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Posted by: Azya Thornton on Mar 6, 2025

Tennessee Attorney General Jonathan Skrmetti announced in a press release that Chris Tutor has been named the new chief of staff, succeeding Brandon Smith, who is returning to private practice. Tutor, a Memphis native, joins the Attorney General’s Office from Butler Snow LLP, where he was a partner focusing on commercial real estate and business transactions. He earned his law degree from the University of Memphis Cecil C. Humphreys School of Law. As chief of staff, Tutor will oversee the office’s legislative and communications teams and coordinate with other state attorneys general and federal partners. “Chris Tutor’s distinguished career to date is a model of integrity, competence, and temperance, and we are excited to welcome him to the Attorney General’s Office,” Skrmetti said. “His enthusiasm and abiding love for Tennessee and its people will serve our state well.”

Posted by: Laura Labenberg on Mar 6, 2025

The U.S. Department of Education is facing two lawsuits over its recent "Dear Colleague" letter threatening to revoke federal funding from schools using race-conscious diversity, equity and inclusion (DEI) practices. One suit was brought by the American Federation of Teachers, alongside AFT-Maryland and the American Sociological Association; the other was filed by the National Education Association along with the American Civil Liberties Union. The lawsuits argue that the letter is vague, unconstitutional and exceeds the department's authority, and they seek an injunction to block the letter's enforcement. The Minnesota Reformer reports on the lawsuits.

Posted by: Julia Wilburn on Mar 5, 2025

Administrative Office of the Courts (AOC) Director Michelle Long recently testified before the Senate Judiciary Committee, where she outlined the new Plan for Indigent Representation drafted by the AOC on behalf of the Tennessee Supreme Court, among other AOC budget requests. In her testimony, Long thanked lawmakers and Gov. Bill Lee for last year’s funding that led to increased hourly rate of pay to $60 per hour to court-appointed attorneys representing the indigent. Long also stated the AOC listened to the legislature, researched how indigent representation works in other states, talked to stakeholders and developed an innovative solution to indigent representation that shifts the paradigm by providing flexible compensation for attorneys, which will take into consideration the complexities of the cases, qualifications of the attorneys and the needs of the court in that jurisdiction. The new indigent representation plan will also provide more resources to confirm indigency, and it will shift the responsibility of appointing attorneys to represent the indigent to the new Office of Indigent Conflicts and Civil Counsel which will consult with judges in each district to identify lawyers providing quality representation in their districts. Watch her testimony beginning at 1:31:04. Please visit the TBA Indigent Representation webpage for more information.

Posted by: Azya Thornton on Mar 5, 2025

LARSEN, Circuit Judge. Kirstyn Paige Bashaw was fired by her employer, Majestic Care of Whitehall. Bashaw then sued Majestic Care under Title VII and Ohio law, claiming retaliation. The district court granted Majestic Care summary judgment, holding it had provided three non-pretextual grounds for Bashaw’s termination. For the reasons below, we AFFIRM.

Posted by: Azya Thornton on Mar 5, 2025

Herbert Eugene Ewing, Movant, filed a motion pursuant to Tennessee Code Annotated section 39-17-432(h) (2022), seeking resentencing of his guilty-pleaded conviction for possession of 0.5 grams or more of cocaine with intent to sell or deliver within one thousand feet of a park, for which he was sentenced as a Range III persistent offender to serve the entire minimum twenty-year sentence for a Class B felony. Following a hearing, the trial court found that it could not resentence Movant to a lower release eligibility because release eligibility does not affect the length of the sentence and denied the motion. We grant certiorari to vacate the trial court’s order denying the motion for resentencing and remand for further proceedings consistent with this opinion.

Posted by: Azya Thornton on Mar 5, 2025

This appeal arises from the denial of line of duty disability benefits to the appellee by a pension board. The denial went before an administrative law judge who reversed the decision of the pension board and determined the appellee was entitled to benefits. The appellant filed a petition for judicial review in the chancery court, which affirmed the ruling of the administrative law judge. This appeal followed. Because the record does not contain evidence showing that the board entered a final determination, we are without subject matter jurisdiction. Accordingly, this appeal is dismissed.

Posted by: Azya Thornton on Mar 5, 2025

The U.S. Justice Department (DOJ) is urging the American Bar Association (ABA) to eliminate its diversity requirements for law schools or risk losing its accrediting authority. In a Feb. 28 letter, posted on social media site X, Attorney General Pam Bondi stated that the ABA was subjecting law faculties and students to unlawful race and sex discrimination under its diversity mandates and called for their immediate repeal, Bloomberg News reports. Last month, the ABA temporarily suspended enforcement of a rule requiring law schools to diversify faculty and students. Jennifer Rosato Perea, the ABA’s managing director of accreditation, confirmed the rule remains suspended and said the Council on Legal Education is working on revisions to ensure compliance with current law. The council is set to review any changes at its May meeting.

Posted by: Azya Thornton on Mar 5, 2025

The Nashville Bar Foundation (NBF) honored the 2025 Class of Fellows on Saturday in Nashville. The NBF Fellows Program recognizes Nashville Bar Association members who have practiced for at least 10 years and have made outstanding contributions to the legal profession and public good while demonstrating a strong commitment to the foundation’s goals. Each year, the NBF provides funding for projects that align with its mission. The David Rutherford Award was presented to Judge Joe P. Binkley Jr., an honor given annually to a fellow who exemplifies professionalism, charitable contributions and a spirit of collegiality in the legal community. A full list of honorees and grant recipients is available in the NBF’s press release.

Posted by: Azya Thornton on Mar 5, 2025

Elder Law Basics 2025, a virtual CLE program designed for attorneys new to elder law or seeking a refresher, will take place on April 10 from 10 a.m. to 3:15 p.m. CDT. The program will cover key aspects of elder law, with experienced practitioners providing insights on recent developments and best practices. Registrants will receive connection details and course materials the week of the event. For information and to register visit the TBA website.

Posted by: Azya Thornton on Mar 5, 2025

Immigration enforcement activity at Nashville jails has surged in recent weeks, with Immigration and Customs Enforcement (ICE) increasing detention requests and taking more individuals into federal custody for deportation proceedings, the Nashville Banner reports. In February, ICE agents picked up nearly four times as many people from Nashville jails as they did in the same month last year. The Davidson County Sheriff’s Office does not directly contact ICE, but its booking system automatically sends arrest information to the agency. Under a state law passed last year, local law enforcement in Tennessee must honor ICE detainer requests, allowing the agency 48 hours to take an undocumented immigrant into custody. In February 2024, ICE made 33 detainer requests, taking 11 individuals into custody. Last month, the Sheriffs office received 75 requests, with 42 people later picked up by ICE agents.


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