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Posted by: Stacey Shrader Joslin on Jan 23, 2025

Tennessee Attorney General (AG) Jonathan Skrmetti today announced that a bipartisan coalition of states and other parties have reached a $7.4 billion settlement in principle with members of the Sackler family and their company Purdue Pharma for their instrumental role in creating the opioid crisis. Although the final amount Tennessee will receive depends on multiple factors, the state anticipates receiving more than $90 million. Funding will be used to support opioid addiction treatment, prevention and recovery programs. The settlement also ends the Sackler family's control of Purdue and their ability to sell opioids in the United States. Read more about the agreement in news release from the AG’s office.

Posted by: Stacey Shrader Joslin on Jan 23, 2025

The U.S. Department of Justice Civil Rights Division has put a pause on all active civil rights litigation and indicated it may want to revisit settlements made during the final months of the Biden administration, the Associated Press reports. The Commercial Appeal looks at how that decision might affect the department’s case against the Memphis Police Department and sentencing in the Tyre Nichols federal case.

Posted by: Stacey Shrader Joslin on Jan 23, 2025

Since taking office on Monday, President Donald Trump has signed a range of executive orders on immigration, diversity and criminal justice. Immigration orders included declaring a national emergency on the U.S.-Mexico border; designating Mexican drug cartels as foreign terrorist organizations; reinstating the "Remain in Mexico" policy for asylum seekers; sending troops to the southern border; and suspending refugee resettlements for four months. The Associated Press looks at these and other immigration actions. Trump also signed orders rescinding Biden edicts that put a government-wide DEI apparatus in place and directing the attorney general to review DEI initiatives in the private sector, state and local bar associations and certain institutions of higher education. Bloomberg Law has more on those actions. Two bar association presidents commented on the order to Reuters. Finally, a number of orders will impact the justice system, including reinstating and expanding the federal death penalty and lifting a ban on federal contracts with privately run detention facilities.

Posted by: Azya Thornton on Jan 23, 2025

SUTTON, Chief Judge. When Glorianna Moore refused to show her license to Officer Brian Wilson at a traffic stop, he opened her car door and grabbed her arm. Because Moore started screaming and twisting her body away, Officer Wilson restrained her by holding her arm and head until backup arrived. The encounter led to this § 1983 action against Officer Wilson. The district court rejected Officer Wilson’s motion for summary judgment premised on qualified immunity, reasoning that a jury could find that he violated Moore’s clearly established Fourth Amendment rights. We reverse.

Posted by: Stacey Shrader Joslin on Jan 23, 2025

The Belmont College of Law’s Legal Aid Society will host its annual golf tournament fundraiser on March 25. The “Putt for Pro Bono Golf Tournament” raises funds for law students pursuing unpaid public interest internships, enabling future advocates to gain invaluable experience while making a difference in their communities. Watch for more information to come including a link to register for the event. Contact Natalie Burton in the meantime with any questions.

Posted by: Stacey Shrader Joslin on Jan 23, 2025

Tennessee Gov. Bill Lee and top Republican legislative leaders yesterday outlined an immigration agenda for the upcoming special session. Elements include creating a special centralized Immigration Enforcement Division within the Department of Safety, appointing a new chief immigration enforcement officer, creating a Class E felony for local officials who adopt or maintain “sanctuary city” policies and authorizing the state attorney general to initiate removal proceedings for officials convicted under the proposed new law, raising standards for state-issued IDs, encouraging local officials to cooperate with federal immigration authorities, and a grant program to help local governments support federal and state immigration policies. In related news, the Associated Press is reporting that interim leaders in the U.S. Justice Department have directed U.S. attorneys to investigate local law enforcement officials who refuse to enforce new federal immigration policies.

Posted by: Stacey Shrader Joslin on Jan 23, 2025

The Tennessee Bar Foundation has awarded more than $3 million in grants from the IOLTA program. Funds will be used by organizations and programs that provide vital legal services and improve the administration of justice in Tennessee. In a news release announcing the grants, the foundation notes that this year’s amount is the largest in the 37-year history of the program due to higher interest rates paid by financial institutions. The total given in grants over the years has now passed $30 million. Jacqueline B. Dixon, chair of the foundation’s board of trustees, said IOLTA provides resources that “help organizations meet their mission to provide legal representation to low income and vulnerable people and improve the administration of justice." See the full list of grant recipients.

Posted by: Berkley Schwarz, Brad Lampley & Ashley Harbin on Jan 23, 2025

The 114th Tennessee General Assembly kicked off the 2025 legislative session last week, beginning the first year of a two-year legislative session and implementing some significant changes in the structure and membership of House and Senate committees.

In the House, Speaker Cameron Sexton, R-Crossville, adjusted both the ranks of committee chairs and the structure of committees themselves. Rep. Debra Moody, R-Covington, is now chair of the Calendar & Rules Committee, replacing Rep. Jason Zachary, R-Knoxville, who is now deputy speaker. Rep. Gary Hicks, R-Rogersville, is chair of the Finance, Ways and Means Full Committee, a position previously held by former Rep. Patsy Hazlewood, R-Signal Mountain, who was defeated in last year’s election. Rep. Tandy Darby, R-Greenfield, is chair of the Banking & Consumer Affairs Subcommittee of Commerce. The former chair, Rep. Dennis Powers, R-Jacksboro, now chairs the newly formed Private Acts Committee.

One of the most significant changes this session is the restructuring of House committees. In previous years, there were multiple judiciary, education and state and local government committees. This year, those have been consolidated, leaving three main committees. The leadership indicated the restructuring was designed to promote greater efficiency. The Judiciary Committee, chaired by Rep. Andrew Farmer, R-Sevierville, will have three subcommittees: Civil Justice, Criminal Justice and Children & Family Affairs. Rep. Mark White, R-Memphis, will chair the Education Committee, which will have four subcommittees: Education Administration, Higher Education, Education Instruction and K-12. Finally, Rep. John Crawford, R-Bristol, is chair of the newly combined State & Local Government Committee, which has four subcommittees: Department & Agencies, Public Service, Cities & Counties and Elections & Campaign Finance. See the roster of all House committee leaders.

The Senate experienced significant changes as well. Sen. Shane Reeves, R-Murfreesboro, takes over as chair of the Senate Agriculture Committee, succeeding Sen. Steve Southerland, R-Morristown. Sen. Ed Jackson, R-Jackson, is chairing the Government Operations Committee, replacing Sen. Kerry Roberts, R-Springfield. Additionally, following Sen. Jon Lundberg's, R-Bristol, electoral defeat, Sen. Dawn White, R-Murfreesboro, has taken over as chair of the Education Committee. See the roster of all Senate committee leaders.

The General Assembly adjourned on Jan. 16 in preparation for the special session, which will begin on Jan. 27.

Posted by: Stacey Shrader Joslin on Jan 23, 2025

Save the date and make plans now to attend the TBA Young Lawyers Division's (YLD) 2nd Annual Trial College. The program will be held at Belmont University College of Law and will cover a range of litigation topics, including putting together a trial notebook, planning for and presenting opening and closing statements, conducting direct and cross examination, and working with expert witnesses. A panel of judges will wrap up the day with judicial insights for trial success. Registration will start at 8 a.m. followed by programming from 8:30 a.m. to 4:45 p.m. CDT at the law school's Randall and Sadie Baskin Center.

Posted by: Stacey Shrader Joslin on Jan 23, 2025

An executive order issued by President Donald Trump on Monday to limit who benefits from the U.S. Constitution’s “birthright citizenship” provision was blocked today by a federal judge, Reuters reports. The order made it official government policy that children born to mothers not legally in the country or here temporarily, and whose fathers are not citizens or lawful permanent residents at the time of the birth, would not automatically become citizens of the country. The order quickly was challenged by state attorneys general from Washington, Arizona, Illinois and Oregon. U.S. District Judge John Coughenour in Seattle called the effort "blatantly unconstitutional" and issued a temporary restraining order preventing enforcement. Other challenges also are pending. Suits from the Boston-based Lawyers for Civil Rights and a coalition of 18 attorneys general are pending in Massachusetts, while the ACLU has filed a challenge in New Hampshire. Bloomberg Law reports on those.


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