U.S. District Judge Aleta Trauger has ruled that a federal lawsuit alleging Tennessee’s mental health and disability agencies discriminated against deaf individuals living in privately run group homes can move forward. The Tennessee Lookout reports that attorneys for the state attempted to dismiss all claims brought by six individuals who say they were denied the ability to communicate and deprived of sign language interpreters and communication technologies in group homes. The state argued that Tennessee's mental health and disability agencies are not responsible for the way private group homes operate, but according to Trauger's decision, federal law “recognizes that a government agency’s decision to rely on a privatize-and-license model, rather than a direct services model, does not inherently excuse it from its antidiscrimination obligations in performing the underlying public services.”

U.S. Attorney Kevin Ritz of Memphis was confirmed to the 6th U.S. Circuit Court of Appeals Monday in a 48-46 vote by the U.S. Senate. The Daily Memphian reports that Ritz, nominated to the bench by President Joe Biden in March, succeeds Judge Julia Gibbons of Memphis on the panel of 29 judges who hear appeals from federal district courts in Tennessee, Kentucky, Michigan and Ohio. Gibbons is taking senior status on the court. According to the Commercial Appeal, Ritz, who was born and raised in Memphis, began working in the U.S. Attorney's Office for the Western District of Tennessee in 2005, holding a number of positions including appellate chief, criminal appellate chief and special counsel. As U.S. attorney, he led the federal criminal case against five Memphis police officers charged with violating Tyre Nichols' civil rights, was part of the announcement that the Justice Department had launched a pattern-or-practice investigation into the Memphis Police Department and brought a new program to Memphis that targets organized crime. Tennessee's Republican U.S. Sens. Marsha Blackburn and Bill Hagerty voted against Ritz's confirmation. Blackburn detailed her opposition during Senate Judiciary Committee hearings in April. U.S. Rep. Steve Cohen, D-Memphis, praised the Senate vote in a post-confirmation social media post.

Join West Tennessee Legal Services (WTLS) for its inaugural Disaster Law Seminar on Sept. 19 from 9 a.m. to 12:15 p.m. CDT. Attorney Jessi Pruett will discusses heirship property issues; WTLS attorneys Matthew Flood and Michael Creasy will present an overview of disaster legal work, FEMA appeals and working with the community after a disaster; and Vickie Trice and Jennifer Ramcharan from the Department of Commerce and Insurance will discuss working with insurance companies after a disaster. The event is free and will take place via Zoom. Register here.

Today marks the 237th anniversary of the signing of the U.S. Constitution, the world’s longest surviving written charter of government. U.S. District Judge Curtis L. Collier and law clerks Carrie Brown Stefaniak, Rachel Elaine Noveroske and Katherine E. Philyaw discuss some of the current sentiment for changing or amending the Constitution. They consider the dissatisfaction that some people have with the document, the role and function of the federal judiciary and the procedural steps required to change the Constitution. Interested in learning more about Constitution Day? The TBA has a collection of online resources.

The TBA Young Lawyers Division (YLD) is sponsoring a webcast on Nov. 21 beginning at noon CST titled "What Attorneys Must Know About Secondary and Vicarious Trauma." A panel of speakers will explore how exposure to the traumatic experiences of clients can affect lawyers' mental health and overall well-being. Panelists also will share ways attorneys can safeguard their mental health and support colleagues. Speakers include S. Chris Troutt, CEO of the Papillon Center; psychotherapist and behavioral health executive Lindsey O'Connell; and clinical psychologist Dr. Brynda Quinn. YLD member Patrick Morrison will moderate the discussion. 

TBA Young Lawyers Division (YLD) Past President Billy Leslie, Secretary Ross Smith and TBA House of Delegates Member Princess Rogers visited the Nashville School of Law (NSL) this week to speak with students about the benefits of their free membership with the TBA, including the Diversity Leadership Institute (DLI) and mentoring programs. They encouraged students to get involved with the TBA early by volunteering at pro bono clinics and attending CLE programs. NSL 3L student Diane Tress, a member of the 2024 DLI class, also was on hand to encourage her peers to apply for that program. See photos from the event.

Henry C. Leventis, U.S. attorney for the Middle District of Tennessee, has announced he will resign effective Oct. 4. During his two-year tenure, Leventis led the office's efforts in public safety, civil rights and combating health care fraud. Notable achievements, according to a press release from the office, included prosecuting international gangs, seizing significant amounts of drugs and intervening in a lawsuit challenging Tennessee's ban on gender-affirming care. Leventis will return to private practice after his departure. “I am eternally grateful to President Biden, Attorney General Garland, and Senators Blackburn and Hagerty for the opportunity to lead the United States Attorney’s Office and to work alongside so many talented and committed public servants,” Leventis said in the release.

TikTok and the U.S. government today began oral arguments in a federal court case that could determine the future of the popular social media platform in the United States, WSMV 4 reports. Attorneys for the two sides appeared before a panel of three judges at a federal appeals court in Washington, D.C. The case centers around a law enacted in April that requires TikTok's China-based parent company, ByteDance, to divest its U.S. operations by mid-January or face a ban. The social media platform sued after the law's enactment. The government argues that TikTok poses a national security risk due to its data collection practices and susceptibility to Chinese government influence. TikTok, however, contends that the law violates the First Amendment and is akin to authoritarian censorship. The company claims it has made significant efforts to address the government's concerns, including a proposed agreement and investments in security measures, according to the report.

Tennessee Justice for Our Neighbors (TNJFON) seeks to raise $50,000 at its annual Oye Vecino LIVE fundraiser on Sept. 19. The event, which features a panel discussion, music and food, aims to support the organization's mission of providing free or low-cost immigration legal services. This year's goal is higher due to increased operational costs and the absence of previous fundraising events. The organization already has raised over $32,000 toward its goal. The event will take place at the Fourth Story Theater at the West End United Methodist Church in Nashville. More information and the link to register are available online.

U.S. Rep. Andy Ogles is contesting the FBI's seizure of his cell phone and Gmail account as part of an investigation into alleged campaign finance discrepancies. Ogles confirmed the seizure in a social media post last month. According to Axios Nashville, Ogles claims these devices contain legislative materials that should be protected under federal law. In a recent court filing, he requests permission to review and remove documents related to that work. His attorneys also argue that the Justice Department should not have access to these communications. With regard to the broader investigation, Ogles has maintained that the alleged reporting discrepancies were based on honest mistakes.