Metro Nashville Public Schools (MNPS) and the Ross Early Learning Center have agreed to settle allegations that they violated the Americans with Disabilities Act (ADA) by refusing to allow certain communications related to continuous glucose monitoring on behalf of a three-year-old student with Type 1 Diabetes. The agreement was announced by Robert E. McGuire, acting U.S. attorney for the Middle District of Tennessee. According to the complaint, the child was prescribed a continuous glucose monitor, which would transmit an alarm if blood sugar dropped or spiked. The parents asked the learning center to monitor the device, which it agreed to do only until the school nurse left the property each afternoon. It also said it could not communicate with the parents about the device except by phone or email. Under the agreement, MNPS will modify its policies to provide monitoring devices, dedicated mobile devices to interface with the monitors and training to help staff manage alerts. It also will pay the family $1,000. Read more in a release from the U.S. attorney’s office.

The court received a petition for rehearing en banc. The original panel has reviewed the petition for rehearing and concludes that the issues raised in the petition were fully considered upon the original submission and decision. The petition was then circulated to the full court.* Less than a majority of the judges voted in favor of rehearing en banc. Therefore, the petition is denied.

The Tennessee Supreme Court recently declined to hear the final appeal of an anti-transit referendum group, nine months after Nashville voters approved a sweeping transit proposal. The Committee to Stop an Unfair Tax and former council member Emily Evans pursued litigation after losing their bid to defeat the ballot initiative. While an appellate panel ruled in April that the transit tax could not be used to buy land for transit-adjacent housing and parks, it largely left the measure untouched, echoing an earlier opinion by the chancery court. The Nashville Banner highlights the court’s action in its daily newsletter.

CLAY, Circuit Judge. Plaintiffs, a group of auctioneering professionals in the state of Tennessee, appeal the district court’s dismissal of their First Amendment claim against the Tennessee Auctioneer Commission and its members under Rule 12(b)(6) of the Federal Rules of Civil Procedure. For the reasons set forth below, we AFFIRM.

The court received a petition for rehearing en banc. The original panel has reviewed the petition for rehearing and concludes that the issues raised in the petition were fully considered upon the original submission and decision. The petition was then circulated to the full court.* No judge has requested a vote on the suggestion for rehearing en banc. Therefore, the petition is denied.

Kentrel Moragne, Defendant, appeals from his conviction for unlawful exposure for which he received a sentence of eleven months and twenty-nine days. The trial court ordered Defendant to serve fourteen days in incarceration and the remainder of the sentence on probation. Defendant challenges the sufficiency of the evidence in this timely appeal. Because the statute is not ambiguous and the evidence was sufficient to support the conviction, we affirm the judgment of the trial court.

The Petitioner, Christopher O. Curry, Jr., pleaded guilty to possession of a weapon by a convicted felon, and the trial court sentenced him to twelve years in the Tennessee Department of Correction. More than a year after his judgment became final, the Petitioner filed a pro se post-conviction petition, alleging he had received the ineffective assistance of counsel. After a hearing, the post-conviction court dismissed the petition as untimely. On appeal, the Petitioner asserts that due process requires tolling of the statute of limitations. After review, we affirm the post-conviction court’s dismissal of the petition.

A statue of U.S. Supreme Court Justice Thurgood Marshall will be unveiled on Oct. 3 at 5 p.m. CDT in downtown Columbia. News Channel 5 reports that the statue will mark the role Marshall played representing 25 Black men charged in what is now called the Columbia Race Riot of 1946. The incident stemmed from an argument between a white shop worker and a Black man, James Stephenson, who had brought in a radio to be repaired. The confrontation turned violent. After Stephenson was charged with attempted murder, a mob sought Stephenson for what the Black community believed to be a lynching. The Black residents resisted the mob but then were criminally charged. Marshall — who later would become the U.S. Supreme Court's first Black justice — was the lead attorney defending Stephenson and the others. They were acquitted. The bronze statue will stand at the center of a new roundabout in downtown Columbia.

The employee challenges the trial court’s determination that she did not give the employer timely notice of her alleged work-related mental injury. The employee alleged she suffered a mental injury due to a series of incidents that occurred in the course and scope of her work as an emergency medical clinical pharmacist. Although the employer acknowledged it was aware that the security incidents she reported had occurred, it denied that it had received written notice of a work injury or had actual knowledge that the employee was alleging a mental injury as a result of those incidents. After an expedited hearing, the trial court determined the employee had not provided proper notice and was thus unlikely to prevail at trial in establishing an entitlement to disability or medical benefits, and the employee appealed. Having carefully reviewed the record, we affirm the decision of the trial court and remand the case.

Franklin lawyer Mary Catherine Ross Kelly died Aug. 9 after an extended illness. She was 83. Originally from West Carroll Parish, Louisiana, Kelly relocated to Texas, where she worked as a high school teacher, coach and athletic director. She earned her law degree from Texas A&M in 1994, relocated to Tennessee and opened a solo practice in Franklin. She focused her practice on alternative dispute resolution, family law, elder law, estate planning, trusts, wills and probate. According to her obituary, she also was the first certified Rule 31 Mediator in Willamson County. She received the Williamson County Bar Association’s 2014-2015 Professional Award. Kelly retired from the practice of law in 2016. Graveside services will be held at 10 a.m. CDT on Friday at New Forest Lawn Cemetery, 2493 Highway 134, Oak Grove, LA 71263. Memorial donations may be made to the charity of the donor’s choice.