U.S. District Judge Sheryl Lipman has reset the trial date for a lawsuit stemming from the death of Tyré Nichols. The trial now will begin on Nov. 9, 2026, according to the Daily Memphian. It previously was set to begin on July 13, 2026. Monday’s hearing also marked the first time the attorneys in the lawsuit appeared before Lipman, who assumed control of the case after U.S. District Judge Mark Norris recused himself. Attorneys representing Nichols’ family and estate asked for the delay citing a large amount of evidence provided by the city of Memphis that requires a considerable amount of work to organize.

The TBA Creditors Practice Section will hold its annual forum on Oct. 1 in Nashville. The event will kick off with registration at 9 a.m. followed by programming from 10 a.m. to 3:15 p.m. and a networking reception from 3:15 to 5 p.m. CDT. Topics to be covered include a case law update, administrative action update, e-filing, AI and the sovereign citizen movement. The program will offer three general and one dual CLE credits. Make plans now to join colleagues in person at the Tennessee Bankers Association’s Bradley L. Barrett Training Center, 211 Athens Way, Nashville, TN 37228! Creditors Practice Section members receive discounted registration. Not a section member yet? Join here.

President Donald Trump recently signed an executive order that will allow alternative assets in 401(k) plans. The order instructs the Department of Labor to issue guidance for employers and administrators on incorporating real estate, cryptocurrencies, private market investments and other resources into these retirement plans. While the order does not change policy, it is a bellwether on the administration's priorities, and aligns with a letter in Trump’s first term telling plan fiduciaries that private equity may be part of a “prudent investment mix” in managed asset allocations, according to CNBC. Defined-contribution workplace plans held $12.2 trillion as of the end of the first quarter of 2025, with around $8.7 trillion held in 401(k)s.

The TBA would like to thank the Elder Law Section Executive Council for another great forum.

Elder Law Section Executive Council

Section Chair: Amy Bryant, Office of Conservatorship Mgmt., Middle Tenn.
Chair Elect: Glen Kyle, Franklin & Kyle Elder Law, East Tenn.
Immediate Past Chair: Drew Clements, Clements & Eubanks, East Tenn.

Delegates:
April Jackson, Graceful Aging Legal Services, Middle Tenn.
Barbara McGinnis, Johnson McGinnis Elder Care Law, Middle Tenn.
Barbara Moss, Elder Law of Nashville, Middle Tenn.
Bryson Eubanks, Clements & Eubanks, East Tenn.
Breanna Pendilton, Division of TennCare, Middle Tenn.
John Toy, Parker Toy & Associates, Middle Tenn.
Karl Warden, Attorney at Law, Middle Tenn.
King Self, Elderlaw Memphis, West Tenn.
Pam Wright, The Wright Law Firm, West Tenn.

The recent TBA Elder Law Forum was a hit, with more than 75 in-person attendees. This seminar remains the premier event for Tennessee eldercare professionals and lawyers in related practice areas. The success is a testament to the topnotch programming, presenters and hard work of the TBA Elder Law Section leadership. If you missed the forum, individual sessions will be available soon on the TBA CLE website. Thanks to Belmont College of Law for hosting the event, and to forum sponsors Krause Financial, Vista Points Special Needs Trust, McKinney-Green Insurance, Southeastern Trust Company and Cumberland Trust. Photos from the event can be found here.

The U.S. 6th Circuit Court of Appeals has affirmed sentences in two gun possessions arising from cases in Memphis. In the first ruling, the court upheld a 108-month federal sentence for a Memphis man convicted of possessing a machine gun. In 2024, Senior U.S. District Judge John T. Fowlkes sentenced Jaquan Bridges to 108 months in federal prison, followed by three years of supervised release. Bridges appealed the judgment, arguing that the prosecution violated his Second Amendment right to bear arms. The appeals court upheld the sentence and the constitutionality of the federal statute regulating the possession of machine guns. In the second case, the appeals court upheld a 50-year federal prison sentence handed down to Louis Holloway, who was convicted in 2022 for the attempted robbery and death of University of Memphis student John Stambaugh. Holloway originally was sentenced to life in prison but due to changes in the law, that sentence was vacated. At a resentencing hearing, U.S. District Judge Samuel H. Mays sentenced Holloway to 50 years in federal prison, the statutory maximum, followed by three years of supervised release. The appeals court affirmed that sentence, holding it was reasonable considering the horrific nature of the offense and Holloway’s serious criminal history. Read more about these cases from the U.S. Attorney’s Office for the Western District of Tennessee.

THAPAR, Circuit Judge. St. Paul Croatian Federal Credit Union collapsed in 2010. After taking control of the failed credit union, the National Credit Union Administration Board sued Tina Zai and her husband, seeking to recover tens of millions of dollars they owed to St. Paul. Zai ultimately settled that lawsuit. Now, over a decade later, Zai has filed a new case against the Board. She alleges that the Board breached the settlement agreement that resolved the first lawsuit. But the merits of her case aren’t before us. Instead, this case turns on a jurisdictional question: does Zai’s lawsuit belong in federal court? Because it does, we vacate the district court’s judgment dismissing the case.

MATHIS, Circuit Judge. Michael and Susan Mockeridge claim that three local government officials violated their Fourth Amendment rights by searching the area surrounding mini-cabins they own, which are located on a clearing of their secluded 40-acre retreat in the Michigan woodlands. The district court rejected the three officials’ qualified-immunity defense, and the officials appealed. We affirm.

The Defendant, Desmond Johnson, pled guilty in the Shelby County Criminal Court to aggravated assault, a Class C felony, in exchange for an agreed sentence of four years as a Range I offender, with the manner of service to be determined by the trial court. At the conclusion of the sentencing hearing, the trial court sentenced the Defendant to supervised probation. On appeal, the Defendant contends that the trial court erred by denying his request for judicial diversion. Because the Defendant failed to file a Tennessee Bureau of Investigation (“TBI”) certificate of eligibility for judicial diversion with the trial court, we conclude that the trial court was precluded from considering the Defendant’s request for judicial diversion. Accordingly, we affirm the judgment of the trial court.

A Knox County jury convicted the Defendant, Robert Joseph Atkins, of delivery of a Schedule I controlled substance (acetylfentanyl) within 1,000 feet of a drug-free zone and delivery of a Schedule II controlled substance (fentanyl) within 1,000 feet of a drug-free zone. On appeal, the Defendant argues: (1) the trial court erred by admitting his statements to law enforcement because new testimony at trial corroborated his claim that his statements were involuntary; (2) the trial court failed to properly instruct the jury on the inference of casual exchange and the order of consideration; and (3) the evidence is insufficient to sustain his convictions. Upon review, we affirm.