The U.S. House of Representatives voted today to hold Attorney General Merrick Garland in contempt for refusing to turn over audio recordings of a special counsel interview with Democratic President Joe Biden. The measure passed 216-207 on a party-line vote with one Republican joining Democrats in voting no. Garland is the third attorney general to be held in contempt: both Eric Holder (under President Barack Obama) and Bill Barr (under President Donald Trump) were held in contempt, but the Justice Department did not pursue charges in either case. Reuters has the story.

In a letter to Tennessee’s attorney general, state Sen. Brent Taylor, R-Memphis, is questioning the legality of an agreement between the U.S. Department of Justice (DOJ) and the Shelby County District Attorney’s office to stop prosecuting aggravated prostitution. Action News 5 reports that Taylor claims the agreement is an attempt to “attack a state law that they know they can’t win in trial.” He also is calling for the state to appoint a special prosecutor to investigate the agreement, WREG reports. District Attorney Steve Mulroy said the DOJ has spent a year investigating the office and concluded that it has been violating federal anti-discrimination laws in the prosecution of prostitution cases. According to Mulroy, the office will continue to address the problem of prostitution using different laws.

Circuit Court Judge Michael Dumitru on Tuesday ruled that Demetrus Coonrod, a Chattanooga City Council member representing District 9, lives within her district and can continue to represent it. Chattanoogan.com reports that a residency challenge was made after Coonrod purchased a house in Harrison, but she testified that she lives primarily in District 9. The judge directed the city to reimburse Coonrod's legal bills.

Nashville Chancellor I'Ashea Myles has ordered a conservative media organization to appear in court on June 17 over its publishing of information taken from allegedly leaked documents related to the 2023 shooting at The Covenant School. The outlet, Star News Digital Media — which also is suing for the records to be released to the public — is being asked to explain why its recent reporting does not violate court orders placing certain documents and information under seal. The Tennessee Star, a Star News publication, recently published information about the case, but said it did not violate any order as it did not publish any of the actual leaked images or documents, only some of the information contained within them. Tennessee Ledger has the story.

The chair of the Tennessee Registry of Election Finance, Hank Fincher, told the Tennessee Journal in a text message that the registry's referral of a collusion complaint to the state attorney general is "very serious." The complaint states the treasurer of the East Tennessee Conservatives PAC, which has published ads attacking incumbent Sen. Jon Lundberg, R-Bristol, is also the treasurer for U.S. Rep. Diane Harshbarger, a Kingsport Republican. The chief of staff for U.S. Rep. Diana Harshbarger said such referrals "happen all the time," but Fincher maintained that referrals reflect "probable cause" that violations occurred.

Shelby County Chancellor Jim Kyle has temporarily stepped away from the bench due to an illness, the Daily Memphian reports. Kyle has been diagnosed with chronic inflammatory demyelinating polyneuropathy (CIDP), a nonfatal autoimmune disorder that involves nerve swelling and irritation that can lead to a loss of strength or sensation. Kyle said he’s managing the disorder and trying to continue doing things that he enjoys, according to the paper.

This appeal involves the right to a nonsuit pursuant to Tennessee Rule of Civil Procedure 41.01. Two plaintiffs (an individual and a limited liability company) filed this lawsuit against several defendants, asserting eight causes of action arising out of a construction contract. The defendants filed a motion to dismiss. At a hearing, the trial judge orally ruled that the motion to dismiss was denied as to all claims, with one exception. The trial judge took under advisement whether Count 2, asserting a violation of the Tennessee Consumer Protection Act, was barred by the statute of limitations. Four days after the hearing, the plaintiffs filed a notice of voluntary dismissal without prejudice along with a proposed order to that effect. In response, the defendants filed a “motion in opposition” to the proposed order of voluntary dismissal, asking the trial court to delay entry of the order of voluntary dismissal until the trial court entered an order addressing the TCPA claim. The trial court ultimately ruled that the defendants had a “vested right” that prevented the plaintiffs from voluntarily dismissing the TCPA claim from the moment the trial court took the matter under advisement. The trial court then proceeded to analyze the TCPA claim. Although the issue taken under advisement related to the statute of limitations, the trial court sua sponte dismissed the TCPA claim asserted by the individual plaintiff because the court found that he did not meet the definition of a “consumer” pursuant to the TCPA. The trial court then considered the statute of limitations issue as it related to the TCPA claim asserted by the remaining plaintiff. The trial court found that the TCPA claim was not barred by the statute of limitations and denied the motion to dismiss on that basis. Having resolved the motion to dismiss as to the TCPA claim, the trial court ruled that the nonsuit then became “effective,” as of the date of the trial court’s order, resulting in voluntary dismissal of all claims except the individual plaintiff’s TCPA claim, which the trial court sua sponte dismissed with prejudice. The individual plaintiff appealed, asserting, among other things, that the trial court erred by concluding that the defendants had obtained a vested right and by delaying entry of the order of nonsuit so that the trial court could rule on the motion to dismiss. For the following reasons, we reverse the decision of the trial court to the extent it dismissed the individual’s TCPA claim with prejudice and remand for entry of an order under Rule 41.01 dismissing all claims without prejudice.

The 2024 TBA Annual Convention kicked off today in Memphis at the Peabody Hotel with meetings of the TBA House of Delegates and incoming section chairs, and a welcome reception for all attendees. If you have already registered for the event, you may pick your badge in Grand Ballroom Salon C on the Mezzanine level. Walk-up registrations are welcome. See the full schedule of convention events and CLE programming. See pictures from the Welcome Reception.

Working away from the office doesn’t mean clients have to reach you at a different phone number. Voice over IP (VoIP) services use the internet to carry phone calls. Be anywhere and look like you’re calling from the office. You don’t even have to change phone numbers. This chart lists core features by vendor. Find this and more in the Opening a Firm section of TBA’s Law Firm in a Box.

SILER, Circuit Judge. A jury convicted Defendant, Dr. Peter Bolos, of mail fraud, conspiracy to commit healthcare fraud, and felony misbranding as part of a complex scheme. That scheme saw him and his co-conspirators accumulate millions of dollars from pharmacy benefit managers (“PBMs”). On appeal, he makes the bold claim that nothing he did was unlawful and that he is being unfairly held criminally culpable for contractual violations and others’ misconduct. We disagree and affirm.