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Posted by: Azya Thornton on Apr 3, 2026

Because the order from which the appellant has filed an appeal does not constitute a final appealable judgment, this Court lacks jurisdiction to consider this appeal.

Posted by: Azya Thornton on Apr 3, 2026

This appeal stems from a partition lawsuit. The real property at issue was sold at auction. The issues on appeal are whether Appellants have an ownership interest in the property and the proceeds from partition sale, and whether the trial court properly allocated the proceeds between the rightful owners. We reverse the trial court regarding ownership and hold that Appellants own one-half of the property. We affirm the trial court’s allocation of the funds from the partition sale. We vacate the trial court’s judgment as to whether Appellants’ attorneys’ fees should be paid from the partition proceeds and remand this issue for reconsideration in light of our Court’s determination of ownership.

Posted by: Azya Thornton on Apr 3, 2026

THAPAR, Circuit Judge. David Lynn Vannelli pled guilty to four charges related to the sexual abuse of a minor. He entered a plea agreement that, if accepted, would require the district court to impose a sentence of 180 months’ imprisonment. But the district court found that sentence inadequate and rejected the plea agreement. Rather than withdraw his plea, Vannelli proceeded to sentencing and received a sentence of 252 months in prison. Vannelli now appeals the rejection of his plea agreement and his sentence. We affirm both.

Posted by: Azya Thornton on Apr 3, 2026

CLAY, Circuit Judge. Plaintiffs Rieth-Riley Construction Company, Inc., Scott D. Meade, Daniel Ranger, and Michael J. Courtney filed these suits under the Employee Retirement Income Security Act (“ERISA”), 29 U.S.C. § 1001 et seq., against Defendants Operating Engineers’ Local 324 Health Care Plan, Operating Engineers’ Local 324 Pension Plan, Operating Engineers’ Local 324 Defined Contribution Plan, Operating Engineers’ Local 324 Vacation and Holiday Fund, Operating Engineers’ Local 324 Journeyman & Apprentice Training Fund, Operating Engineers’ Local 324 Retiree Benefit Fund, and Fringe Funds’ Trustees. Plaintiffs allege that Defendant Fringe Funds Trustees violated their fiduciary duties under ERISA. The district court dismissed Plaintiffs’ complaints after finding that Plaintiffs’ ERISA claims were preempted by the Garmon doctrine, denied Plaintiff Rieth-Riley Construction Company, Inc.’s motion for leave to file an amended complaint, and denied Plaintiffs’ motions for preliminary injunction. Plaintiffs now appeal the district court’s dismissal of this case and denial of those motions. For the reasons set forth below, we AFFIRM the district court’s judgment.

Posted by: Azya Thornton on Apr 3, 2026

RONALD LEE GILMAN, Circuit Judge. John Petsche, a former member of the Brecksville, Ohio City Council (the City Council), filed this 42 U.S.C. § 1983 civil rights action after being prosecuted for participating in votes to build a new police station in which he had a financial interest as the roofing subcontractor. Such conduct is an offense under Ohio law. Although Petsche was indicted by a grand jury, he was ultimately acquitted after a bench trial. Petsche alleged that Brecksville Mayor Jerry N. Hruby and Law Director David J. Matty, in collusion with Brecksville City Councilmembers Gerald F. Broski, Louis N. Carouse, Jr., Laura Redinger, and Kimberly Veras (collectively, the individual defendants), submitted false statements and omitted material information in their communications to the Ohio Ethics Commission, all in retaliation for Petsche’s criticism of how the City Council had recently handled the payment of an unrelated debt. Petsche alleged that Mayor Hruby’s and Law Director Matty’s communications set in motion an investigation by the Ohio Ethics Commission and the Commission’s eventual referral of the matter to the Cuyahoga County Prosecutor’s Office, all of which resulted in Petsche being indicted by a grand jury. He also brought municipal-liability claims against the City of Brecksville (the City), alleging that the actions taken by Mayor Hruby, Law Director Matty, and the named city councilmembers constituted an official policy of retaliation and an official policy of malicious prosecution. The individual defendants and the City moved for summary judgment, which the district court granted on all claims. For the reasons set forth below, we AFFIRM the judgment of the district court.

Posted by: Azya Thornton on Apr 3, 2026

PER CURIAM. This appeal involves John C. Farris’s challenge to his sentence of imprisonment. But today’s opinion does not resolve the underlying merits of Farris’s appeal. We instead address the conduct of Farris’s attorney, Steven N. Howe, who was appointed to represent Farris pursuant to the Criminal Justice Act, 18 U.S.C. § 3006A. By his own admission, Howe used artificial intelligence to draft the briefs in this case and then filed them without properly verifying the cited legal authorities. The result was multiple misrepresentations of law to this Court. This opinion details Howe’s conduct and the consequences that follow. Additionally, by separate order issued on this same date, we remove Howe from further representation of Farris and order the Clerk to (i) appoint replacement counsel under the Criminal Justice Act, (ii) lock the briefs Howe filed on behalf of Farris, and (iii) reset the briefing schedule upon appointment of replacement counsel.

Posted by: Azya Thornton on Apr 3, 2026

TBA’s Legislative Updates podcast is new this week with TBA lobbyists and attorneys Berkley Schwarz of Pier Strategies LLC and Brad Lampley of Adams & Reese. This week they discuss TBA's bills that are moving through the legislative process, including the extrajudicial adoptions bills HB1263/SB1238; real estate bills HB569/SB394, HB1970/SB1985 and HB1762/SB1707; adoption bill SB2165/HB2350; probate bill SB2184/HB2451; and family law bill SB2324/HB2429. Tune in on the TBA website or through this link. Attorneys interested in supporting the TBA’s lobbying efforts can contribute to LAWPAC.

Posted by: Azya Thornton on Apr 3, 2026

The Chattanooga Bar Association (CBA) has launched a new monthly initiative, “Community Volunteers Day,” aimed at providing members with regular opportunities to give back to local nonprofits while fostering connection within the legal community. According to Chattanoogan.com, the inaugural March event was held at Siskin Children’s Institute, where volunteers assisted in painting a room with magnetic paint to create a therapeutic and engaging space for children. Participants included attorneys and staff from several local firms, and association leaders said the effort reflects a broader commitment to community service and member engagement. The next volunteer day is scheduled for April 14 at 8:30 a.m. CDT at the Children’s Advocacy Center of Hamilton County in Chattanooga, where participants will tour the facility and kick off a snack and stuffed animal drive to support children receiving services. Organizers are asking volunteers to bring one stuffed animal and one box of individually wrapped snacks. Read more on the CBA website.

Posted by: Julia Wilburn on Apr 3, 2026

A strong mentoring relationship can be one of the most valuable experiences in your legal career. While mentors play an important role in offering guidance, advice and perspective, mentees are equally responsible for shaping the success of the relationship. This guide provides practical tips and discussion ideas to help mentees make the most of mentoring opportunities whether in a formal program or an informal professional relationship.

What Makes a Good Mentee

  1. Be Proactive, Not Passive. Take initiative to schedule meetings, suggest discussion topics, and follow up on advice or goals. Your mentor is a resource but the energy and direction should come from you.
  2. Come Prepared. Before each meeting, think through what you want to talk about: current challenges, questions or updates. Respect your mentor’s time by being intentional.
  3. Be Open and Honest. Share your successes and struggles. Mentors can only offer meaningful guidance if they understand where you are in your professional journey.
  4. Follow Through. If your mentor recommends an article, introduces you to someone, or suggests a next step, follow up promptly. Demonstrating reliability builds credibility and shows respect.
  5. Respect Boundaries. Recognize that your mentor is also balancing their own workload. Be professional in communication, punctual for meetings and mindful of time.
  6. Welcome Feedback Gracefully. Constructive criticism is a gift. Listen carefully, ask clarifying questions and use it as an opportunity to grow.
  7. Share Your Wins. Mentors appreciate hearing about your progress. Let them know when their advice or support has made a difference. It strengthens the relationship and builds mutual motivation.

Tips for Maximizing Your Mentoring Relationship

  • Set clear goals early. Discuss what you hope to gain (e.g., career direction, networking, work/life balance strategies or developing professional skills.)
  • Establish a meeting rhythm. Monthly or bi-monthly meetings are often ideal. Use TBA organized events as a way to meet easily. Keep communication open between sessions.
  • Be flexible. Your mentor’s time may be limited; show grace when meetings need to be rescheduled.
  • Express gratitude. A simple thank-you note or message goes a long way in maintaining goodwill.

Discussion Topics for Mentees and Mentors

Here are conversation ideas for the first meeting to help mentees engage meaningfully and drive productive discussions:

  • How did you decide which area of law to practice?
  • What do you wish you’d known as a new lawyer?
  • What’s your approach to networking and professional reputation?
  • What habits or routines contribute most to your success?
  • How can I set myself apart as a new lawyer or law student?

Provided by TBA Mentoring Committee, November 2025

Posted by: Azya Thornton on Apr 3, 2026

Former U.S. Attorney General (AG) John Ashcroft spoke during a March 31 event at Lipscomb University where he stressed leadership, faith and liberty. According to the Nashville Post, his appearance was part of the Fred Gray Lectureship’s 2025-26 Presidential Signature Series, which also included a panel discussion discussion moderated by Lipscomb President Candice McQueen with Tennessee AG Jonathan Skrmetti and attorney Mark Lanier. Ashcroft, who served as U.S. attorney general from 2001 to 2005, called liberty “the core value of the universe” and “the character of the United States.” Skrmetti spoke about how his faith informs his work and emphasized the importance of adhering to constitutional limits on government power.


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