The U.S. Supreme Court will hear arguments over Tennessee’s law banning transgender medical care for minors on Dec. 4, SCOTUSblog reports. The Tennessee General Assembly passed the law banning surgeries as well as puberty blockers and hormone therapy for minors in 2023. The ACLU and Lambda Legal sued. While U.S. Circuit Court Judge Eli Richardson initially blocked the ban, his ruling was overturned by the U.S. 6th Circuit Court of Appeals, which allowed the law to go into effect while parties appeal. In briefs to the high court, Tennessee Attorney General Jonathan Skrmetti defended the law while the ACLU argued against it. The American Bar Association also filed an amicus brief opposing the law, and the Biden administration joined as a party opposed to the case. The case is the first of its kind to reach the high court and the ACLU’s Chase Strangio will be the first openly transgender lawyer to argue at the court. Bloomberg Law has more on that development. A decision is expected next summer.

The 2024 Creditors Practice Forum will take place in person in Nashville on Nov. 14 from 10 a.m. to 3:15 p.m. CST. The event will be held at the Tennessee Bankers Association, 211 Athens Way, Nashville 37228. This year’s forum will feature a case law update, a review of the Davidson County Local Rules of Court and more. Three general and one dual CLE credits are available. Creditors Practice Section members enjoy discounted registration and other benefits. Not a section member? Join here.

Question 1: If “[t]he State shall . . . pay the accrued costs in all criminal prosecutions for offenses punishable by death or by confinement in the penitentiary where the accused shall have been convicted by trial or guilty plea,” is the State required to pay costs accrued in the General Sessions Criminal Court pursuant to probable cause preliminary hearings for criminal prosecutions meeting the requirements of Tenn. Code Ann. § 40-25-131(b)?

Opinion 1:For prosecutions meeting the terms of Tenn. Code Ann. § 40-25-131(b) and falling within the class of cases set out in Tenn. Code Ann. § 40-25-129(a)(1)-(3), the State must pay costs accrued for preliminary hearings.

Question 2: If the State is responsible for payment of court-ordered mental-health evaluations and treatment for defendants charged with a felony in accordance with Tenn. Code Ann. § 33-2- 1109(a)(2), is the State required to pay such costs when the mental-health evaluation and treatment is ordered by the General Sessions Criminal Court as well as by the Criminal Court?

Opinion 2: If the Criminal, Circuit, or General Sessions Court orders the mental health evaluation or treatment pursuant to Tenn. Code Ann. § 33-7-301 and the court does not order the defendant to pay the costs of that evaluation or treatment, the State must pay those costs.

Petitioner, Lacy L. Austin, appeals from the Montgomery County Circuit Court’s denial of his petition for post-conviction relief related to his convictions for two counts of possession of twenty-six grams or more of methamphetamine with the intent to sell or deliver within 1,000 feet of a school zone; possession of a firearm during the commission of a dangerous felony; possession of a firearm by a person convicted of a felony drug offense; possession of a firearm by a person convicted of a felony involving the use of force or violence; simple possession of marijuana; and possession of drug paraphernalia. Petitioner argues that the post-conviction court erred in denying relief based upon his claims that he received ineffective assistance of trial and appellate counsel. After a thorough review of the record, we affirm the judgment of the post-conviction court.

This is an appeal of a final divorce decree brought by a husband acting pro se. Because the husband’s brief is deficient, we determine that he has waived consideration of any issues. Accordingly, this appeal is dismissed.

This interlocutory appeal presents an issue of first impression. Following a compensable work accident, the authorized treating physician restricted the employee from engaging in certain activities, including driving. The employer offered a light duty position that it asserted complied with all work-related restrictions. The employee declined to accept the light duty job offer because she was unable to get to and from work due to the no-driving restriction. In response, the employer terminated temporary disability benefits, asserting it had offered the employee a reasonable light duty position that complied with all work- related restrictions, and it had no legal obligation to get the employee to and from work. The trial court disagreed and ordered the employer to reinstate temporary disability benefits as of the date the physician assigned the no-driving restriction, and the employer has appealed. Upon careful consideration of the record and arguments of counsel, we reverse the trial court’s order and remand the case.

October 14, 2024 - October 18, 2024

A three-judge panel heard arguments Friday over Nashville Booting’s request for relief from a Tennessee law that went into effect in July, effectively banning third-party booting companies from operating at private parking lots. According to the Nashville Banner, the company's attorney claims the law has essentially shuttered the business. In court, the company argued that the law violates the contract clause of the U.S. Constitution by nullifying dozens of contracts the company had in place with property owners. Attorneys for the state argued that legislating in the public interest can supersede the contract clause. The judges did not rule on a request for temporary relief. Scroll to the sixth story in the Banner's newsletter for more on the story.

The family of an employee for Impact Plastics who was killed by flooding caused by Hurricane Helene has filed a wrongful death lawsuit against the company, arguing that workers were forced to stay at their posts even when managers knew conditions were becoming dangerous. According to the Associated Press, many of the surviving employees have stated they were not allowed to leave the plant in time to avoid the storm’s impact. The suit argues that Impact Plastics had no required plan to safely evacuate employees even though the plant was located in a flood plain and regularly experienced water creeping into its parking lot. The suit comes after the Tennessee Bureau of Investigation (TBI) announced earlier this month that it was investigating allegations involving Impact Plastics at the direction of the local prosecutor. Impact Plastics has maintained that it monitored weather conditions and that managers dismissed employees “when water began to cover the parking lot and the adjacent service road, and the plant lost power.”

Germantown Municipal Court Judge Rhea Clift has been sworn in after winning the election in August, assuming the seat her father, Ray Clift, held for 40 years. He retired two years ago. The younger Clift worked at the district attorney’s office for nine years and later served as assistant prosecutor in Bartlett. She then became the city's chief prosecutor in 2020. Clift won the election in August capturing 63% of the vote over Justin Gee. During the swearing in ceremony, she said, “Thank you, Mom and Dad. You gave me a great name.” The Daily Memphian has more on the story.