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Posted by: Julia Wilburn on May 13, 2025

Tennessee Attorney General (AG) Jonathan Skrmetti on Monday released a statement warning Knoxville-area residents to guard against scammers exploiting the May 10 earthquake that impacted the region. “Unscrupulous scammers find every opportunity to target vulnerable citizens, particularly the elderly,” Skrmetti said. "Always be sure to thoroughly research contractors who offer to work on your home, get multiple quotes and only hire reputable professionals." For guidance on avoiding scams, visit the AG's Consumer Protection website.

Posted by: Julia Wilburn on May 13, 2025

Tennessee death row inmates are urging a Davidson County court to compel the state Department of Correction to disclose the sources of its lethal injection drugs, according to News Channel 5. The group argues the drugs pose serious safety risks, stating, "Every manufacturer of pentobarbital has put in place strict distribution controls to prevent its drugs from being sold to departments of correction for use in executions." Oscar Franklin Smith is scheduled for execution on May 22. The inmates also are seeking a halt to executions until a March 2026 trial on the constitutionality of the state's protocol is held.

Posted by: Julia Wilburn on May 13, 2025

A federal judge in Pennsylvania has ruled that President Donald Trump can invoke the Alien Enemies Act to deport members of Tren de Aragua, a group he labeled a foreign terrorist organization, but must provide proper notice before doing so. The Hill reports that the decision from Judge Stephanie Haines diverges from other rulings — including from a Texas-based federal judge — that have found the law may be used only during formal invasions or wartime. The ACLU is urging the Supreme Court to intervene and resolve the conflict. Haines lifted a previous block on deportations in Western Pennsylvania, allowing the administration to proceed with a 21-day notice in both English and Spanish.

Posted by: Julia Wilburn on May 13, 2025

Criminal charges against four Youth Villages staffers in the 2023 death of 17-year-old Alegend Jones have been dropped following an agreement between the facility and Jones’ family. The staffers had been indicted for facilitation of aggravated child abuse and reckless homicide, but the indictments were rescinded after prosecutors decided not to pursue the case. An autopsy suggested Jones died from complications of a physical restraint, but due to unclear video footage and inconclusive findings, the manner of death was ruled “undetermined.” The Daily Memphian reports that as part of the resolution, Youth Villages will undergo a review by independent experts to assess and improve safety protocols.

Posted by: Julia Wilburn on May 13, 2025

The American Bar Association (ABA) has extended its suspension of a rule requiring law schools to promote diversity, equity and inclusion (DEI) through efforts like targeted recruitment of underrepresented groups. The suspension, now lasting until August 2026, comes amid legal challenges, executive orders from the Trump administration and communications from the U.S. Department of Justice. The council overseeing law school accreditation cited “extraordinary circumstances” and potential hardship for schools caught between ABA rules and federal law prohibiting race- and gender-based policies in supporting the extension. The council first voted to suspend enforcement of the rule in February. Bloomberg News has more on the story.

Posted by: Julia Wilburn on May 13, 2025

Save the date for the annual Federal Practice Forum, which will take place virtually on July 15 from 9 a.m. to 12:30 p.m. CDT. Speakers and topics will be announced soon. Stay tuned here for more information.

Posted by: Azya Thornton on May 12, 2025

KETHLEDGE, Circuit Judge. Michael Poffenbarger, a First Lieutenant in the Air Force Reserve, brought this suit alleging that the Air Force’s COVID-19 mandate, as applied to him, violated the Religious Freedom Restoration Act (RFRA) and the First Amendment. The Air Force later rescinded that mandate, and the district court dismissed the case as moot. We affirm the dismissal, though on different grounds.

Posted by: Azya Thornton on May 12, 2025

KETHLEDGE, Circuit Judge. Some 27 years ago, in a suit that Georgia-Pacific itself brought, the district court declared Georgia-Pacific liable for cleanup costs at a site on the Kalamazoo River in southwest Michigan. As a result of that declaration—under our precedents and a decision of the Supreme Court—Georgia-Pacific could, from that point forward, seek to recover those costs only by means of a contribution action under § 113(f) of the statute known as CERCLA (42 U.S.C. § 9613(f)). In Georgia-Pacific’s last appeal in this case, we held that its claims under § 113(f) were time-barred. Georgia-Pacific Consumer Prods. LP v. NCR Corp., 32 F.4th 534 (6th Cir. 2022). Yet on remand, for reasons that admittedly made good practical sense, the district court re-entered a declaratory judgment that it had awarded to Georgia-Pacific under a different provision of CERCLA, namely § 107. International Paper Company and Weyerhaeuser Company now argue that the court’s re-entry of its declaratory judgment was contrary to law. We agree and vacate the court’s judgment to that extent.

Posted by: Azya Thornton on May 12, 2025

THAPAR, Circuit Judge. The district court below issued a preliminary injunction barring certain Tennessee officials from enforcing any of the state’s sex-offender statutes. After an intervening Sixth Circuit decision called that relief into question, the Tennessee officials asked the district court to dissolve or modify the preliminary injunction. But the district court refused. Instead, it ordered the case administratively closed and dismissed the officials’ motion without prejudice. Because that’s an appealable order, and because the district court abused its discretion in refusing to dissolve or modify the preliminary injunction, we reverse.

Posted by: Azya Thornton on May 12, 2025

RITZ, Circuit Judge. Donald Freed, Gratiot County, and the state of Michigan appeal the district court’s order awarding Freed attorneys’ fees. We affirm the court’s determination that Gratiot County and Michigan are liable for attorneys’ fees. But for the following reasons, we vacate the court’s fee calculation and remand for further proceedings.


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