JULIA SMITH GIBBONS, Circuit Judge. Tanika Parker and Andrew Farrier, employees of subsidiaries of Tenneco Inc., each participated in 401(k) plans covered by the Employee Retirement Income Security Act (ERISA). Both plans (together, the “Plans”) had been amended to include mandatory individual arbitration provisions. These provisions required plan participants to bring suit in arbitration only in an individual capacity, not in a representative, class, or collective capacity, and to seek remedies only for losses to the participant’s individual plan account, not for monetary benefits that would accrue to any other participant’s account. These provisions explicitly applied to actions under ERISA § 502(a)(2) for relief under ERISA § 409(a). Parker and Farrier alleged that the fiduciaries of their Plans (the “Fiduciaries”) breached their fiduciary duties and sued under § 502(a)(2) on behalf of their Plans for all losses accruing to the Plans, disgorgement of all profits, and other injunctive remedies under § 409(a). The Fiduciaries moved to compel arbitration, arguing that the individual arbitration provisions blocked such a representative suit for plan-wide monetary remedies. The question for this court is whether the individual arbitration provisions are invalid as a prospective waiver of statutorily guaranteed rights and remedies. We hold that they are and affirm the judgment of the district court.

NALBANDIAN, Circuit Judge. After pleading guilty to defrauding his own mother, John O’Hara was ordered to pay over $300,000 in restitution to his mother’s estate. One problem—O’Hara’s mother had passed away by the time of sentencing, leaving O’Hara the sole beneficiary of her estate. Four years later, the district court amended the judgment and directed O’Hara to pay the federal Crime Victims Fund instead of the estate. O’Hara appealed, claiming the district court had no authority to modify the judgment. We agree, so we REVERSE and REMAND.

McKEAGUE, Circuit Judge. Before an employer can take any adverse action against a prospective employee based on a negative consumer report, the Fair Credit Reporting Act requires that the employer provide him with a copy of the report. When Thomas Merck applied to work at Walmart, he forgot to disclose an old misdemeanor conviction. The conviction came up on a consumer report. Walmart—through a third-party vendor—gave Merck an incomplete version of the report that listed his misdemeanor and indicated he was “not competitive” for a job at Walmart, even though it had already given him a conditional job offer. Then Walmart revoked the offer. We AFFIRM the district court’s grant of summary judgment in Walmart’s favor.

JULIA SMITH GIBBONS, Circuit Judge. In 1984, a Butler County, Ohio court tried and convicted Von Clark Davis of aggravated murder with a capital specification for a prior conviction of purposeful killing of another. Forty years later, Davis is before us on habeas review of the third death sentence for this conviction. Today, we accord the Ohio courts the deference owed their adjudication of Davis’s various claims and deny his petition for habeas relief. I therefore respectfully dissent.

This appeal arises out of a contract for the sale of a hotel property near the Nashville airport. After numerous amendments to the purchase and sale agreement, the seller declared the prospective buyer to be in default, sold the property to a different buyer, and retained over 18 million dollars in earnest money. The prospective buyer filed suit against the seller for a declaratory judgment that the liquidated damages provision in the contract was unenforceable and for conversion. The trial court dismissed the conversion claim and ruled in favor of the seller on summary judgment. We have concluded that the trial court erred in its disposition of both causes of action.

This is a dispute over homeowner’s insurance coverage. The trial court granted summary judgment to the insuror, finding that the insureds made a misrepresentation on their application for insurance which voided the policy pursuant to Tennessee Code Annotated section 56-7-103. Because whether the insureds made a misrepresentation is a question of fact for the jury in this case, we reverse.

This appeal arises from an order establishing the amount of retroactive child support owed by the father for the care of two of his children. The father challenges the trial court’s decision to impute income to him for the purposes of instituting that order. Finding no error, we affirm.

State Reps. Gloria Johnson, Justin Jones and Justin Pearson are scheduled to speak on the main stage at the Democratic National Convention on Thursday, shortly before scheduled remarks from Vice President Kamala Harris, reports the Tennessean. Christened the "Tennessee Three" after state lawmakers expelled Jones and Pearson from the chamber during a gun control debate, the group will speak on gun violence in America. "Last year we were expelled for fighting for common sense gun laws, and the next day Vice President Kamala Harris came to Tennessee, sat in solidarity with us in our fight for democracy, in our fight to protect kids, not guns. That's why I'm here," Jones said.

The Memphis Bar Association’s (MBA) Access to Justice Committee is partnering with the MBA Young Lawyers Division, Councilwoman Jana Swearengen-Washington, Shelby County Circuit Court Clerk Jamita Swearengen and the Sigma Rho Lambda Chapter of Alpha Phi Alpha Fraternity Inc. to host a restoration of rights clinic on Sept. 7. The event will take place from 8:30 a.m. to 12:30 p.m. CDT. Location to be determined. Sign up to help here.

A report compiled by the Major Cities Chiefs Association, a group for police leaders in America's most populous cities to discuss policing challenges, found that violent crime in Memphis is down compared to last year, as it is in many major cities around the country. The findings line up with the Memphis Police Department's own reporting of declining crime trends. The report includes preliminary data from 69 different U.S. cities compiled from the FBI's National Incident-Based Reporting System, which shows major violent crime in those cities had dropped just over 6%. The data tracks the first six months of the year, from Jan. 1 through June 30, and compares it to that same time frame in 2023. The Commercial Appeal has the story.