Judges continue to rule on Biden administration policies. Last week, a federal judge in Texas allowed a rule to take effect that permits retirement plans to consider “Environmental, Social and Governance” (ESG) factors as a “tie breaker” between equally valid options when making investment decisions. The decision came after the 5th U.S. Circuit Court of Appeals sent the case back to the trial court with instructions to consider the impact of the U.S. Supreme Court’s ruling overturning the Chevron doctrine. National Law Review has more on the decision. Tennessee Attorney General Jonathan Skrmetti, in partnership with 24 other state attorneys general, had sued over the rule in 2023. In another case, a federal rule barring discrimination based on sexual orientation and gender identity in federally funded schools was struck down. The judge in that case said the Education Department exceeded its authority when it crafted the rule interpreting Title IX. Bloomberg Law reports on that finding. Skrmetti had sued over that rule as well. Finally, the 8th U.S. Circuit Court of Appeals has blocked Biden's student debt relief plan, Reuters reports.

Following a mechanical failure, an employee parked his tractor-trailer on the shoulder of an interstate highway. As result of delays in the repair of the tractor-trailer, the vehicle had been on the shoulder for at least seven hours when a driver crashed into the parked tractor-trailer. Two of the driver’s passengers, the driver’s son and his son’s fiancée, died. The estates of the deceased and their shared minor child (the Plaintiffs) filed a tort suit against the driver and also against the driver of the tractor-trailer and his trucking company employer. The trial court granted summary judgment to the defendant tractor- trailer driver and his employer. In doing this, the trial court based its decision upon what it termed a special rule of Tennessee tort law called the Carney Rule, a reference to this court’s decision in Carney v. Goodman, 270 S.W.2d 572 (Tenn. Ct. App. 1954). In reaching this conclusion, the trial court relied upon an understanding of the Carney decision set forth in several federal court decisions. The Plaintiffs argue the trial court erred in its application of the Carney Rule. We agree and reverse the trial court’s decision, remanding for further proceedings.

Tennessee Attorney General Jonathan Skrmetti this week led a 38-state and territory bipartisan coalition requesting that the Food and Drug Administration (FDA) take swift action against bad actors who are endangering consumers with counterfeit and unsafe forms of the GLP-1 weight loss and diabetes drugs Ozempic, Wegovy, Mounjaro and Zepbound. The group is asking the FDA to lead efforts to safeguard the American supply chain and to work with other federal and state agencies to stop bad actors from producing counterfeit drugs. Read more in a news release from the attorney general office, read the full letter or view Tennessee’s GLP-1 warning.

Make plans now to join the TBA for a CLE like no other! The Murder Mystery CLE, set for May 16, is a unique opportunity that will allow participants to step into the roaring 1920s and unravel the mystery of J.W. Hanks’ untimely demise. Was Hanks’ killer his employee, his doctor, his wife, his mistress, his best friend or someone else he trusted? Using Tennessee’s latest criminal laws to uncover crucial clues, teams will spend the afternoon immersed in this unforgettable blend of education and entertainment with guidance from Lincoln Memorial University Duncan School of Law professors Sydney Beckman and Melanie Reid. The event, which includes lunch, will take place from noon to 4 p.m. CDT at the Nashville Public Library. Members of the Criminal Justice Section save on registration. Not a section member yet? Join here.

The Morning Pointe Foundation, the philanthropic arm of Ooltewah-based assisted living provider Morning Pointe Senior Living, will offer a free event for caregivers on March 11. The event, "How to Make Tough Decisions for Your Aging Loved One," will feature a panel of experts including CELA attorney and TBA Elder Law Section Executive Council Delegate Glen Kyle answering questions regarding financial planning, Medicaid and Medicare, and veterans’ benefits. Tickets are not required, and light refreshments will be provided. Learn more here.

This year’s Elder Law Basics forum will take place virtually on April 10. Designed for attorneys new to this practice area, the program will provide essential information on conservatorships and GAL reports, TennCare debt and estate recovery, powers of attorney, VA benefits and ethics. Register here.

The Elder Law Forum will take place in-person July 25 at a to-be-determined location. This annual staple provides insight from top professionals while allowing attendees to meet with other lawyers in the practice area. Topics will include Medicaid and TennCare, undue influence, office systems and AI, VA benefits, ethics and much more. More information coming soon.

Due to the winter storm and threat of hazardous travel conditions, Gov. Bill Lee closed state offices in the West and Middle Grand Divisions today. The announcement noted that state services offered online remain available and state employees able to work from home were encouraged to do so. A number of courts across the state also were closed.

The Tennessee Supreme Court transferred the law license of Shelby County lawyer Gilbert Henry Jacobson to active status on Feb. 18. Jacobson was placed on disability inactive status more than five ago on June 18, 2019.

In this interlocutory appeal, the employer contends the trial court erred when it found that the employee would likely prevail at trial in his request for medical benefits resulting from a welding accident. The employer had denied the claim, asserting willful misconduct and failure to wear a safety device as defenses, but the trial court concluded the employer had not presented sufficient evidence of these affirmative defenses to support a conclusion that the employee was unlikely to prevail at trial. Employer has appealed. After careful consideration of the record and of arguments of counsel, we affirm the trial court’s order and remand the case.

William Russell "Bill" Rice died recently at age 86. After graduating from the University of North Carolina Chapel Hill, Rice began working at the University of Tennessee (UT) Hospital in Knoxville as a billing agent. He later attended UT College of Law, continuing to work full time at the hospital. Rice earned his law degree in 1976. He joked that his record as a trial lawyer was one and zero, after successfully representing one client in one courtroom trial. Throughout his career, Rice served in a number of leadership roles, including as CEO of the UT Hospital, where he oversaw the development of new medical facilities. He later became chancellor of the UT Health Science Center in Memphis before retiring.