Articles

All Content


74,347 Posts found
Previous • Page 641 of 7,435 • Next
Posted by: Azya Thornton on Mar 10, 2025

DAVIS, Circuit Judge. In 2021, the United States Department of Health and Human Services (“HHS”) promulgated a rule requiring Title X grant recipients to provide neutral, nondirective counseling and referrals for abortions to patients who request it. Tennessee, which has been a Title X recipient for over 50 years, recently outlawed most abortions in the state. After doing so, Tennessee would commit only to conducting counseling and referrals for options deemed legal in the state. HHS considered Tennessee’s commitment to be out of compliance with its regulatory requirements. So it opted to discontinue the grant. Tennessee filed suit to challenge HHS’s action and enjoin it from closing the grant. The district court denied Tennessee’s request for preliminary injunction because it held that Tennessee does not have a strong likelihood of succeeding on the merits of its claim and that the balance of the remaining preliminary injunction factors weigh in HHS’s favor. For the reasons set forth below, we affirm.

Posted by: Azya Thornton on Mar 10, 2025

The Defendant, Jasmin Moore, was convicted by a Shelby County Criminal Court jury of first degree felony murder in the perpetration of or attempt to perpetrate a robbery and of especially aggravated robbery, a Class A felony. See T.C.A. §§ 39-13-202(a)(2) (2018) (subsequently amended) (first degree felony murder), 39-13-403 (2018) (especially aggravated robbery). The trial court imposed a life sentence for the first degree murder conviction and a concurrent sentence of sixteen years for the especially aggravated robbery conviction. On appeal, the Defendant contends that: (1) the trial court erred in denying her motion to dismiss based upon an alleged violation of her right to a speedy trial, (2) the court erred in several evidentiary rulings, (3) the court erred in denying her request for a jury instruction regarding unavailable evidence, (4) the court erred in permitting police recruits to attend the trial, and (5) she should receive a new trial due to the cumulative effect of the alleged trial errors. We affirm the judgments of the criminal court.

Posted by: Azya Thornton on Mar 10, 2025

The Defendant, Brandon Lee May, appeals his Knox County Criminal Court convictions of possession of a firearm by a convicted felon, evading arrest, and criminal trespass, for which he received an effective sentence of fifteen years' incarceration. On appeal, the Defendant argues that the evidence adduced at trial was insufficient to sustain his convictions and that his sentence is excessive. Discerning no error, we affirm.

Posted by: Azya Thornton on Mar 10, 2025

A hearing panel of the Board of Professional Responsibility concluded that Daryl A. Gray violated Rules 1.3, 1.4, 1.15(d) and (e), 1.16, 4.1(a), and 8.4(c) of the Tennessee Rules of Professional Conduct and suspended him from the practice of law for six months. The violations stemmed from two separate complaints, both involving Mr. Gray’s representation of plaintiffs in personal injury lawsuits. The trial court affirmed the hearing panel’s decision. After careful consideration, we too affirm.

Posted by: Azya Thornton on Mar 10, 2025

A coalition of 38 state attorneys general and the U.S. Department of Justice (DOJ) on Friday proposed a final package of remedies aimed at ending Google's monopoly over internet search engines. The proposal, which closely follows an initial filing made in November, comes after a decision in which a federal judge ruled Google is a monopolist in online search. Led by Tennessee Attorney General Jonathan Skrmetti and Colorado Attorney General Phil Weiser, the coalition and DOJ say the plan will foster innovation and benefit consumers by dismantling barriers to entry in the market. "We proved Google violated antitrust law in an epic federal trial," Skrmetti said in a press release. "Now it's time to solve the problem." The proposed remedies include banning search-related payments to distribution partners like Apple and Android, requiring Google to divest Chrome and mandating the sharing of certain search, user and ad data with competitors for a limited time. In addition, the plaintiffs would be entitled to a preliminary review of Google's future financial interests in online search and generative AI competitors. A hearing on the proposal is set to begin April 21 and conclude May 9.

Posted by: Stacey Shrader Joslin on Mar 10, 2025

The Tennessee Supreme Court has upheld the suspension of Shelby County lawyer Daryl A. Gray’s law license. Two complaints were filed against Gray. The first alleged that he improperly handled funds after he settled a client’s personal injury lawsuit by refusing to pay a medical provider’s valid lien and falsely asserting that other medical providers had filed claims. The second, stemming from a different personal injury lawsuit, alleged that Gray filed the action against the wrong defendant, never served the amended complaint on the correct defendant, failed to adequately communicate with his client about a motion to dismiss, and failed to timely withdraw from representation. A Board of Professional Responsibility hearing panel determined that Gray violated professional conduct rules and recommended a six-month suspension, with two months to be served on active suspension and the remainder on probation. Gray challenged the recommended discipline, claiming it was unfounded, arbitrary, capricious and excessive. The court rejected his arguments and imposed the suspension. Read the BPR's press release.

Posted by: Azya Thornton on Mar 10, 2025

The TBA will host the next installment of its IP Webcast Series on March 19 from 11 a.m. to noon CDT. The webcast will focus on the impact of artificial intelligence (AI) on prior art and its implications for patent law. The course also will look at the future of AI-generated disclosures. For more information and to register visit the TBA website. Intellectual Property Section members save on registration costs. Not a member? Join now!

Posted by: Stacey Shrader Joslin on Mar 10, 2025

The Tennessee Supreme Court on March 7 issued an order amending Rule 9, sections 26.4 and 33.1. The court had sought comments on the proposed changes in January and noted that the 45-day comment period expired on March 3. In section 26.4, the court changed the rule governing suspension of lawyers for failure to pay the professional privilege tax to clarify that the suspension “be effective immediately” after the court files a suspension order, and that the suspension “shall” remain in effect until the taxes are paid. In section 33.1, the court made four changes to the process for appealing the judgment of a disciplinary hearing panel or a trial court. The amendments took effect immediately upon adoption of the order. Review a redline version of the changes.

Posted by: Azya Thornton on Mar 10, 2025

The American Bar Association (ABA) will host its 2025 Law Day Launch Program tomorrow at 2 p.m. CDT. This year’s theme, “The Constitution's Promise: Out of Many, One,” emphasizes the collective responsibility enshrined in the Constitution and urges Americans to take pride in a document that unites us despite our differences. The event will feature a discussion between ABA President Bill Bay and National Law Day Chair Tommy Preston Jr. as they explore the theme and its significance. Law Day programs across the country also will be highlighted. Law Day is celebrated each year on May 1. The program will be held virtually with free registration. Read more about or register for the event.

Posted by: Liz Slagle Todaro on Mar 10, 2025

It's not too late to register for TBA's Day on the Hill and Big Shrimp Legislative Reception, which will be held in Nashville on March 19. Lawyers will meet with legislators in the afternoon, followed by the annual Big Shrimp Reception that night. The events give Tennessee lawyers an opportunity to meet with legislators and talk to them about issues important to the profession, including funding for indigent representation. RSVP here! Those who register to attend will be invited to join a preview call this Wednesday at 4:30 p.m. CDT. Those who register after Wednesday will have access to a recording of the call so they can make the most of the legislative visits. Learn more about the need for increased indigent representation funding or read about how the system works in Tennessee in posts from the TBA's recent Indigent Representation Primer.


Previous • Page 641 of 7,435 • Next