A majority of the Judges of this Court in regular active service has voted for rehearing en banc of this case. Sixth Circuit Rule 35(b) provides as follows:

The effect of the granting of a hearing en banc shall be to vacate the previous opinion and judgment of this court, to stay the mandate and to restore the case on the docket sheet as a pending appeal.

Accordingly, it is ORDERED, that the previous decision and judgment of this court are vacated, the mandate is stayed, and this case is restored to the docket as a pending appeal.

The Clerk will direct the parties to file supplemental briefs and will schedule this case for oral argument as soon as possible.

Gov. Bill Lee today signed the Smart Heart Act, legislation that requires automatic external defibrillators (AED) in schools and establishes response protocols for cardiac-related medical emergencies. The bill received unanimous, bipartisan legislative support. The Smart Heart Act requires each public and nonpublic school serving grades nine through 12 to maintain an AED that is accessible during the school day and during all school athletic activities. Additionally, schools must establish, review and annually practice an emergency action plan for responding to students who sustain cardiac arrests or other life-threatening injuries while participating in athletic activities. The legislation also ensures that appropriate personnel on and off the field, including coaches, are trained in CPR and AEDs. Read more from the governor's office.

On May 17, Gov. Bill Lee, Department of Safety and Homeland Security (DSHS) Commissioner Jeff Long and Tennessee Office of Homeland Security Deputy Commissioner Greg Mays presented badges to 26 new Tennessee Office of Homeland Security special agents in a graduation ceremony at the Tennessee Law Enforcement Training Academy in Nashville. A press release from the department noted that 83 out of 95 counties have a special agent assigned since funding became available on July 1, 2023.

Kingsport attorney Julia C. West died May 16 at age 85. She graduated from East Tennessee State University (ETSU) with a degree in English and master's degree in English Literature. West went on to pursue a law degree from the University of Tennessee College of Law and began practicing law in 1992. Her legal career spanned more than two decades, focusing on government tort liability. She was a member of the Tennessee Bar Association and the Kingsport Bar Association, serving as its president in 2000. Services will be held at 1 p.m. EDT on May 23 at Oak Hill Memorial Park, 800 Truxton Dr., Kingsport 37660. A memorial service will follow at 1:30 p.m. at Hamlett-Dobson Funeral Home, 117 E. Charlemont Ave. The family will receive friends following the service. In lieu of flowers, donations be made to the Julia C. West Foundation, established to continue West's legacy by supporting local education and arts, as well as efforts to support animal welfare. Donations should be addressed to Julia C. West Foundation, 537 E. Center St., Kingsport, TN 37660.

The Tennessee Bar Association’s Disability Law Section will host a Zoom roundtable discussion on Thursday, May 23, at 2:30 p.m. CDT / 3:30 p.m. EDT. This roundtable will be a National Organization of Social Security Claimants' Representatives (NOSSCR) Annual Conference recap, guided by Robyn Ryan.

Join this interactive discussion to share your experiences, listen to other section members and/or ask questions. Please complete the RSVP before 12:30 p.m. CDT / 1:30 p.m. EDT on May 23 to receive the email invitation to join the Zoom meeting.

The Law School Admission Council (LSAC) is developing a new “environmental context” metric pertaining to colleges and universities based on factors such as institutional student spending, graduation rates and the percentage of undergraduates who received federal need-based Pell Grants, Reuters reports. The goal of the new college metric — along with the existing neighborhood and high school ratings — is to help law schools better understand the advantages or barriers their applicants have encountered, and to offer a fuller picture of their potential beyond grades and standardized test scores.

The Trial Court Vacancy Commission met in Columbia to consider five applicants for a circuit court judge vacancy in the 22nd Judicial District, which includes Giles, Lawrence, Maury and Wayne counties. The vacancy will be created by the upcoming retirement of Judge David Allen on Aug. 3. After holding a public hearing and conducting public interviews, the commission selected Jessica H. Parrish, Wesley M. Bryant and Lee E. Brooks to forward to Gov. Bill Lee for his consideration.

A federal judge on Sunday blocked the Biden administration from fully implementing a new rule that would require gun dealers to obtain licenses and conduct background checks when selling firearms at gun shows and online. Amarillo-based Judge Matthew Kacsmaryk temporarily restrained the so-called “gun show loophole” rule from being enforced in Texas or against members of several gun rights groups, Reuters reports. Tennessee Attorney General Jonathan Skrmetti recently joined 21 states in a similar suit opposing the new rule. That action was filed in an Arkansas federal court.

The Tennessee Access to Justice Commission’s Justice Bus traveled to McMinnville earlier this month to provide legal advice to local residents. The bus is designed to be a mobile law office that brings technology to rural and underserved communities. Pro Bono Attorney Coordinator Kyle Stack and Justice Bus Coordinator Alyvia Bush, both with the Administrative Office of the Courts, were on hand to oversee the legal clinic, the Southern Standard reports.

The American Bar Association’s (ABA) Council of the Section of Legal Education adopted a new policy statement that urges states to "create diverse pathways to licensure." That move deviates from more than a century of backing the use of bar exams for lawyer licensing, Reuters reports. The bar exam has come under fire in recent years for creating racial disparities in testing outcomes. The new policy statement also calls on states to create licensing structures that “mitigate the disparate exclusion from the profession of racial and ethnic minorities and individuals of low socioeconomic status.”