A fair housing, consumer law and conservatorship clinic sponsored by Memphis Area Legal Services (MALS) in partnership with The Hub will take place Wednesday from 1-3 p.m. CST. The clinic, which is held on the fourth Wednesday of the month, takes place at 590 Washington Ave., Memphis 38105. Sign up to volunteer here or contact Heather Staggs, 901-255-3421 with any questions.

SUTTON, Chief Judge. When the Internal Revenue Service levied tax penalties against Mann Construction and its owners under one of its regulations, technically a Notice, the taxpayers replied that the IRS violated the Administrative Procedure Act. In a prior opinion, we held that the Notice violated the APA. The IRS voluntarily refunded the penalties to the plaintiffs and agreed not to apply the Notice to the taxpayers in the future. Even so, the district court on remand proceeded to invalidate the regulation nationwide. Because the dispute is moot, we vacate the district court’s decision.

A majority of the Judges of this Court in regular active service has voted for rehearing en banc of this case. Sixth Circuit Rule 35(b) provides as follows: The effect of the granting of a hearing en banc shall be to vacate the previous opinion and judgment of this court, to stay the mandate and to restore the case on the docket sheet as a pending appeal. Accordingly, it is ORDERED that the previous decision and judgment of this court are vacated, the mandate is stayed, and this case is restored to the docket as a pending appeal. The Clerk will direct the parties to file supplemental briefs and will schedule this case for oral argument as soon as possible.

BLOOMEKATZ, Circuit Judge. Brian Ames, a member of the Ohio Republican Party (ORP), challenges the constitutionality of Ohio Revised Code § 3517.03, the law governing how Ohio’s political parties select their central committee membership. Ames contends that § 3517.03 contains two unconstitutional provisions: (1) a requirement that political parties elect one man and one woman from each central committee district; and (2) a requirement that central committee members serve terms of either two or four years. The district court concluded that Ames lacked standing and dismissed his claims. We agree. Independent of the statute, the ORP’s internal rules contain an identical gender provision and a compatible two-year term- length provision. Ames does not challenge the ORP’s ability to maintain those internal rules, nor does he present any allegation or evidence that the ORP would change its internal practices in the absence of § 3517.03. It follows that Ames fails to allege a redressable injury, and we therefore affirm the district court’s order dismissing the case for lack of jurisdiction.

The petitioner, Humberto Paulino Gomez, appeals the denial of his petition for post- conviction relief, which petition challenged his 2020 Greene County Criminal Court guilty- pleaded convictions of second degree murder and attempted second degree murder, for which he received an effective 20-year sentence. On appeal, the petitioner argues that he was deprived of the effective assistance of counsel and that his plea was not knowingly and voluntarily entered. Discerning no error, we affirm.

This is a contract dispute. The trial court granted non-resident Appellees’ Tennessee Rule of Civil Procedure 12.02(2) motion to dismiss for lack of personal jurisdiction. After conducting a de novo review, we agree with the trial court that Appellees did not have minimum contacts with Tennessee that would permit the exercise of personal jurisdiction over them. Discerning no error, we affirm.

In April of 2018, Bank of America, N.A. (“BOA”) conducted a foreclosure sale on a piece of real property located in Anderson County, Tennessee. The property was subsequently sold to a third party. The previous homeowner, Reginald Hall (“Appellant”), initiated wrongful foreclosure proceedings against BOA, among others, in the Chancery Court for Anderson County (the “trial court”). BOA filed a motion for summary judgment on July 7, 2022. Following a hearing, the trial court entered an order granting BOA’s motion. Appellant appeals to this Court. Because Appellant’s brief does not comply with the applicable Rules of Appellate Procedure governing briefing, the issues purportedly raised are waived. The trial court is affirmed.

The defendants appeal a jury verdict rendered after several days of trial. The parties are former business associates, individuals and entities, who worked together in the manufacturing, importing, distribution, and sale of memory foam mattresses. When one of the plaintiffs withdrew from the business in 2016, he invoked a buyout provision in the parties’ operating agreement. The defendants disputed, among other things, the validity of the operating agreement and refused to pay the buyout. A protracted dispute followed, with both the plaintiffs and the defendants alleging several causes of action against one another. Following cross-motions for summary judgment in 2020, the trial court ruled that the operating agreement was not invalid for fraud or unconscionability. The case proceeded to trial on August 3, 2021. The trial lasted several days, and the jury returned a verdict largely in favor of the plaintiffs. The plaintiffs were awarded compensatory and punitive damages, as well as almost a million dollars in attorney’s fees. The defendants appealed to this Court, raising a host of issues. We conclude, however, that the trial court erred in refusing to grant the defendants a mistrial on the first day of trial. For the reasons stated herein, we vacate the jury’s verdict and the trial court’s judgment entered in this matter and remand the case for a new trial.

For the week of November 13, 2023 - November 17, 2023

WPLN’s new podcast series "The Kids of Rutherford County" is out and available for streaming, and now a live event is scheduled for the end of the month. On Nov. 29, the Belcourt Theater will feature show host Meribah Knight for a live discussion about the series. The podcast, which was produced in partnership with ProPublica, The New York Times and Serial Production, builds on investigative reporting on the juvenile justice system in Rutherford County, where children were being arrested and illegally jailed for over a decade. Get tickets here.