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Posted by: Paul Burch on Oct 31, 2023

President Biden issued a new executive order Monday on AI requiring new safety assessments, equity and civil rights guidance and research on AI’s impact on the labor market, reports The Hill. The order directs federal agencies to take steps to prevent AI algorithms from being used to exacerbate discrimination in housing, federal benefits programs and the criminal justice system. In addition, the order directs the Commerce Department to create guidance for watermarking AI-generated content to mitigate the spread of AI-generated misinformation. Read the full executive order.

Posted by: Paul Burch on Oct 31, 2023

Authorities in Dickson County have settled a First Amendment lawsuit for $125,000 filed by a man who said he was arrested over a disparaging social media post about a law enforcement officer killed in the line of duty, News Channel 9 reports. Joshua Andrew Garton was arrested in 2021 after posting a meme depicting two people urinating on a gravestone with a photo of a Dickson County sheriff’s officer who was fatally shot in 2018. The officer's face was pasted into the image. Garton was charged with harassment and jailed for almost two weeks until a Dickson County judge dismissed the charges. Garton's attorneys, who filed a federal lawsuit in Nashville, said Monday the settlement compensated Garton for malicious prosecution, false arrest, and violations of his First Amendment rights.

Posted by: Paul Burch on Oct 31, 2023

A judge in Kansas blocked a state law Monday requiring healthcare providers to tell patients that medication abortion can be reversed and that abortion is linked to breast cancer, reports Reuters. Judge K. Christopher Jayaram of the District Court of Johnson County said the law, which passed in April, violated doctors' right to free speech and patients' right to abortion, which the state's highest court recognized in 2019. Jayaram's order is a preliminary injunction and will remain in place while he considers a lawsuit by abortion providers and Planned Parenthood.

Posted by: Paul Burch on Oct 31, 2023

TBA's Immigration Law Section will present Immigration Law Basics, an introductory-level CLE program, virtually on Nov. 16. This event is designed to provide law school students, new attorneys, and attorneys seeking a new practice area with the necessary knowledge and insight to become familiar with the fundamentals of immigration law. Learn more or register here. Participants will become acquainted with the basics, including: • Key terminology and concepts • Sources of immigration law and agencies involved • Different types of immigrant and non-immigrant visas—both employment-based and family-based • Deportation and removal proceedings • Potential avenues for humanitarian relief Schedule: 1-2pm CT: Immigration Law 101 - Elaine Witty 2-3pm: Five Easy Pieces...To Successfully Launch Your Immigration Practice - Linda Rose

Posted by: Kate Prince on Oct 31, 2023

The TBA Podcast Network is home to a collection of podcasts for Tennessee attorneys. BarBuzz is a monthly rundown of TBA news and upcoming events at the local and state bar levels while Legislative Updates covers activity in the General Assembly, and the Young Lawyers Division offers "War Stories," which features seasoned attorneys talking about lessons learned while practicing law. All shows are now available on Spotify, Apple Podcasts, Google Play, Stitcher, TuneIn and the TBA's website. Simply search the show title or "Tennessee Bar Association" wherever you listen to podcasts.

Posted by: Paul Burch on Oct 30, 2023

The widow of audio engineer Mark Capps is suing Metro Nashville and the police officer who shot and killed Capps at his home in January, reports the Tennessean. The lawsuit contends the Nashville Police Department fostered a "culture of fear, violence and impunity" among its officers and failed to adequately reform its policies and practices to prevent mental health-related police shootings. In January, three Nashville SWAT officers responded after Capps threatened to kill himself and his family. Capps was shot after he opened the front door once the officers were on his porch. The lawsuit challenges MNPD's narrative that Capps was armed.

Posted by: Paul Burch on Oct 30, 2023

United Auto Workers (UAW) President Shawn Fain announced today a new contract between autoworkers and GM and suspended the stand-up strike in effect for the three largest U.S. automakers, reports the Tennessean. UAW reached a tentative agreement with Ford on Wednesday and another with Stellantis on Saturday. If ratified, Fain said GM salaried workers will be given a 25% general wage increase and the return of cost of living adjustments. Ford, G.M. and Stellantis have announced car prices would increase to maintain their profits. The GM assembly plant in Spring Hill is GM's largest in North America with nearly 4,000. According to the Tennessee Economic and Community Development department, the state is the number one auto employer in the southeast.

Posted by: Paul Burch on Oct 30, 2023

A three-judge panel of the Ninth U.S. Circuit Court of Appeals has ruled unanimously that a group of health care providers can sue the state of Arizona over a law banning abortions from being performed solely because the fetus has a genetic abnormality. Reuters reports the panel did not address the merits of the challenge, finding only that the providers are entitled to pursue it in court. The providers, two doctors and medical associations, said the law was so vague they did not know when it applied. The panel found that the economic loss of not performing abortions that they otherwise would perform was enough to go forward with the lawsuit. The law was signed by Republican then-Gov. Doug Doucey in 2021 and makes nearly all abortions a crime punishable by prison. Arizona Attorney General Kris Mayes, a Democrat elected in 2022, has said she would not enforce it.

Posted by: Karen Belcher on Oct 30, 2023

CHAD A. READLER, Circuit Judge. An unfortunate series of errors by a Kentucky trial court coupled with inmate Albert Jones’s failure to appeal those mistakes resulted in Jones serving a longer sentence than he was promised by prosecutors. In that respect, the Commonwealth of Kentucky seems to have wronged Jones. The case before us, however, is not the vehicle for remedying that wrong. Defendants—state corrections officials—neither caused nor contributed to Jones’s over-incarceration, nor could they unilaterally remedy the matter, which was dictated by two court orders. Because Jones comes well short of showing that defendants deliberately failed to act (or took only ineffectual action), let alone caused Jones’s allegedly improper sentence, defendants are entitled to an award of qualified immunity. Accordingly, we reverse the judgment of the district court.

Posted by: Karen Belcher on Oct 30, 2023

A Knox County jury convicted the Petitioner, Richard Williams, III, of several offenses, including attempted first degree murder. He later filed a petition for post-conviction relief, asserting that he was denied the effective assistance of counsel. The post-conviction court dismissed the petition after finding that it was untimely and that principles of due process did not toll the running of the statute of limitations. On appeal, the Petitioner argues that the post-conviction court did not adequately consider the impact of the COVID-19 pandemic on his ability to access the prison library and, therefore, to timely file his petition. We respectfully disagree and affirm the judgment of the post-conviction court.


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