A group that led the successful U.S. Supreme Court challenge to affirmative action in college admissions has sued two major U.S. law firms over their minority fellowships, reports Reuters. The American Alliance for Equal Rights, founded by conservative activist Edward Blum, has accused the firms Perkins Coie and Morrison & Foerster of unlawfully discriminating against white candidates by limiting which law students could be considered for paid fellowships geared toward promoting diversity. The lawsuits allege the fellowships violate the Civil Rights Act of 1866, a federal law adopted after the Civil War that bars racial bias in private contracts.

The Defendant, Devon Allen Wall, pleaded guilty to one count of aggravated robbery and was convicted by a jury of two counts of aggravated kidnapping related to the same incident. On appeal, the Defendant challenges the sufficiency of the evidence supporting his aggravated kidnapping convictions and challenges the trial court’s refusal to deliver a special jury instruction. Relative to his sufficiency challenge, the Defendant contends that there was no significant confinement or removal of the victims and that the aggravated kidnappings were incidental to the underlying crime of aggravated robbery. Regarding his second challenge, the Defendant contends that the requested jury instruction concerning “relatively trivial restraints” provided crucial guidance for the jury on Tennessee’s aggravated kidnapping statute. Following our review, we affirm the judgments of the trial court.

A husband and wife entered into a marital dissolution agreement in 2019. Part of the agreement provided that once the husband retired from the United States Army, he would pay the wife alimony in futuro in an amount equal to the amount of military retirement to which the wife was entitled under the agreement. In 2021, the wife filed a motion for contempt alleging, inter alia, that the husband was not complying with the alimony requirements. The husband argued that the parties’ agreement was unenforceable because it is pre-empted by federal law. Following a hearing, the trial court found that the husband had failed to comply with the agreement but that the contempt was not willful. The husband appeals. Discerning no error, we affirm. We also grant the wife’s request for her appellate attorney’s fees.

A husband and wife each had multiple children from prior relationships. After their marriage, the husband and wife agreed to a contract that would control the distribution of their estates, with funds passing first to the surviving spouse and then to be distributed after the second spouse’s death among their children. Both husband and wife have since died. Husband’s children brought suit, arguing that the distribution of assets in husband’s final will is contrary to the contract. Awarding summary judgment to husband’s children in this declaratory judgment action, the trial court determined that the distribution of the husband’s estate is controlled by the terms of the contract. The wife’s estate appealed. We vacate and remand.

U.S. District Judge Brantley Starr says he would not enforce his recent ruling requiring lawyers for Southwest Airlines to attend "religious liberty training,” Reuters reports. Starr will decide whether to pause the ruling pending a misconduct complaint filed last week by Fix the Court, a judicial reform advocacy group. Starr is accused of violating the judicial code of conduct by assigning Alliance Defending Freedom, a conservative legal group not involved in the case, to carry out attorney sanctions related to a religious bias case brought by a flight attendant against the airline.

President Biden has named former federal prosecutor and Chicago lawyer Ed Siskel as the new top White House lawyer, replacing Stuart Delery. Reuters reports Siskel will begin his post next month. Siskel previously served in the White House counsel's office under President Obama, where he helped manage the legal response to Republican congressional investigations into Solyndra and Benghazi, CNN reports. Siskel also served in the Department of Justice as senior counsel to the deputy attorney general and associate deputy attorney general.

Make plans now to attend the TBA’s 2023 Administrative Law Forum on Dec. 8 from 9 a.m. to 1 p.m. CST. Thanks to Jonathan Fly, administrative judge for the Tennessee Department of Human Services, for producing this program. Watch for program topics and speakers coming soon.

The abortion pill mifepristone will remain available to patients but with restrictions, a three judge panel of the U.S. 5th Circuit Court of Appeals ruled last week. By a vote of 3-0, the panel blocked changes made by the Food and Drug Administration in 2016 to make the drug more accessible, but noted that its decision is subject to a prior U.S. Supreme Court order, which “stayed the district court’s order pending resolution of this appeal.” In addition, it ruled 2-1 to overturn a lower court ruling that suspended overall approval of the drug. Read more from Reuters or read the ruling.

The Health Resources and Services Administration (HRSA) recently announced it will award more than $100 million to train more nurses and grow the workforce. In an effort to address the increasing demand for nurses, funding will be apportioned to help practical nurses become registered nurses; provide specialized training for mental health and maternal care nurses; and support comprehensive residency and fellowship training programs for advanced practice nurses in primary care, among other initiatives. “Nurses are the frontline in delivering life-saving care and in keeping all of us healthy and well,” said HRSA Administrator Carole Johnson. “Today’s investments from the Health Resources and Services Administration demonstrate our ongoing commitment to supporting the nursing workforce, training and growing the next generation of nurses." Learn more on the Health and Human Services website.

TBA’s 35th Annual Health Law Forum makes its return to Nashville’s Music City Center Nov. 2-3. The premier program for Tennessee health care lawyers provides all necessary CLE requirements for the year — three dual hours and 12 general hours – while providing opportunities to connect with colleagues from across the state. Renowned Vanderbilt physician C. Buddy Creech, MD, MPH, will serve as the keynote presenter.

This must-attend event for Tennessee health law attorneys features timely information designed to up your game and keep you on top of trends in the practice area. Topics at this year’s event include AI; the False Claims Act; No Surprises Act; telehealth; antitrust laws; fraud and abuse updates; a Tennessee legislative update; state case law review; ethics; and much more. Don’t miss this chance to learn from top experts in these fields with colleagues in your practice area.

The 23rd Annual Health Law Primer, focused on introductory topics for lawyers entering the practice, will take place at the Nashville office of Bass, Berry & Sims on Nov. 1.

Health Law Primer (introductory program)
When: Wednesday, Nov. 1, Noon – 4:30 p.m. CDT
Where: Bass, Berry & Sims, 150 3rd Ave S., Nashville 37201

Health Law Forum
When:  Thursday, Nov. 2 – Friday, Nov. 3
Where: Music City Center, 201 Rep. John Lewis Way S., Nashville 37203

Discounted hotel rates are available for attendees at the Hyatt Centric just a couple blocks away from the convention center. Book your accommodations using this link.