The U.S. Supreme Court recently heard arguments in a Virginia case that attorneys say could have drastic consequences on the ability to litigate civil rights cases. The case involves a group of indigent Virginia drivers who challenged a state law that automatically suspended their licenses for failure to pay certain court fees. A federal trial court agreed with the plaintiffs and granted a preliminary injunction. Before the case went to trial, the state legislature repealed the law. When the group sought to have attorneys' fees covered, the state argued that the preliminary injunction was not sufficient to qualify them as the “prevailing party” and thus attorneys’ fees were not warranted. Bloomberg Law has more on the case, while the Nashville Banner looks at the impact on civil rights cases. A number of lawyers say that if the court upholds Virginia’s position, civil rights lawyers, who often rely on attorneys' fees, would be disincentivized to take cases knowing that government entities could simply change laws after an injunction to avoid paying.

The Knoxville Bar Association will hold a celebration recognizing attorneys who volunteered with Knoxville’s Pro Bono Debt Relief Clinic in 2023 and 2024 on Oct. 23. The event will take place beginning at 2 p.m. EDT in the Main Assembly Room in the City County Building, 400 West Main St., Knoxville 37902. Volunteers will speak briefly about their experiences at the clinic and share stories of those they had the opportunity to help. A reception will follow. RSVP by Oct. 21.

In this termination of parental rights case, Appellant/Mother appeals the trial court’s termination of her parental rights to the minor children on the grounds of: (1) abandonment by failure to visit and failure to support, Tenn. Code Ann. § 36-1-113(g)(1); (2) persistent conditions, Tenn. Code Ann. § 36-1-113(g)(3); and (3) failure to manifest an ability and willingness to assume custody of the children, Tenn. Code Ann. § 36-1-113(g)(14). Because there is clear and convincing evidence to support the grounds relied on by the trial court and its determination that termination of Appellant’s parental rights is in the children’s best interests, we affirm.

The American Bar Association (ABA) Legal Education Police Practices Consortium, in collaboration with the University of Arizona James E. Rogers College of Law, will host The Law of the Police, a first-of-its-kind free online course for law students, police officers, attorneys and the public. The self-paced, seven-week course, which begins Oct. 16, is designed to help participants understand the laws that police are tasked with upholding, the case law that protects citizens and officers in their interactions and the laws that hold the profession of policing accountable. Each of the seven weeks will be led by a different legal subject matter expert who will examine the evolution and reality of policing as well as inspire learners to be part of an evidence-based approach to understanding safety and security that protects the rights and lives of all people. Get details and register.

The U.S. Department of Justice on Tuesday recommended the break up of Google LLC following a court ruling in August that found the search giant to be an anticompetitive monopoly. Under the proposed framework, the company would divest such divisions as its Chrome internet browser, Google Play store and Android mobile operating system. The department argues that Google's expansion into artificial intelligence without these safeguards will only further expand its monopoly. On Monday, a judge ordered the company to reorganize its mobile app ecosystem and offer Android users access to alternative app vendors beyond the Google Play store. The Associated Press has more on the story.

After a state investigation into “questionable activities” at the Rhea County Sheriff's Department, the Knoxville district attorney has decided not to prosecute, News Channel 9 reports. District Attorney General Charme Allen — who was appointed to the case due to the relationship between the department and the local district attorney — said the decision was impacted by the fact that the statute of limitations had "expired on a number of potential charges." Allegations against the department included improper inmate releases, employees getting paid for time not worked, giving a non-certified animal shelter administrator a weapon, and making questionable expenses for a Christmas toy drive. Read more about the state comptroller's investigation and findings in the Times Free Press.

Gov. Bill Lee has unveiled the Helene Emergency Assistance Loans (HEAL) Program, a $100 million fund to directly serve the health and well-being of Tennesseans in the aftermath of Hurricane Helene. Counties eligible for assistance include Carter, Claiborne, Cocke, Grainger, Greene, Hamblen, Hawkins, Jefferson, Johnson, Sevier, Sullivan, Unicoi and Washington. “Hurricane Helene was an unprecedented disaster for Tennessee, and many local communities don’t have the resources to recover on their own,” Lee said. “Federal dollars will be available later, but these communities need immediate relief. Tennessee’s record of fiscal conservatism has placed us in a strong financial position to make government work for the people and step up to help in this time of need.” Of the total amount, $35 million is available to address water and wastewater system damage, while $65 million is available for dangerous debris removal.

This is an interlocutory appeal from the trial court’s order granting the motions of Defendant, Larry McKay, (“Defendant”) and Shelby County District Attorney General, Steven J. Mulroy, (“DA Mulroy”) to disqualify the Office of Attorney General and Reporter (“Attorney General”) from representing the State during Defendant’s capital error coram nobis proceeding. The trial court concluded that a recently enacted statute, which gave the Attorney General “exclusive control over the [S]tate’s defense of the request for collateral review” in capital cases, see 2023 Tenn. Pub. Acts ch. 182 (“Public Chapter 182”), violated Article VI, § 5 of the Tennessee Constitution. The Attorney General obtained permission from the trial court and this court to file an interlocutory appeal on behalf of the State to address this constitutional issue of first impression. After thoroughly considering the briefs and arguments of the parties and amici curiae, this court concludes that the trial court erred in finding that Public Chapter 182 was unconstitutional. Accordingly, the order of the trial court is reversed, and this case is remanded for further proceedings.

Tennessee Secretary of State Tre Hargett has announced election updates for six counties impacted by Hurricane Helene. In Carter County, two election day polling places have temporarily changed. In Cocke County, the election commission has moved and early voting will take place at a new location. In Greene County, all locations are expected to be open by Election Day but voters are encouraged to monitor road conditions for possible closures. In Johnson County, officials are monitoring one polling place for access issues. In Unicoi County, early and election day voting locations have been updated. In Washington County, election officials are monitoring absentee ballots sent to affected areas. Voters can track their ballot status online or call 877-850-4959.

GRIFFIN, Circuit Judge. Each year, millions of acts of domestic violence, and over 1,500 deaths from domestic violence, occur in this country.1 While the law has long prohibited felons from possessing firearms, many domestic-violence offenders are convicted of mere misdemeanors. So, in 1996, Congress prohibited domestic-violence misdemeanants from possessing firearms in order “to close a dangerous loophole in the gun control laws,” given that “firearms and domestic strife are a potentially deadly combination.” United States v. Castleman, 572 U.S. 157, 159–60 (2014) (internal quotation marks and brackets omitted). In Stimmel v. Sessions, 879 F.3d 198, 201 (6th Cir. 2018), we previously upheld this proscription, 18 U.S.C. § 922(g)(9), as constitutional. But the Supreme Court’s decision in New York State Rifle & Pistol Ass’n v. Bruen, 597 U.S. 1 (2022), requires us to reconsider our precedent. We now hold that, even though Bruen abrogated Stimmel, the result remains the same: 18 U.S.C. § 922(g)(9) is facially constitutional.