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Posted by: Stacey Shrader Joslin on Jul 12, 2024

A bipartisan group of U.S. senators, including Tennessee Sen. Marsha Blackburn, have introduced a bill that would protect creatives and journalists from the unauthorized use of their work by artificial intelligence (AI). The Associated Press reports that the “Content Origin Protection and Integrity from Edited and Deepfaked Media Act” (COPIED Act) would require developers and providers of AI tools to allow content owners to attach to their work information documenting the origin and history of the asset. Any content with this attachment could not be used to train AI models or generate AI content. News Channel 5 has the story.

Posted by: Azya Thornton on Jul 12, 2024

CLAY, Circuit Judge. Defendant Marriott Hotel Services, Inc. (“Marriott”) appeals the denial of its motion for summary judgment and the grant of summary judgment to Plaintiff Avantax Wealth Management, Inc. (“Avantax”). After terminating a contract with a hotel managed by Marriott, Avantax brought the instant declaratory judgment action against Marriott, seeking a declaration approving its termination of the contract. Marriott thereafter filed a counterclaim for breach of contract, and both parties moved for summary judgment. The district court granted Avantax’s motion for summary judgment and denied Marriott’s motion for summary judgment because it concluded that Avantax validly terminated the contract under the contract’s force majeure clause. For the reasons set forth below, we AFFIRM the district court’s order.

Posted by: Azya Thornton on Jul 12, 2024

The defendant, Jacob A. Smith, appeals his Knox County jury conviction of unlawful possession of a weapon by a convicted felon, challenging the trial court’s denial of his motion to continue his trial to attain the assistance of an expert witness. Because the defendant’s motion for new trial was untimely filed and because we decline to waive the untimeliness of the defendant’s notice of appeal, we dismiss the appeal.

Posted by: Azya Thornton on Jul 12, 2024

The petitioner, Hector William Zarate Capriel, appeals the denial of his petition for post- conviction relief, which petition challenged his guilty-pleaded conviction of misdemeanor child abuse, alleging that he was deprived of the effective assistance of counsel. Discerning no error, we affirm the denial of post-conviction relief.

Posted by: Azya Thornton on Jul 12, 2024

This action involves the termination of a father’s parental rights to his minor child. Following a bench trial, the court found that clear and convincing evidence existed to establish the statutory ground of termination of abandonment by failure to visit. The court also found that termination was in the best interest of the child. We affirm the trial court’s termination decision.

Posted by: Stacey Shrader Joslin on Jul 12, 2024

Shelby County District Attorney Steve Mulroy joined Memphis City Councilwoman Pearl Eva Walker at a recent first town meeting to discuss crime and public safety issues. The last question of the night, however, focused on legislative efforts to oust Mulroy from office, News 5 reports. When asked why state Sen. Brent Taylor, R-Memphis, is seeking to remove him from office, Mulroy said, “I don’t know. I mean, it’s got to be political. It’s obviously political. He’s playing to his base, getting clicks and likes and press by blaming one person for everything that’s going on. If you examine the truth, you’ll see there’s nothing to this.” Taylor has called for Mulroy to be removed from office for “dereliction of duty.”

Posted by: Azya Thornton on Jul 12, 2024

The employee appeals the trial court’s order granting summary judgment in favor of the employer and dismissing the case. The employee was injured in 2017 when he was struck by a forklift. The employer accepted the claim as compensable and provided certain benefits. After the employee was placed at maximum medical improvement, the employer’s insurer sent the employee a settlement offer in July 2019. The employee signed and returned the settlement offer in July 2020 but heard nothing further about a possible settlement of the claim. The insurer last issued a benefit payment on the claim in November 2020. In August 2023, the employee filed a petition for benefits, and the employer filed a motion for summary judgment in which it asserted the statute of limitations had expired. The trial court agreed and granted summary judgment, and the employee appealed. Upon careful consideration of the record, we reverse the trial court’s order and remand the case.

Posted by: Stacey Shrader Joslin on Jul 12, 2024

Former Tennessee House Speaker Beth Harwell has settled a suit filed over campaign finances in her 2022 run for Congress. Tennessee Lookout reports that Harwell and the Government of the People PAC reached a settlement with the Federal Election Commission for a $16,000 civil penalty. The group alleged that Harwell violated campaign finance rules regarding soft money during her campaign for the 5th District congressional race. Harwell claimed at the time that a transfer of funds from her state political action committee to a super PAC that supported her bid was vetted by attorneys working for her campaign. According to the news source, because Harwell did not try to hide the transfer she was not charged for violating the law.

Posted by: Stacey Shrader Joslin on Jul 12, 2024

Pharmaceutical company AbbVie has asked the U.S. Supreme Court to take up its fight to protect corporate records, warning that a lower court ruling threatens to erode the shield that protects most attorney communications. The company is appealing a decision from the 3rd U.S. Circuit Court of Appeals that the filing of a sham patent-infringement suit can overcome attorney-client privilege, Reuters reports. The appeals court found that such cases can be considered fraudulent activity and trigger the “crime-fraud exception,” which allows attorney-client privilege to be set aside.

Posted by: Stacey Shrader Joslin on Jul 12, 2024

The Tennessee Trial Court Vacancy Commission met rcently in Sevierville to consider eight applicants for a circuit court judge vacancy in the 4th Judicial District, which covers Cocke, Grainger, Jefferson and Sevier counties. After holding a public hearing and interviews, the commission selected three nominees to forward to Gov. Bill Lee for his consideration. They are: Dandridge lawyer and Assistant District Attorney Jeremy D. Ball; Newport attorney Jeffery S. Greene with McSween, McSween & Green; and Sevierville lawyer Adrienne Waters Ogle with Ogle McCarter. Greene is also the attorney for the towns of Parrotsville and Dandridge. Ogle is also a Sevier County Juvenile Court magistrate and attorney for the city of Gatlinburg. The vacancy in this district was created when the General Assembly approved funding for a new judge.


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