The Memphis Police Department (MPD) says it will move forward with a decertification request for MPD Lt. Dewayne Smith, who was on the scene of the Tyre Nichols beating but retired with benefits a day before a hearing to fire him. The Tennessee Peace Officer Standards and Training Commission (P.O.S.T.) scheduled a hearing Thursday about the decertification request, but MPD then asked to rescind the request. P.O.S.T. called on the department to answer questions as to why it was going back on the decertification request. Then this morning, MPD halted that request to stop the decertification, calling the request “a misunderstanding.” ABC24 has the full MPD statement and additional details about Smith’s actions the night Nichols was beaten.

The U.S. Supreme Court today heard arguments on whether a dog toy, which looks like a bottle of Jack Daniel’s whiskey but carries the words "Bad Spaniels" on the label, violated the Jack Daniel’s trademark or whether it is protected as parody under the First Amendment. At issue is whether humorous products that parody a brand enjoy special protection from trademark claims under the First Amendment, or whether funny knock-offs violate trademark law because they could confuse consumers or disparage the original product. The U.S. Court of Appeals for the 9th Circuit sided with toy maker, ruling that – because the product is a parody – it enjoys special protection from trademark claims. The Tennessean has more details.

A Shelby County judge has ruled that a class-action lawsuit seeking damages related to 12,000 untested rape kits can move forward. The Commercial Appeal reports that Circuit Court Judge Gina Higgins’ ruling is the latest in a nearly nine-year journey through the court system, including last-minute motions from both plaintiff and defense attorneys that pushed back Higgins' ruling since October 2022. The lawsuit was originally filed in 2014 after the Memphis Police Department disclosed the existence of some 12,000 untested rape kits with forensic evidence taken from victims of sexual assault between the 1980s and 2012. The ruling was delayed two weeks after last-minute filings from plaintiffs' attorneys, city attorneys and the Tennessee Bureau of Investigation.

The Daily Memphian reports that Shelby County Mayor Lee Harris has given Shelby County Clerk Wanda Halbert a deadline of Friday to choose another location for her satellite office in Poplar Plaza. If she does not, he says she could be derelict in her duty. The clerk’s lease at its Poplar Plaza office runs out at the end of June and is not being renewed. Halbert has called for more office locations as a solution to last year’s backlog in the renewal of car tags, which resulted in her office’s closure for two weeks to deal with the surfeit. However, a planned office on Riverdale Road has not yet opened, and she has not found a new location in Poplar Plaza.

Join the TBA YLD's Civil Rights Walking Tour on April 14 in downtown Nashville. Learn about the impact that legal history has had in making the city of Nashville a more inclusive place to thrive. This CLE will offer a uniquely interactive historical perspective regarding the role Nashville played in the civil rights movement, women’s right to vote, enactment of disability laws and changes to access for public education. It will end with a panel discussion on the future of civil rights litigation and how attorneys can incorporate it into their practice. For more information, including tour stops, and to register, click here.

Memorial service arrangements for 21st District Attorney General Kim Helper will be held this weekend. The family will receive friends from 4–8 p.m. CDT on Saturday at Williamson Memorial Funeral Home, 3009 Columbia Ave., Franklin 37064. A memorial service will be held at 2 p.m. CDT on Sunday at St. Paul’s Episcopal Church, 510 West Main St., Franklin 37064. Helper died Monday following a brief illness.

Nearly 50 Tennessee lawyers participated in today’s inaugural “TBA Day on the Hill,” meeting with more than 20 state legislators, attending committee meetings and hearing from state government officials. The day kicked off with remarks from Brandon Gibson, chief operating officer for the state, and Secretary of State Tre Hargett. Participants also observed proceedings of the House Civil Justice Committee. The day wrapped up with individual meetings with legislators to discuss important issues affecting Tennessee attorneys. The TBA’s annual legislative reception, known as Big Shrimp, will take place this evening and provide additional opportunities to connect with elected officials. See photos from the day.

The chief disciplinary counsel of the Tennessee Supreme Court Board of Professional Responsibility is not absolutely immune from a lawsuit alleging she wrongfully terminated an employee, the U.S. Sixth Circuit Court of Appeals ruled Monday. The decision overturns a trial court’s ruling that Chief Disciplinary Counsel Sandra Garrett was entitled to absolute quasi-judicial immunity from a suit for money damages. The suit from a former employee claimed that both Garrett and the board wrongfully terminated him as disciplinary counsel and violated his free speech rights by firing him over alleged anti-Muslim tweets. Read more from Reuters or read the opinion.

Join your colleagues on Friday for a virtual, free roundtable discussion of the work being done by the TBA Women in the Profession Committee. The committee conducted a survey of licensed Tennessee attorneys and held focus groups in Nashville, Knoxville and Memphis last year. During this week’s session, Interim Executive Director Barry Kolar will present findings of the survey and Roberta Pettis of FocusWorks Consulting will discuss focus group results. RSVP here by 3 p.m. CDT tomorrow to attend. The meeting link will be sent the morning of the event to the email used on the form. CLE credit is available for a nominal fee. Contact CLE@tnbar.org if you would like to receive credit for the program.

The American Bar Association has announced 30 finalists for its 2023 Silver Gavel Awards for Media and the Arts, which recognize works that foster the American public’s understanding of law and the legal system. The winners will be announced on May 24. Read more about the awards and check out the books, documentaries, drama and literature, magazine articles, multimedia works, newspaper articles, radio programs and television programs that are under consideration.