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Posted by: Tanja Trezise on Jun 17, 2024

GRIFFIN, Circuit Judge. Michigan Attorney General Dana Nessel seeks to shut down Enbridge’s Line 5 Pipeline, which runs underwater across the Straits of Mackinac between Michigan’s Lower and Upper Peninsulas. The merits of this litigation are not before us. Instead, we consider only which court should decide this case: does it belong in Michigan state court (where the Attorney General filed it in 2019) or in federal court (to where Enbridge removed it over two years later)? We hold that Enbridge failed to timely remove this case to federal court under 28 U.S.C. § 1446(b), and there are no equitable exceptions to the statute’s deadlines for removal. Thus, under these circumstances, this case belongs in Michigan state court. Because the district court held to the contrary, we reverse the district court and direct it to remand this case to Michigan’s 30th Circuit Court for the County of Ingham.

Posted by: Stacey Shrader Joslin on Jun 17, 2024

Eads attorney Charlotte Knight Griffin took office as vice president of the Tennessee Bar Association (TBA) last week during the group’s Annual Convention in Memphis. She will advance to the presidency in June 2026. Knight Griffin began her career in private practice in Memphis after earning her law degree from the University of Tennessee College of Law. She joined Memphis Light, Gas and Water as a staff attorney in 1978 and retired in April 2023 after 45 years of service. Knight Griffin has been active in the TBA for many years, most recently serving as speaker of the House of Delegates and a member of the Board of Governors. She is a past chair of the Local Government Practice and Litigation sections, a charter fellow of the Young Lawyers Division (YLD), a past executive officer of the YLD and president of the TBA YLD Fellows. Read more about her career in this press release.

Posted by: Tanja Trezise on Jun 17, 2024

A majority of the Judges of this Court in regular active service has voted for rehearing en banc of this case. Sixth Circuit Rule 35(b) provides as follows:

A decision to grant rehearing en banc vacates the previous opinion and judgment of the court, stays the mandate, and restores the case on the docket as a pending appeal.

Accordingly, it is ORDERED that the previous decision and judgment of this court are vacated, the mandate is stayed, and this case is restored to the docket as a pending appeal. It is further ORDERED that the pending Motion to Compel Defendant-Appellee to Comply with the Court’s Order (Dkt. 35) and Motion to Stay Judgment and Issuance of the Mandate (Dkt. 36) are denied as moot.

Posted by: Tanja Trezise on Jun 17, 2024

This is an appeal from the order of the trial court revoking a community corrections sentence. On February 18, 2022, the Appellant, Gregory Tyrone Dotson, entered a guilty plea to aggravated assault with a deadly weapon, vandalism, and possession with intent to sell .5 grams or more of a substance containing cocaine, for which he received an effective sentence of ten years to be served on community corrections. Following an evidentiary hearing, the trial court revoked the Appellant’s community corrections sentence based on the preliminary hearing testimony of Able Aguilar, the victim of the aggravated robbery as alleged in the violation warrant, and imposed the original ten-year sentence in confinement. On appeal, the Appellant contends the admission of Aguilar’s preliminary hearing testimony violated his confrontation rights because there was an insufficient showing of good cause or reliability. He additionally argues the trial court erred in considering an offense that was not included in the violation warrant to revoke the Appellant’s community corrections sentence and in ordering complete confinement. After review, we affirm the judgments of the trial court.

Posted by: Tanja Trezise on Jun 17, 2024

Week of June 10, 2024 - June 14, 2024

Posted by: Stacey Shrader Joslin on Jun 17, 2024

Knoxville attorney Heidi Barcus took office as president-elect of the Tennessee Bar Association (TBA) during the group’s Annual Convention in Memphis last week. Barcus will advance to the presidency in June 2025. Barcus has been active in the TBA and other legal and community organizations for many years, serving most recently as TBA vice president, Second District representative on the TBA Board of Governors and as a member of the TBA’s Law Office Technology & Management Section and its Tort and Insurance Practice Section. She handles health care, litigation, product liability and professional liability matters as a shareholder with Lewis Thomason. Read more about her career in this press release.

Posted by: Stacey Shrader Joslin on Jun 17, 2024

Nashville attorney Edward D. Lanquist Jr. took office as president of the TBA last week during the group’s Annual Convention in Memphis. Lanquist has been active in the TBA and other legal and community organizations for many years. For the TBA, he most recently served as president-elect, after being elected vice president in 2022. He also served as general counsel for the association from 2016-2022. He is a shareholder in the Nashville office of Baker, Donelson, Bearman, Caldwell & Berkowitz PC. Prior to joining Baker Donelson, Lanquist co-founded a full-service intellectual property and technology law firm where he practiced for 30 years. Read more about his career in this press release.

Posted by: Stacey Shrader Joslin on Jun 17, 2024

The TBA offices will be closed Wednesday for Juneteenth, a federal and state holiday in the United States commemorating emancipation of enslaved African Americans. The TBA will reopen on Thursday at 8 a.m. CDT. Staff information, including emails and direct phone lines, can be accessed on the TBA website.

Posted by: Laura Labenberg on Jun 17, 2024

The TBA YLD is seeking volunteers for an expungement clinic on July 18 at 4:30-7 p.m. CDT at the Marshall County Courthouse located at 301 Marshall County Courthouse, Lewisburg 37091. Contact Savannah Oliver to volunteer.

Posted by: Laura Labenberg on Jun 17, 2024

The TBA Young Lawyers Division and Legal Aid of East Tennessee (LAET) will conduct a virtual name change clinic via Zoom on July 11 at 4:30 p.m. EDT. Pre-registration is required and must be completed by July 9. Contact LAET at 423-402-4766 for more information. Click here to volunteer.


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