A news item in yesterday's issue of TBA Today had the incorrect date for the Sevier County Bar Association's 11th Annual Sevier County Juvenile Seminar. The event will take place on Oct. 14. Register for the program and view the agenda. All proceeds will benefit the Women’s Recovery Home.

BLOOMEKATZ, Circuit Judge. John Schnatter is the founder and former CEO of Papa John’s, a pizza company. He accused his company’s former public-relations firm, Laundry Service, of leaking damaging information about him to the press, and brought this lawsuit, claiming that the alleged leak violated the parties’ nondisclosure agreement. Laundry Service denied the allegation, and the parties spent the next four years litigating the dispute in federal court. Finally, after Laundry Service failed to win on the merits, it moved to compel arbitration under the Federal Arbitration Act (FAA), 9 U.S.C. § 4. The district court denied the motion. It concluded, after a bench trial, that Schnatter and Laundry Service had entered an enforceable nondisclosure agreement containing an arbitration provision that bound both parties. Despite this contract, however, the district court held that Laundry Service had lost its right to arbitrate by litigating extensively in federal court before moving to compel. In this interlocutory appeal, Laundry Service challenges the district court’s rulings on alternative grounds. First, Laundry Service argues that it did not enter a binding nondisclosure agreement with Schnatter. Second, even assuming that it is bound by the nondisclosure agreement, Laundry Service argues that it did not forgo its right to arbitrate under that contract, and that the FAA requires the district court to send the dispute to arbitration. Given the limited scope of our interlocutory review, we lack jurisdiction to review Laundry Service’s first argument that it did not enter a binding contract. We do, however, have jurisdiction to review the district court’s determination that Laundry Service defaulted on its arbitration rights. On that issue, we agree with the district court. Thus, we dismiss Laundry Service’s appeal in part and otherwise affirm the district court’s judgment. Schnatter urges us to go one step further by sanctioning Laundry Service for filing a frivolous appeal. We decline to do so.

KAREN NELSON MOORE, Circuit Judge. For several years, Rockwood Auto Parts, Inc., and Rockwood Towing, Inc., worked closely with the Monroe County Sheriff’s Office and former Sheriff Dale Malone. Rockwood Auto performed regular maintenance on the sheriff’s fleet of patrol cars. And Rockwood Towing held a plum position on the sheriff’s call list when a civilian or a deputy got into a wreck. Then a new sheriff came to town. Shortly after Troy Goodnough became sheriff, Monroe County bid out the fleet-maintenance work and awarded the contract to a different shop. Goodnough also revised the towing list, reducing Rockwood’s share of the county’s tow calls. All of this has been bad for business at Rockwood Auto and Rockwood Towing. So, the companies and their owner, Jacques (“Jack”) Poli, sued Goodnough, Monroe County, and Sergeant Michael Preadmore, alleging violations of their constitutional rights. The district court granted summary judgment to Defendants. For the following reasons, we AFFIRM.

NALBANDIAN, Circuit Judge. Terrell Anthony Hargrove appeals the denial of a writ of habeas corpus. He claims that prison officials unlawfully denied him access to First Step Act time credits. But Hargrove has already been placed on supervised release. And because we hold that First Step Act credits cannot be used to reduce a supervised-release term, we dismiss Hargrove’s appeal as moot.

KAREN NELSON MOORE, Circuit Judge. While working as a Certified Nursing Assistant Technician at Morristown-Hamblen Hospital Association (“MHHA”), Samantha Graf lodged a complaint of sexual harassment with a representative of the hospital’s human-resources department. According to Graf, during a lunch break and on hospital grounds, one of the hospital’s security guards, Thomas Ogle, had raped her. After conducting a limited investigation into the complaint, the HR representative determined that the sexual interaction between Graf and Ogle had been consensual. Shortly thereafter, MHHA terminated Graf on the grounds that she had violated hospital policy by having intercourse while on the clock and in an unauthorized area. Graf filed suit against MHHA alleging violations of Title VII and the Tennessee Human Rights Act (“THRA”) and bringing various state tort claims. Two of those claims—Graf’s retaliation claim and her claim of negligent infliction of emotional distress—survived summary judgment. Prior to trial, MHHA moved for the admission of a variety of evidence of Graf’s sexual history pursuant to Federal Rule of Evidence 412(a), including evidence of Graf’s relationship with Ogle. The district court denied in part and granted in part the motion, allowing MHHA to introduce evidence of Graf’s communications with Ogle prior to and following the alleged rape. The case proceeded to trial, and a jury returned a verdict in favor of MHHA on all counts. On appeal, Graf challenges the judgment against her, arguing that the district court erred as a matter of law in interpreting Title VII to require that she prove that she did not consent to the alleged rape. And she argues that the district court abused its discretion in admitting a variety of evidence of her sexual history and predisposition, in violation of Federal Rule of Evidence 412. But because the district court accurately interpreted the requirements of Graf’s Title VII retaliation claim, and because it did not abuse its discretion in allowing the admission of limited evidence of her sexual history, we AFFIRM.

LARSEN, Circuit Judge. Between 1994 and 2018, Mark Deakins sexually abused three boys. In 2022, he was indicted on five counts relating to that abuse. He was subsequently convicted via bench trial on all charges and sentenced to life plus ten years’ imprisonment. No. 24-5223 United States v. Deakins Page 2 He appeals both the conviction and his sentence, raising a variety of challenges. For the following reasons, we AFFIRM.

A Grundy County jury convicted the defendant, John W. Smith, of one count of first-degree murder, one count of attempted first-degree murder, one count of attempted second-degree murder, one count of aggravated assault, and eight counts of reckless endangerment, for which he received an effective sentence of life imprisonment plus twenty-two years. On appeal, the defendant contends the evidence presented at trial was insufficient to support his convictions. The defendant also argues the trial court erred in admitting the 911 calls, in refusing to admit Jerome Powell’s statement that “she had her gun then,” and in imposing an excessive sentence. Following our review, we affirm the defendant’s convictions. However, we reverse the imposition of consecutive sentences and remand to the trial court for a new sentencing hearing for consideration of the consecutive sentencing factors outlined in State v. Wilkerson, 905 S.W.2d 933 (Tenn. 1995). We also remand for corrected judgment forms in counts five, fourteen, and fifteen.

The Sevier County Bar Association is sponsoring the 11th Annual Sevier County Juvenile Seminar on Oct. 14, with all proceeds benefiting the Women’s Recovery Home. The virtual program will cover juvenile law topics applicable statewide. Register for the program and view the agenda. For those who register, the training will remain available through Nov. 30.

The U.S. Supreme Court will hear a case challenging President Donald Trump’s tariffs policy in November under an accelerated timetable. The tariffs will stay in place in the meantime, the Associated Press reports. The court agreed to take up an appeal from the Trump administration after lower courts found most of his tariffs illegal. Small businesses and states that challenged the tariffs say they have nearly driven their businesses to bankruptcy. “Congress, not the President alone, has the power to impose tariffs,” attorney Jeffrey Schwab with the Liberty Justice Center said. The Trump administration argues the 1977 International Emergency Economic Powers Act grants the president broad authority to regulate imports, warning that striking down the tariffs could harm the economy and weaken U.S. leverage in trade negotiations.

Attorneys for Byron Black, the man executed by the state of Tennessee last month, say an autopsy confirmed that he suffered from pulmonary edema before his death. But they also say other questions about what he experienced during his execution remain unanswered. “The autopsy report itself fails to document the condition of the veins, which leaves unanswered questions. It also fails to document the EKG results. TDOC [Tennessee Department of Corrections] has indicated that it will not even begin to answer our public records request until Dec. 3 ... As we move through discovery in chancery court, we will obtain further information as to what went wrong," Black's lawyers said according to the Nashville Banner newsletter. Media witnesses, including the Banner, reported that Black lifted his head, groaned and said “oh, it’s hurting so bad” during his Aug. 5 lethal injection.