A hospital system filed a declaratory judgment action in the Davidson County Chancery Court seeking invalidation of two TennCare State Plan Amendments on the basis that they violate Tennessee Code Annotated section 71-5-108. The two State Plan Amendments set forth reimbursement rates for emergency services provided to Tennessee’s Medicaid beneficiaries when the provider of those emergency services does not have a contract with the managed care organizations that insure the beneficiaries. The Davidson County Chancery Court declared that the TennCare State Plan Amendments were invalid and void ab initio. We affirm.

A hospital system that was the aggrieved party in this contested case before The Division of TennCare, Department of Finance and Administration sought judicial review of the agency’s decision upholding the validity of two TennCare rules. The two rules regulate reimbursement rates for emergency services provided to Tennessee’s Medicaid beneficiaries when the provider of those emergency services does not have a contract with the managed care organizations that insure the beneficiaries. The Davidson County Chancery Court reversed the agency’s decision and held that the two rules were invalid and void ab initio. We affirm.

This year’s Bench Bar program “Lawyers Making History” offers a unique opportunity to hear from Tennessee judges, practicing lawyers and those who were there when history was made! The first of three sessions will look at famous Tennessee trials as Chattanooga lawyer Russell Fowler explores landmark cases that shaped our state’s legal landscape. The second session will feature trailblazing women as they reflect on their experiences breaking judicial barriers. Speakers include retired U.S. 6th Circuit Court of Appeals Judge Martha Craig "Cissy" Daughtrey, U.S. District Court Judge Aleta Trauger from the Middle District of Tennessee, and Tennessee Court of Criminal Appeals Judge Camille McMullen. Nashville lawyer Margaret Behm will moderate the discussion. The final session will take a deep dive into one of Tennessee’s most controversial political and legal events: the Blanton pardon scandal. Don’t miss the opportunity to hear from Nashville lawyer Hal Hardin, author and columnist Keel Hunt, and former Tennessee Gov. and U.S. Sen. Lamar Alexander. Make plans to join your colleagues for this program — taking place June 12 from 9-11:45 a.m. CDT at the Franklin Marriott Cool Springs — as well as other educational programs being planned. Still need to register for convention? Get started here.

President Donald Trump on Monday signed the "Take It Down Act," bipartisan legislation that enacts stricter penalties for the distribution of nonconsensual intimate imagery, including deepfakes created by artificial intelligence, according to the Associated Press. The measure, which takes effect immediately, makes it illegal to “knowingly publish” or threaten to publish intimate images without a person’s consent, and requires websites and social media platforms to remove such material within 48 hours of receiving notice from a victim. Free speech advocates and digital rights groups argue the bill is too broad and could result in the censorship of legitimate content, including legal pornography.

Tennessee is scheduled to execute Oscar Franklin Smith tomorrow morning as a lawsuit challenging the state’s new lethal injection protocol moves through the court system. According to WPLN, anti-death penalty advocates and Smith’s attorneys spent weeks asking Gov. Bill Lee to halt executions until the court rules on whether the protocol is constitutional. A decision on that could take until at least 2026 the news outlet reports. Smith’s attorneys announced Tuesday that Lee had denied a request for a reprieve. Smith, who was convicted of murdering his wife Judith Smith and her two sons in 1989, will be the first person in Tennessee to be executed using a single lethal dose of pentobarbital. Attorneys for nine death row inmates are challenging that method in Davidson County Chancery Court.

The Tennessee Supreme Court has rejected the Board of Professional Responsibility’s (BPR) proposed discipline for Shelby County lawyer Sheila L. Robinson-Beasley. The court issued an order on May 15 directing the BPR to reconsider its April 11th order recommending approval of a conditional guilty plea. The court said it had concerns that the proposed punishment of suspension, and particularly the period of active suspension, was too lenient.

Just City will celebrate its 10th anniversary with "Stand Up with Just City," a special fundraising event featuring comedian Roy Wood Jr. on June 8 at the Minglewood Hall in Memphis. Wood, who is the host of CNN’s “Have I Got News For You” and a former correspondent on The Daily Show, will headline the evening, which also will include an appearance by state Rep. Justin J. Pearson, D-Memphis. The event marks a decade of the nonprofit’s work aimed at creating a more just and equitable criminal justice system. For more information on the event and to register, visit the organization's website.

The U.S. Department of Justice (DOJ) is closing its investigation into the Memphis Police Department (MPD), the Commercial Appeal reports. The DOJ opened the probe months after Tyre Nichols was beaten by police and later died. Its investigation found multiple patterns or practices of civil rights violations by the department. The city of Memphis declined to enter a consent decree ahead of the report’s release in December 2024, and no lawsuit was filed to force the issue. Though Memphis never entered into a consent decree, the DOJ said it was “retracting the Biden administration’s findings of constitutional violations.” Following news of the action, Memphis Mayor Paul Young said the DOJ decision will not impact the city's efforts to reform policing. Also according to the paper, the DOJ announced it would seek to dismiss civil rights lawsuits in Kentucky and Minnesota, which had resulted in consent decrees.

A new lawsuit brought on behalf of 13 children alleges that foster kids in Tennessee are being denied basic rights to education, health care and stable homes, and have been kept in unsafe institutions or moved through multiple foster families for years at a time, Tennessee Lookout reports. The lawsuit alleges that the Department of Children’s Services has violated children’s constitutional rights and federal law. Led by a national team of child welfare attorneys, the suit is seeking court approval for class-action status to represent all 9,000 children in the state’s foster care system. Firms involved include Bass, Berry & Sims, A Better Childhood, the Barbara McDowell Social Justice Center, Willkie Farr & Gallagher, and Wang Hecker. This is the second class-action lawsuit filed in the last year alleging mistreatment.

Attorneys looking to stay ahead of evolving trade regulations can attend an upcoming webcast hosted by the TBA’s International Law Section. The virtual event will take place June 19 and will explore shifting U.S. tariff and customs trends, offering practical guidance for ensuring compliance in a changing global trade landscape. Panelists include Terry Olsen, chair of the International Law Section; George Phillips of Phillips Ralston; and Lee Broyles, vice president of international sales at Steam Logistics. More information is available on the TBA website. International Law Section members save on registration. Not a section member? Join here.