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Posted by: Azya Thornton on Sep 30, 2025

ALICE M. BATCHELDER, Circuit Judge. This is a case about a public-school teacher, Jason Russell, who had good reason to believe that a student, X.M., brought a handgun to school; Russell’s actions to protect against that threat; and the lawsuit by Cheyenne Johnson, X.M.’s mother, against Russell for those actions. In this interlocutory appeal, Russell challenges the district court’s denial of qualified immunity on Johnson’s claims of Fourth Amendment violations. The district court denied Russell’s motion because it decided that certain disputed facts required a determination by a jury, and our dissenting colleague agrees. But the critical fact—and arguably the only material fact—is not in dispute: Russell had good cause to believe that X.M. might have had a gun at school. Because the other facts in dispute are not material to Russell’s qualified immunity defense, and because Russell—as a matter of law—did not violate X.M.’s clearly established constitutional rights, even under X.M.’s version of the facts, we REVERSE.

Posted by: Azya Thornton on Sep 30, 2025

This is a termination of parental rights appeal. The trial court found that two statutory grounds existed to terminate mother’s parental rights to the two minor children: abandonment by failure to visit or support and persistence of conditions. The trial court found that three statutory grounds existed to terminate father’s parental rights to the minor children: abandonment by failure to visit or support, persistence of conditions, and abandonment due to father’s confinement of ten or more years. The trial court then concluded that termination was in the children’s best interests. We reverse the trial court’s findings on the grounds of abandonment by failure to visit or support. We affirm the remainder of the trial court’s judgment.

Posted by: Azya Thornton on Sep 30, 2025

Because the order appealed lacks finality based on the failure to comply with Tennessee Rule of Civil Procedure 58 and no good cause exists to waive the procedural deficiency, this Court lacks subject matter jurisdiction to consider this appeal.

Posted by: Azya Thornton on Sep 30, 2025

The employee reported injuring her left knee while placing bags on a conveyor belt at work. After the employee filed a petition for benefit determination, the parties attempted mediation, which was unsuccessful. Thereafter, the employee’s attorney sought to withdraw from the case, and the trial court granted that motion. The employee then failed to appear for several status hearings, leading to the issuance of a notice for a show cause hearing, which was sent to the employee’s last known email address and physical address. In addition, the employer filed a motion to dismiss the case, to which the employee did not respond. The employee did not appear for the show cause hearing, leading the court to dismiss the employee’s petition with prejudice. The employee has appealed. Having carefully reviewed the record, we affirm the trial court’s order and certify it as final.

Posted by: Julia Wilburn on Sep 30, 2025

The Texas Supreme Court has signaled plans to end the state’s reliance on the American Bar Association (ABA) for law school accreditation and instead take direct authority to decide which schools’ graduates may become licensed lawyers in Texas. Reuters reports that, if adopted, Texas would be the first state to break from the ABA’s oversight, though Florida, Ohio and Tennessee are reviewing similar measures. The court says it wants a streamlined system with neutral criteria, such as bar exam pass rates, while preserving graduates’ ability to practice across state lines. While the ABA and most Texas law deans have raised concerns about costs, uncertainty and lawyer mobility, the court has invited public comment through Dec. 1 before changes take effect in January.

Posted by: Julia Wilburn on Sep 30, 2025

Legal Services Corporation (LSC) recently released its 2024 By the Numbers report which shows that for the fourth consecutive year, housing cases dominated legal aid caseloads, accounting for 288,000 closed cases or 37.2% of all matters handled. The number of clients aged 60 and over reached 171,572 in 2024, with the report highlighting the growing legal need among older Americans, especially older women. Veteran households also saw increased representation, with 34,205 families receiving legal assistance.

Posted by: Julia Wilburn on Sep 30, 2025

Nearly a year after Hurricane Helene devastated Cocke County, Mayor Rob Mathis has helped lead recovery efforts, securing funding for roads, community projects and a balanced budget without raising taxes. But Knox News reports that the county’s biggest unresolved challenge is its flood-damaged jail, which has been closed since last September, forcing taxpayers to spend $2 million annually to house inmates in other counties. FEMA initially indicated the county qualified for a new 216-bed jail but later reduced its support to repairs for the old 88-bed facility, frustrating local leaders. Officials have said they will appeal the decision.

Posted by: Stacey Shrader Joslin on Sep 30, 2025

The TBA Construction Law Section will host the inaugural Joint Georgia/Tennessee Construction Conference Oct. 9-10 in Chattanooga. The two-day event will kick off with a welcome networking reception followed by a day of high quality CLE sessions for both Georgia and Tennessee lawyers. Topics include regional differences in construction law, a view from the bench session featuring judges and arbitrators, insurance 101, AI and ethics, construction defect trends and a case study session. The program will offer 6.75 total CLE hours, including one dual hour. CLE credit will be submitted to both Georgia and Tennessee. Get more information and register.

Posted by: Stacey Shrader Joslin on Sep 30, 2025

You’ve probably used a live chat window on a website; maybe with a business like Amazon, FedEx or an airline. Often times it’s handier than being on hold, even if you like hold music. Add the same capability to your website for client and prospect engagement. This chart compares major live chat vendors. Find this and more in the Opening a Firm section of TBA’s Law Firm in a Box.

Posted by: Azya Thornton on Sep 29, 2025

JOHN K. BUSH, Circuit Judge. Jeffrey and Jessica Bilyeu objected on religious grounds to a coronavirus vaccine mandate imposed by their employer, UT-Battelle, during the pandemic. According to the Bilyeus, when an employee raised a religious objection to COVID vaccination, UT-Battelle required the employee to submit to a lengthy panel interview with UT-Battelle’s leadership regarding the employee’s beliefs. Not only that, according to the Bilyeus, UT-Battelle officials prepared a “fact sheet” that the objecting employee had to read that included the views of various religious leaders in support of taking the vaccine. Only after completing this process could a religious objector forego the vaccine and then, only by being placed on indefinite unpaid leave. This treatment and other conduct by UT-Battelle, the Bilyeus contend, violated Title VII of the Civil Rights Act of 1964 based on disparate treatment, failure to accommodate, and retaliation. The district court granted summary judgment to UT-Battelle. We AFFIRM the grant of summary judgment as to Mrs. Bilyeu because she lacks Article III standing. But we VACATE the grant of summary judgment on Mr. Bilyeu’s disparate treatment and failure-to- accommodate claims and REMAND those claims so the district court may reconsider its decision in light of intervening Supreme Court precedent. Finally, we REVERSE the grant of summary judgment on Mr. Bilyeu’s retaliation claim and REMAND it for further proceedings because Mr. Bilyeu has presented evidence that might persuade a reasonable jury to believe he suffered adverse action for seeking a religious accommodation.


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