State Rep. John Gillespie, R-Memphis, filed two bills last week related to Tennessee's bail system. The first bill, HB33, would require judges to assume that anyone charged with an offense "involving the use or display of firearms" should not be released on their own recognizance. A magistrate or judicial officer who decides to release someone with such charges on their own recognizance would "be required to list out written findings in a bail order for each applicable factor," the Commercial Appeal reports. The second bill, HB34, would allow judicial system officials to consider a defendant's juvenile record in determining bail. Currently, Tennessee law does not allow courts to consider juvenile criminal records in bail proceedings.

Miles Mason Family Law Group (MMFLG) in Memphis has moved to a new office on the fourth floor of the Crescent Center at 6075 Poplar Ave., Suite 403, Memphis, TN 38119. In a press release announcing the move, Miles Mason said, "We couldn’t be more thrilled to see MMFLG settling into their brand-new space! Transforming a previously all-white, contemporary office into a warm and welcoming environment, we added calming blue accents and homey touches to create a cozy atmosphere." Mason says his daughter's firm, Anne Mason Design, helped create the new environment with residential elements throughout the office so clients would feel safe and at ease.

Tennessee State University (TSU) appointed a new interim president shortly after its previous interim president resigned last week citing disagreements with the board over how to prevent the university from running out of money. The Tennessean reports that the board named one of its own members to the post. Dwayne Tucker, CEO of the charter school network LEAD Public Schools and a TSU alumnus, will serve as interim president. "We don't want to start 2025 off by litigating the past," Tucker said at a board meeting last week. Tucker's term as interim president will end June 30. The board plans to relaunch its search for a permanent president in January, with the goal of appointing someone to start in July, the paper reports. Since Tucker had to resigned his seat on the board, Gov. Bill Lee will be tasked with appointing a replacement, according to the paper.

Rep. Steve Cohen, D-Memphis, Democratic Sen. Ed Markey of Massachusetts and 10 other lawmakers sent a letter to the CEO of the Tennessee Valley Authority (TVA) last week, urging the federal utility to slow its expansion of natural gas plants and invest more in renewable energy. The lawmakers expressed concern that TVA may fail to meet its clean energy goals after building several large gas plants, which are subject to fluctuating fuel prices and the risk of methane leaks. According to Knox News, the letter was a response to a draft of TVA's integrated resource plan, which outlines potential pathways the utility could take to meet electricity demand by 2050. During the comment period, TVA received more than 2,200 official comments on the plan. According to the paper, a final version of TVA’s resource plan is expected to be presented to the TVA Board for consideration next spring.

A man wrongfully convicted in the early 2000s for a robbery he says he did not commit has filed a lawsuit against the city of Memphis, the Memphis Police Department and the officers who worked his case in federal court. Arits Whitehead was convicted and sentenced to 249 years in prison after a police investigation stalled for more than eight months. A year ago, he was released from prison after nearly two decades behind bars when a judge found evidence that Whitehead was wrongfully convicted. According to the Commercial Appeal, Whitehead claims he was inadequately represented and that the police knowingly relied on a shaky informant — later concealed behind a CrimeStoppers tip — to arrest him. The lawsuit does not request a specific amount in damages, instead seeking compensatory damages, attorneys' fees, court costs and punitive damages.

Virginia and South Dakota are now among 29 states that will use the new bar exam set to debut in July 2026, bringing the total number of jurisdictions to more than half of the 56 states and territories that rely on a bar exam for attorney licensing, Reuters reports. The "NextGen" bar exam is the first major redesign of the national lawyer licensing test in 25 years. It began development in 2021 with the goal of creating a test that emphasizes legal skills and relies less on memorization of laws. The Tennessee Supreme Court announced in April that, starting in July 2027, law school graduates seeking to be licensed in Tennessee will take the NextGen exam, rather than the Uniform Bar Examination (UBE), which has been used since 2019. Only two states — California and Nevada — have announced they will not adopt the NextGen bar exam.

TBA's Federal Practice Section is sponsoring a one-hour webcast Dec. 17 at 11 a.m. CST that will cover the Bail Reform Act of 1984. During the first portion of the presentation, Assistant U.S. Attorney Brent Jones will discuss the post-arrest pre-trial process, including the defendant’s initial appearance, advisement of rights and pre-trial detention options. He will then speak about the process of and practice at a detention hearing. The second portion of the presentation will consist of Federal Defender Jonathan Moffatt discussing the pretrial advisement of his client and considerations of requesting a detention hearing. He will also share steps he takes to prepare for a detention hearing. Register now!

The Knoxville Bar Association Barristers' High School Mock Trial Committee has set its regional competition for Feb. 21 and 22, 2025, at the City County Building. The top two teams will advance to a championship round on Feb. 23, 2025, at LMU Duncan School of Law Courtroom. This program is supported entirely by volunteer efforts. Traditionally, East Tennessee law school students, attorneys and judges have donated their time to serve in the roles of bailiff, scoring judges and presiding judges during the competition. To volunteer, contact Celia Ball-Christmas.

The TBA is offering a last-minute CLE opportunity to help attorneys meet their requirements before the Dec. 31 deadline with its “Attorney Wellness Package.” The package includes 5.25 dual CLE hours, focusing on critical topics like trauma, wellness and mindfulness. Highlights include the new What Attorneys Must Know About Trauma session and wellness programs from the TBA Convention. Designed for convenience and quality, this wellness-focused package provides quick access to high-value content for lawyers. For more information, visit the TBA website.

BLOOMEKATZ, Circuit Judge. Celestia Chapman requested time off under the Family and Medical Leave Act (FMLA) to take care of her sister, who was dying of cancer. Her employer, Brentlinger Enterprises, d/b/a the Midwestern Auto Group (MAG), told her the statute did not provide leave to care for an adult sibling. Eventually, when she did not show up for work one day, MAG fired her. Then it lied and told workers’ compensation authorities she had quit. MAG also threatened to bring Rule 11 sanctions if she brought an FMLA lawsuit, and failed to provide her statutorily mandated notice of health insurance availability. After that, Chapman sued, claiming that her termination and the subsequent allegedly retaliatory actions violated the FMLA and other statutes. Both parties moved for summary judgment, both parties prevailed on some claims but lost on others, and both parties now appeal. We affirm in part and reverse in part, remanding to the district court to consider several statutory claims it erroneously dismissed.