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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.

Posted by: Azya Thornton on Mar 10, 2025

Less than a month after the Foundation for Individual Rights and Expression (FIRE) filed a First Amendment lawsuit against Germantown, the city has voluntarily dismissed charges against resident Alexis Luttrell for keeping skeletons in her yard beyond the 30-day limit set by Germantown's property maintenance code. Luttrell cited her First Amendment rights to challenge the citation, and FIRE filed a federal lawsuit seeking to overturn the ordinance while representing Luttrell in municipal court. "Holidays come and go, but the First Amendment is here year-round," said FIRE attorney Colin McDonell in a press release. Additionally, the Germantown Board of Mayor and Aldermen will consider repealing the city's holiday decorations ordinance. Following a comprehensive review with the administration and city attorneys, it was recommended that the ordinance be eliminated, according to the Commercial Appeal. A first reading on repealing the ordinance was on the agenda for today’s board meeting.

Posted by: Azya Thornton on Mar 10, 2025

A new legal settlement will ensure that all deaf incarcerated individuals in Tennessee Department of Correction (TDOC) custody have access to videophones, sign language interpreters and other accommodations that allow them to participate in programming and services behind bars, WPLN News reports. The settlement marks the conclusion of a lawsuit filed in 2020 by Disability Rights Tennessee and three deaf incarcerated men, who alleged TDOC was violating the Americans with Disabilities Act and the Rehabilitation Act by failing to provide communication access for deaf inmates. Under the terms of the settlement, TDOC said it would provide interpreters for interactions such as intake and orientation, medical appointments, educational programming and disciplinary proceedings. The department also will provide videophones at every facility housing deaf prisoners, as well as at intake facilities, to allow those individuals to communicate via sign language.

Posted by: Stacey Shrader Joslin on Mar 10, 2025
March 3, 2025 - March 7, 2025
Posted by: Azya Thornton on Mar 10, 2025

Tennessee schools could be allowed to deny enrollment or charge tuition based on citizenship status under a bill advancing in the statehouse. SB836 passed the Senate Education Committee 5-4 last week, setting up a challenge to a 1982 U.S. Supreme Court decision that established the right to education for students regardless of immigration status. The House bill, HB793, sponsored by Rep. William Lamberth, R-Portland, is scheduled to be heard in the K-12 Subcommittee tomorrow. Sen. Bo Watson, R-Hixon, a sponsor of the bill, said he proposed the legislation in response to a now-rescinded resolution from the Rutherford County School Board that a surge in students needing English language courses had placed a financial strain on the district. Leaders in the state House have said that the long-term goal of the proposed law is to reverse the high court's 1982 ruling, according to WPLN News. An amendment added to the bill during Senate committee consideration would require schools to verify a student’s legal status before enrollment. Sen. Raumesh Akbari, D-Memphis, opposed the measure, saying the administrative cost of verifying students’ legal statuses, along with the cost of defending lawsuits against the state, exceeds the cost of educating undocumented children.


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