Opioid Distributers, Johnson & Johnson to Pay $26B in Finalized Agreement

An agreement for Johnson & Johnson and pharmaceutical distributors Cardinal, McKesson and AmerisourceBergen to pay $26 billion to 52 states and territories for their role in the opioid crises has been finalized. Attorney General Herbert Slatery announced final approval of the deal last week following successful state sign-on and subdivision sign-on periods. The agreement comes after three years of negotiations to resolve more than 4,000 claims from state and local governments across the country. Slatery and North Carolina’s attorney general spearheaded negotiations in the deal, which is the second largest multistate agreement in U.S. history. 150 local governments in Tennessee joined the settlement including every county and all cities with populations of 25,000 or more. The state will now receive $600 million over 18 years. Money will start flowing to state and local governments in the second quarter of 2022. Read more from the AG’s office.

UT Law Team Wins National Competition

A University of Tennessee College of Law team has won the 2022 national Phi Alpha Delta Mock Trial Competition. The team, including first-year student Kyle Mangrum, and second-year students Alex Allen, Grady McGinnity and Tommy Zoccola, excelled in three preliminary rounds before advancing to the finals and winning out over 21 teams.  The annual competition, held in the Washington, D.C. area, draws law students from 28 schools throughout the country and is judged by volunteer lawyers and judges. 

Biden Nominates Federal Appeals Judge Ketanji Brown Jackson to Supreme Court

President Joe Biden on Friday officially nominated federal appeals court Judge Ketanji Brown Jackson to the U.S. Supreme Court, making her the first Black woman nominated to the high court, the Associated Press reports. If confirmed, Jackson would fill the vacancy created by retiring Justice Stephen Breyer, for whom she clerked  early in her legal career. A Harvard Law graduate, Jackson served on the U.S. Sentencing Commission — the agency that develops federal sentencing policy — before becoming a federal judge in 2013. Biden last year nominated her to the U.S. Court of Appeals for the District of Columbia Circuit. According to National Public Radio, Biden is expected to talk about the nomination during his first State of the Union address tomorrow night. Other issues the president is expected to address include rising inflation, Russia’s military advance on Ukraine and the COVID-19 pandemic.

Photo: Associated Press

Judge Stella Hargrove to Retire from 22nd District

22nd Judicial District Circuit Court Judge Stella Hargrove today announced she will retire in August. A lawyer since 1977, she was the first female prosecuting attorney in the 22nd judicial district, first female circuit court judge in the 22nd judicial district, and first female president of the Maury County Bar Association. “She inspires people, all of us, men and women, in what she’s had to overcome to become a circuit court judge,” said Judge Christopher Sockwell of the 22nd Judicial District Circuit Court. “You have to remember, when she first started in law school and became a lawyer, it was more of a man’s club. There weren’t that many women practicing and in positions of authority, and she not only did well, she thrived and overcame any obstacles that were put in front of her and eventually was elected circuit judge.” Read more from the Administrative Office of the Courts.

Investiture for Judge Phillips Held Monday

Tennessee Gov. Bill Lee performed the investiture ceremony Monday for William E. Phillips, who is the Circuit Court judge for the 3rd Judicial District in Greenville. Phillips was appointed in October by Lee to fill the vacant seat after Thomas Wright retired. Phillips, 45, is already serving as judge. A formal swearing-in ceremony by 3rd Judicial District Chancellor Douglas E. Jenkins was held in October. Phillips has been a lawyer for 19 years and served as the city attorney for Rogersville and Church Hill. The Greeneville Sun has more.

Photo by Tessa Worley / Times News

UT Law Professor Pens New Book on U.S. Supreme Court

University of Tennessee College of Law Professor Ben Barton is set to release a new book next week that will provide an in-depth look at the U.S. Supreme Court. “The Credentialed Court: Inside the Cloistered, Elite World of American Justice,” combines empirical studies of every justice’s background from John Jay to Amy Coney Barrett that demonstrate how today’s justices arrive on the court with much narrower experiences than their predecessors. “One thing I learned is that these justices lived very varied and sometimes pretty bizarre lives,” Barton said. “Historically the court has included a former President, a former running back who led the NFL in rushing, America’s greatest civil rights attorney, and a justice who practiced both law and medicine.” The book will be released on March 8. Read more from the College of Law’s website.

Photo: University of Tennessee College of Law

2 Officials Pledge Support in Anti-Mask Lawsuit, Families File New Motion

On Monday, the families who sued to force a mask requirement in Knox County Schools said they would accept tying the rule to CDC recommendations, the News Sentinel and WATE report, while on the same day Knox County Mayor Glenn Jacobs and state Rep. Jason Zachary, R-Farragut, each pledged $5,000 to support a lawsuit against the county’s board of education aimed at ending a court-enforced mask mandate in Knox County Schools. Masks have been required in Knox County Schools since Sept. 28 when Judge Ronnie Greer said the school system must enforce the same mandate that was in place during the 2020-2021 school year. If Greer opts to go along with the families' motion, Knox County students still must wear masks, but that could change if community levels of COVID-19 go down. 

Court Hears Challenge to Mandatory Sentencing for Teens Convicted of Murder

The Tennessee Supreme Court last week heard arguments in the case of State of Tennessee v. Tyshon Booker, which challenges the constitutionality of mandatory minimum sentences for juveniles convicted of murder, WPLN reports. Booker was 16 when he shot and killed G’Metrik Caldwell in Knoxville during a botched robbery. Attorneys for Booker did not argue his innocence in the crime, but instead took aim at the state’s 51-year minimum sentence for anyone, regardless of age, found guilty of first-degree murder. They argue the law violates Booker’s eighth amendment protection from cruel and unusual punishment. The state argued the law is constitutional because it fulfills the U.S. Supreme Court’s requirement that juveniles be allowed the chance for parole. However, that could soon change if state lawmakers pass the “Truth in Sentencing” bill, which effectively eliminates early release for many crimes, including murder. The high court will consider how to proceed in Booker’s case while that legislation makes it way through the General Assembly. The justices are expected to reconvene in early April.

Legislators Support Ukraine

Gov. Bill Lee’s office on Monday said Tennessee does not have state investments with Russian companies after previously asking treasurer officials to investigate, according to the AP. Senate Speaker Randy McNally, R-Oak Ridge, introduced a resolution calling on the U.S. to limit Russian banking, expel Russian diplomats and ban Russian imports. Meanwhile, starting today, Tennessee’s Capitol will be lit with the blue and yellow colors of Ukraine’s flag.

Senate OKs Residency Requirements for U.S. House Candidates

The state Senate on Monday advanced legislation requiring U.S. House and Senate candidates to meet the same criteria imposed on state legislative candidates, who must be Tennessee residents for at least three years and residents of the county they’ll represent for at least one year “immediately preceding the election.”  The bill passed 31-1, with Republican Sen. Todd Gardenhire casting the lone no vote, the AP reports. It must still pass the GOP-controlled House. “I think y’all are trying to stop somebody from running,” Gardenhire said, without naming a specific candidate. Read more from the Commercial Appeal.

Senator to Propose Elimination of Affirmative Action Program

In his final year as a state senator, Mike Bell is ready to get rid of Tennessee’s affirmative action program, saying he will bring legislation this week to eliminate it from state and local governments, Tennessee Lookout reports. Bell's Senate Bill 2440 and House Bill 2569, sponsored by Rep. John Ragan, R-Oak Ridge, prohibits the state from discriminating against or granting preferential treatment to an individual or group based on race, sex, color, ethnicity or national origin for public employment, education or contracting.

New Issue: Access to Justice, Expanding the Right to Vote

The new Tennessee Bar Journal is out today, featuring articles on landmark cases from Tennessee that impacted Americans' right to vote. On this 60th anniversary of Baker v. Carr and the 50th of Dunn v. Blumstein, learn about these important contributions from the Volunteer State. This March-April issue has an Access to Justice emphasis, looking at how technology innovations can help, a list of pro bono opportunities, an update from the Tennessee Supreme Court Access to Justice Commission, and the annual Public Service Award winners. And don't miss Justice Sharon Lee's article on e-filing in Tennessee courts!

Judge Calloway Helps Celebrate Women's History Month with Talk on Restorative Justice

Throughout March, TEDxNashville is celebrating the contributions women are making everywhere. One of the programs features Judge Sheila D.J. Calloway, discussing forgiveness in the criminal justice system. "With a system of Restorative Justice, all of those who were harmed (victims, families, community) can achieve both accountability and restoration, moving everyone toward forgiveness," the promo says. Watch the 20-minute video here.

Deadline for Court's Civics Contest is March 18

The U.S. District Court for the Eastern District of Tennessee – Chattanooga Division is inviting high school and middle school students in 17 area counties to participate in its annual civics essay contest. This year’s topic is Brown v. Board of Commissioners of the City of Chattanooga, a federal lawsuit that alleged the Chattanooga city government was in violation of the Voting Rights Act. The Hamilton County Herald has the details.

Don't Miss Hot Topics in Tax Law, May 4

Join a one-hour live, virtual CLE on Hot Topics in Tax Law on May 4. Current members of the executive committee will provide updates on the impact of current regulations, what to expect in the coming months and much more. Attendees will have an opportunity to join the panelists by submitting questions or topics. 

Carter to Seek Reelection in 17th Judicial District

Robert J. Carter, district attorney general for Tennessee’s 17th Judicial District, has announced his plans to seek reelection to the position in the upcoming 2022 election, the Shelbyville Times-Gazette reports. The 17th District includes Bedford, Lincoln, Marshall and Moore counties. Carter has served in this current capacity since being appointed by Gov. Bill Haslam in 2012 and was reelected in 2014.