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Posted by: Julia Wilburn on Jul 18, 2023

The U.S. Department of Health and Human Services (HHS) has proposed a new rule that would prohibit disclosure of medical records of individuals who cross state lines to obtain legal abortion or gender-affirming care. The Tennessee Lookout reports that Attorney General Jonathan Skrmetti has joined counterparts in 18 states in an effort to prevent the federal government from shielding those records. Under the proposed rule, the records would be protected from law enforcement, court subpoenas in civil lawsuits and family court proceedings.

Posted by: Stacey Shrader Joslin on Jul 17, 2023

Registration is now open for the TBA’s 37th Annual CLE Ski set for Jan. 20-25, 2024, in Snowmass, Colorado. The CLE package offers 15 hours of credit in a variety of practice areas while allowing time to enjoy the beautiful slopes and one of Colorado's premier ski resorts. Participants will stay at The Stonebridge Inn, located in the heart of Snowmass Village just 10 miles from Aspen and central to four remarkable ski areas: Snowmass, Aspen Highlands, Aspen Mountain and Buttermilk. An opening reception on Jan. 20 will kick off this year's program. Reserve your spot now or learn more in the online CLE course catalog.

Posted by: Stacey Shrader Joslin on Jul 17, 2023

The Montgomery County Commission has approved a $180,600 grant from the Tennessee Mental Health Court Program to launch a new mental health court in the county, News Channel 5 reports. The county had previously received a $232,000 grant for the court. The program will be voluntary for residents of the county facing criminal charges, said Circuit Court Judge Katy Olita. Some offenses will be excluded, including all Class A felonies. Sharita Brown will be the court's coordinator. The new court will begin taking applications on Sept. 7.

Posted by: Stacey Shrader Joslin on Jul 17, 2023

The Department of Education last week began notifying more than 804,000 borrowers that they will have a total of $39 billion in federal student loans automatically forgiven. The move comes after the U.S. Supreme Court found that the administration exceeded its authority in creating a loan forgiveness program that would have benefitted 43 million individuals and forgiven up to $400 billion. The Education Department reports that the new plan relies on the Higher Education Act, which allows it to adjust qualifying payments that were not properly credited to student accounts. In a press release about the action, the department said the move is intended to “address historical failures in the administration of the Federal student loan program in which qualifying payments … should have moved borrowers closer to forgiveness [but] were not accounted for.”

Posted by: Stacey Shrader Joslin on Jul 17, 2023

The Metro Nashville Police Department plans to leave $5.25 million in new state funding for school resource officers (SRO) on the table, saying the agency does not have capacity to staff the district’s 70 public elementary schools. Instead, the department will seek $3.38 million in state grant funding to support existing positions at middle and high schools. For elementary schools, it will continue its previous policy of conducting patrols around campuses, the Tennessean reports. The state SRO funding was approved in the wake of the deadly shooting at The Covenant School in March.

Posted by: Tanja Trezise on Jul 17, 2023

A Madison County Circuit Court jury found the Defendant, Halley OBrien Thompson, guilty of aggravated sexual battery. The trial court sentenced the Defendant to fourteen years in the Tennessee Department of Correction. On appeal, the Defendant contends that the trial court erred by allowing an investigator to testify that it was common for child victims to delay reporting allegations of sexual assault. He also argues that the State presented improper prosecutorial argument during its rebuttal closing argument. Upon review, we respectfully disagree and affirm the trial court’s judgment.

Posted by: Tanja Trezise on Jul 17, 2023

Defendant was convicted of a single count of aggravated sexual battery, and the trial court imposed a sentence of eight years as a Range I offender to be served in confinement. On appeal, Defendant argues that the evidence was insufficient to support his conviction and that the trial court erred by admitting the video recording of the minor victim’s forensic interview. Following our review of the entire record and the parties’ briefs, we reverse Defendant’s conviction and remand this case for a new trial.

Posted by: Stacey Shrader Joslin on Jul 17, 2023

The State Building Commission last week approved the first steps in a plan by Department of Children’s Services (DCS) to open a new transitional facility for kids coming into custody and to expand and add more security to buildings that house delinquent youth. Tennessee Lookout reports that the commission approved the initial phase of a $19 million expansion in institutional space. In the near term, this will allow the agency to add more than 100 beds, including 24 at a temporary assessment center. A Nashville facility that houses about 50 teenage boys also will get more security. Commissioner Margie Quin called the action a “positive step toward mitigating the statewide youth placement crisis.”

Posted by: Stacey Shrader Joslin on Jul 17, 2023

The U.S. Senate Judiciary Committee is scheduled to vote this week on a measure that would impose a binding ethics code on the U.S. Supreme Court. The committee chair tells the Associated Press that it is time for the justices to bring their conduct in line with the ethical standards of other branches of government. The news outlet has been releasing investigative pieces that show the justices, regardless of ideological stripes, have engaged in activity that raises ethical concerns. The legislation being considered would require the court to adopt an ethics code. One Republican on the committee said Congress should leave the matter to the court given concerns around the separation of power.

Posted by: Tanja Trezise on Jul 17, 2023

CHAD A. READLER, Circuit Judge. Two Columbus businessmen saw an opportunity in the annuities market. They founded Novus Group and developed a product to fill the gap. Using a third party, Novus pitched its new concept to a Columbus-based insurance titan, Nationwide. Not long thereafter, two Nationwide employees left the company to join another insurance giant, Prudential. Prudential later launched an annuity product that was purportedly just like Novus’s idea. Believing its concept had been stolen, Novus sued Prudential. The company’s complaint alleged that Prudential engaged in trade secrets misappropriation, in violation of Ohio’s Uniform Trade Secrets Act. The district court granted summary judgment to Prudential. We affirm.


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