburn on Dec 27, 2023

SUTTON, Chief Judge. As a cooperative federalism program, the Individuals with Disabilities Education Act offers federal funds to participating states in return for providing a “free appropriate public education” to students with disabilities in preschool, elementary school and secondary school. A high school student and his parents contend that the Act’s guarantees extend to students enrolled full-time at Kentucky’s Craft Academy for Excellence in Science and Mathematics. Located on the campus of Morehead State University, Craft provides an education in a residential environment with undergraduates and offers classes eligible for high school and college credit. The district court concluded that the Act does not apply to Craft because the dual-credit classes amounted to a postsecondary rather than secondary school education. We affirm.

Posted by: Stacey Shrader Joslin on Dec 27, 2023

The Tennessee Supreme Court recently reinstated three lawyers to the practice of law who had been suspended for failing to complete annual continuing legal education requirements. Two were reinstated after failing to complete requirements in 2023. One was reinstated for failing to complete requirements in 2015. View all administrative suspensions and reinstatements here.

Posted by: Stacey Shrader Joslin on Dec 27, 2023

Four candidates are vying for the Davidson County Fourth Circuit Court seat in the March 5, 2024, Democratic primary, the Nashville Post reports. They are: Stan Kweller, who was appointed to the seat in January following the death of Judge Phil Smith, Tusca Alexis, Audrey Anderson and Stephanie Williams. No Republican candidate filed for the circuit, which hears family law cases. Alexis has worked as a public defender and in private practice for more than 33 years. She handles family law, criminal defense, medical malpractice, worker’s compensation, personal injury, wrongful death and immigration cases. Anderson has been a divorce and family law attorney for nearly 25 years. She says she would prioritize collaborative law and mediation for simpler divorce cases. Williams has more than 20 years of family law experience, including founding the Family Justice Center and working as special master under former Judge Smith. She has pledged to make the family court system “more accessible and affordable.”

Posted by: Stacey Shrader Joslin on Dec 27, 2023

A U.S. delegation is meeting with Mexico’s president today in an attempt to have Mexico do more to limit a surge of migrants at the southwestern border, the Associated Press reports. Mexican President Andrés Manuel López Obrador has said he is willing to help, but wants to see progress in U.S. relations with Cuba and Venezuela, two of the top sources of migrants, and more aid for the region. The number of people apprehended at the southern border exceeded two million in both 2022 and 2023. In September alone, the U.S. Border Patrol apprehended more than 200,000 migrants crossing the border and a new caravan of some 7,000 people recently left southern Mexico bound for the U.S. border. The BBC has more on that story.

Posted by: Stacey Shrader Joslin on Dec 27, 2023

U.S. Attorney Henry C. Leventis for the Middle District of Tennessee announced yesterday that his office has reached an agreement with the Metropolitan Government of Nashville and Davidson County to settle allegations that Metro violated the Americans with Disabilities Act (ADA) by failing to provide reasonable modifications that would allow disabled individuals to attend public meetings remotely. As part of the settlement, Metro will revise its ADA policies and pay $500 to the complainant. Read more in a news release from the U.S. attorneys office.

Posted by: Stacey Shrader Joslin on Dec 27, 2023

As 2024 approaches, the Tennessee Attorney General’s Office Division of Consumer Affairs urges Tennesseans to make a renewed effort to protect themselves and the elderly from scams in the new year. The office has provided key tips to help consumers avoid scam loss, including being aware of fake debt collectors, using only verified customer service contacts for questions about accounts, thoroughly scrutinizing online offers, hiring only licensed contractors, and avoiding transactions involving gift cards, cryptocurrency or wire transfer. Consumers also can sign up for fraud alerts and learn more about reporting scams from the Federal Trade Commission.


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