Following a federal judge’s ruling yesterday denying the state’s request for a temporary restraining order against NCAA rules regarding name, image and likeness (NIL) benefits for student athletes, Tennessee Attorney General Jonathan Skrmetti released the following statement: “In today’s opinion, a federal judge said Tennessee and Virginia are likely to prevail in their antitrust suit against the NCAA. Although the court declined to issue a temporary restraining order, the judge reasoned the NCAA can be held monetarily liable for any harms, thus negating the need for a TRO.” He continues, “Tennessee remains committed to protecting the rights of our student-athletes. We look forward to litigating this case and enforcing the law.” Tennessee and Virginia filed suit against the NCAA in January alleging the NIL rules violate federal antitrust laws.

Save the date for TBA's 28th Annual Labor & Employment Forum, set for May 3 in Nashville. The annual program brings together professionals, labor and employment attorneys and in-house counsel, and features top labor and employment professionals who will provide practical insight on emerging trends and critical issues. The program will run from 8:30 a.m. to 4:15 p.m. CDT. See the line up of speakers on the course registration page.

Those interested in running for an elected office with the Tennessee Bar Association or as a TBA delegate to the American Bar Association (ABA) House of Delegates have until Feb. 15 to qualify for the 2024 ballot. Positions open this year on the TBA Board of Governors include a new vice president from the state's West Grand Division, four district governors and six grand division governors. For the ABA House of Delegates, four positions are available. To qualify for any of these roles, candidates must file a nominating petition, including the signatures of 25 TBA members in good standing, with the TBA executive director by emailing barED@tnbar.org, or by mail to 3310 West End Ave., Ste. 590, Nashville, TN 37203. The TBA’s website has more information on the election process and the list of available positions.

Judge Jane Branstetter Stranch is planning to step down from active service on the U.S. Sixth Circuit Court of Appeals, according to a report from Reuters. Stranch, appointed by former president Barack Obama, plans to take senior status following confirmation of a successor. Prior to joining the court, Stranch was managing partner of Branstetter Stranch & Jennings in Nashville with a practice focused on labor and employee benefit matters. The move gives President Joe Biden another appointment to the court. The president has not yet nominated a replacement for Judge Julia Smith Gibbons, also from Tennessee, who said in August that she would take senior status once a successor was confirmed. Senior status is a form of semi-retirement for judges over the age of 65 who have completed at least 15 years of service on the federal bench.

On Feb. 1, Gov. Bill Lee nominated Shelby County Circuit Court Judge Mary L. Wagner to fill an upcoming vacancy on the Tennessee Supreme Court, the Administrative Office of the Courts reports. “Mary is a highly qualified judge who will bring significant experience to the Tennessee Supreme Court,” Gov. Lee said in making the announcement. Wagner will fill a vacancy that will occur when Justice Roger A. Page retires on Aug. 31. Wagner, 39, is a TBA member and alumna of the association's Leadership Law Program. She earned her law degree from the University of Memphis Cecil C. Humphreys School of Law and was appointed to the circuit court in 2016 by then-Gov. Bill Haslam. She won reelection in 2018 and 2022. Her nomination now must be approved by the General Assembly. The Tennessean has more on the process.

Tennessee Bar Association members now have access to discounted pet insurance through Spot, “America's Most Loved Pet Insurance.” Receive up to 90% cash back on eligible veterinary bills for accidents, illnesses and more. Preventative care coverage also is available. There are no restrictions on providers so policy holders can visit any vet in the U.S. or Canada. Participants also have access to a 24/7 pet health helpline at no additional cost. Get your quick, easy and free quote today. And be sure to check out all of TBA's insurance programs, including preferred providers for malpractice insurance. Ruby belongs to TBA Human Resources & Administrative Coordinator Tanja Trezise. She is an English Setter who loves to run and chase squirrels, and her favorite food is cheese. Watch for more introductions to staff pets as we roll out this new member benefit!

The American Bar Association’s (ABA) House of Delegates (HOD) approved a new policy that requires law schools to adopt free speech policies in order to maintain their accreditation, reports Reuters. The new policy, approved by a voice vote, requires that law schools develop and publish policies that “encourage and support the free expression of ideas.” The change comes after several high-profile incidents where law students disrupted speakers and amid campus tension over the conflict between Israel and Hamas. The HOD, which is the association’s policymaking body, also approved nearly 30 other new policies, including opposing laws that limit teaching about race or gender; urging governments to follow federal reporting guidelines for deaths in custody; opposing the suspension or removal of elected prosecutors for personal or partisan reasons or without due process; and supporting the Uniform Collaborative Law Rules and Uniform Collaborative Law Act. Read more about the new policies.

The Knoxville Bar Foundation (KBF) is now accepting requests for grant proposals. The deadline is March 8. The KBF’s goal is to facilitate and support projects and programs that seek to improve the administration of justice, enhance the public’s understanding of and confidence in the legal system, support access to the legal system, and serve the legal profession. Since 1997, the KBF has awarded approximately $560,000 in grants for local law-related projects. In 2023, the KBF board approved 12 grant requests totaling $25,000. Awards will be announced in May. Learn more and apply.

A federal judge has denied a requested temporary restraining order, creating a delay for Tennessee and Virginia in their quest to pause NCAA rules regarding name, image and likeness (NIL) benefits for college athletes, reports the Tennessean. The ruling leaves the current NIL rules in place for Wednesday, the start of the Division I football regular signing period, when recruits can sign a letter of intent with a university. The same judge will hear arguments for a lengthier preliminary injunction in a Greeneville courtroom Feb. 13.

CLAY, Circuit Judge. This is an indemnification action between Nissan, a car producer, and Continental, a brake parts supplier, for the amount of a jury award from a products liability case in California. After a car accident involving a Nissan vehicle, several plaintiffs brought an action alleging defects in the vehicle’s braking system against Nissan and Continental. After Continental settled and Nissan proceeded to trial, the jury determined that the design of the vehicle’s braking system caused harm to the plaintiffs. Accordingly, the jury returned a verdict in favor of the plaintiffs, awarding them $24 million in damages. During the litigation, Nissan incurred another $6 million in attorney fees and costs.

Following the California jury’s verdict, Nissan brought this action against Continental, seeking indemnification for the jury award and its attorney fees and costs based on a provision in the contract between the parties. Both Nissan and Continental moved for summary judgment. The district court granted Continental’s motion for summary judgment in full. Nissan appeals that ruling. For the reasons set forth below, we AFFIRM the district court’s order granting summary judgment to Continental.