A nonprofit has filed a lawsuit against Tennessee’s new law requiring those attempting to access certain material online to verify their age. According to WSMV 4, the Free Speech Coalition’s lawsuit claims that the “Protect Tennessee Minors Act” violates the First and 14th Amendments by imposing “substantial burdens on website operators, content creators, and countless others who use the internet” by requiring websites to age-verify every user before granting access to “content harmful to minors.” The group also argues that the definition of "harmful to minors" is not well defined. The law, signed by Gov. Bill Lee in May, is set to take effect on Jan. 1, 2025.

The Nashville law firm of Stranch, Jennings & Garvey PLLC has announced that its suit against Gerber Life Insurance Company has been granted national class action certification. The suit, which alleges the company used deceptive naming and marketing to push its Grow-Up Plan and College Plan, seeks damages for all individuals who purchased plans dating back to April 2014. Specifically, the suit alleges that the company lead parents and grandparents to believe the plans were affordable ways to build a nest egg for their child or grandchild, but really locked consumers into a guaranteed loss, only providing any net value if the child died. According to the firm, the entire class includes over two million people who paid Gerber more than $700 million in premiums.

The Tennessee Court of Appeals recently dismissed a lawsuit brought against the city of Memphis over a backlog of more than 12,000 untested rape kits, the Commercial Appeal reports. A second ruling, issued the same day, also reversed a ruling from the Shelby County Circuit Court that a group of women could convert the suit into a class action. Three women initially sued the city due to the backlog. A third woman eventually joined the lawsuit with claims from the 1990s. Issues in the case centered on whether the city could be held liable under the Governmental Tort and Liability Act (GTLA) and whether the state’s lack of an equitable tolling statute or class action tolling statute disallowed the claim. The appeals court found that claims brought under the GTLA required “strict compliance” with its terms, including a statute of limitations. Read the opinion.

A group that unsuccessfully opposed Nashville Mayor Freddie O’Connell’s transit referendum ahead of the November election now has filed suit to declare that vote void. In the suit, which was filed in Davidson County Chancery Court, the Committee to Stop an Unfair Tax and Emily Evans, the group’s chair, contend that the proposal violates state law by offering to pay for things that go beyond the scope of public transit, like sidewalks and signals. The Nashville Banner has more on the suit.

Nashville lawyer Karla Campbell, who was nominated to the U.S. 6th Circuit Court of Appeals by President Joe Biden earlier this year, will not get a confirmation vote in the U.S. Senate before Biden’s term ends. The Tennessean reports that a deal struck by Democratic and Republican senators will allow for votes on several trial court nominees but put four appellate court nominations on hold. The other appellate nominees are Adeel Mangi, who was up for a seat on the Philadelphia-based 3rd Circuit Court of Appeals; Julia Lipez, who was nominated to the Boston-based 1st Circuit Court of Appeals; and Ryan Park, up for a seat on the Richmond, Virginia-based 4th Circuit Court of Appeals.

The TBA Young Lawyers Division (YLD) and its Mock Trial Committee have released case materials for the 2025 Tennessee State High School Mock Trial Competition. In the new case, Lee Jasper v Reece Witherfork, students will present their best arguments in a civil scenario centered around a rodeo. District competitions will be held in February. Teams advancing to the state competition will meet in Nashville March 21-22 to determine the Tennessee champion. This year's competition will feature the organization's first Artist in the Courtroom Competition. Tennessee's mock trial championship team and first place artist will have the opportunity to represent the state at the National High School Mock Trial Competition in Phoenix, Arizona, May 7-10. The Mock Trial Committee is led by Chair Ashley Tipton, Vice Chair Michael Holmes and Long Range Planning Coordinator Zack Walden. Access resources for the upcoming competition.

Several Middle Tennessee law enforcement agencies, including the Metro Nashville Police Department, Franklin Police Department and Mt. Juliet Police Department, have launched anti-retail theft operations ahead of the holiday season. All agencies have warned that individuals caught stealing from stores or breaking into cars will be arrested and prosecuted. According to WKRN News, shoplifting cases have risen by 20% this year in Mt. Juliet. As part of "Operation Safe Shopper," the Mt. Juliet Police Department plans to deploy mobile surveillance towers, increase patrols and assign more undercover officers. The Metro Nashville Police Department will work closely with mall security, with 10 to 12 detectives dedicated to the organized retail crime unit.

A Memphis judge ruled last week that Emmitt Martin III, one of the five former Memphis Police Department officers charged in the death of Tyre Nichols, will be tried separately from co-defendants. According to the Daily Memphian, the lawyers for Tadarrius Bean, Justin Smith and Demetrius Haley — Martin’s co-defendants — argued before Shelby County Criminal Court that Martin should be split from the three in state court because of his cooperation with prosecutors in the federal case. Martin pleaded guilty to federal charges in August and implicated his co-defendants in Nichols’ death at the federal trial in September. According to the paper, the officers will return to court in February at which time the state will indicate whether Martin intends to enter a plea deal or go to trial.

The 3rd Judicial District Recovery Court was awarded a federal grant from the U.S. Substance Abuse and Mental Health Services Administration (SAMHSA) for just under $2 million, the Administrative Office of the Courts announced in a press release. According to Circuit Court Judge Beth Bonifaceto, the grant will be distributed over five years to serve all four counties in the district and will allow the court to expand case management, behavioral health and individual counseling services to participants in Greene, Hamblen, Hancock and Hawkins counties. The recovery court currently runs three sober living homes in Hamblen County.

The Nashville mayor’s office and the Metro Nashville Police Department (MNPD) are making a push to secure the city council’s support for Fusus, a surveillance footage centralization system that would allow police to access private surveillance cameras to aid in investigations. According to the Nashville Banner, at the council’s most recent meeting, two dozen residents spoke about the contract, many in opposition to the idea. An amendment to address concerns includes provisions to terminate the contract if federal or state law enforcement misuses the system, prohibit facial recognition or AI, and ensure that the company cannot change its terms unilaterally. If approved, MNPD could use Fusus to access private surveillance footage from camera owners who volunteer for the program. Police could review the footage in prescribed scenarios, including in response to higher-level calls for service. The council will reconsider the issue Tuesday night.