The Tennessee Bar Association is closing today at 3 p.m. CDT and will remain closed Monday for the Memorial Day holiday. We will reopen at 8 a.m. CDT on Tuesday. Access staff email addresses and direct lines here.

Two Tennessee women are suing the state over its public employee health insurance plans that exclude coverage for gender-affirming care, claiming they are discriminatory and unconstitutional. Gerda Zinner and Story VanNess had scheduled surgeries to address their gender dysphoria and were denied insurance coverage. The University of Tennessee and Knox County Board of Education, as well as several Tennessee insurance committees, are named as defendants, reports the Commercial Appeal. VanNess worked as a special education teacher for Knox County public schools from 2016 until 2022. Zinner is currently an adviser at the University of Tennessee at Chattanooga.  

Nashville filed a lawsuit Wednesday seeking to strike down a new state law lowering the approval threshold needed for the Metro Council to approve renovations to the Nashville Fairgrounds Speedway. The new law, which overrides a provision in Nashville’s charter that requires 27 votes to approve demolition on the fairgrounds premises, would now only require 21 votes. The law was signed by Gov. Bill Lee on May 5, reports the Tennessean. Metro argues the new statute violates the Home Rule Amendment of the Tennessee Constitution, which bars the state from passing laws that impact only a particular county or city in its governmental capacity without local voter approval. The 27-vote supermajority rule for fairgrounds demolition was approved by voters in August 2011 by a two-to-one margin.

The Clarksville-Montgomery County School System (CMCSS) filed a lawsuit today against social media companies seeking "actionable accountability, tools and resources" to address the negative impact of social media on children, reports the Tennessean. Social media companies included in the suit include Facebook, Instagram, TikTok and YouTube. CMCSS is the seventh-largest school district in Tennessee with 43 schools and more than 38,000 students. The Leaf Chronicle reports that the county school system is being represented by Tennessee law firm Lewis Thomason and California-based firm Frantz Law Group.

Nashville Chancellor I'Ashea Myles ruled yesterday that Covenant School, Covenant Presbyterian Church and a group of Covenant parents may intervene in lawsuits filed against Metro Nashville seeking records related to the shooting at Covenant School in March. Myles also ruled the parents may continue pseudonymously in the case to protect the identities of their children. The school and church had requested the intervention to prevent release of sensitive security information or inspiring "copy-cat perpetrators," reports the Tennessean. Their attorneys also argued the release of the records could further traumatize the school’s children.

Two University of Tennessee College of Law professors received honors last month from the school for accomplishments in academic work. Professor Wendy Bach received the Jefferson Prize, which is awarded annually to a tenured or tenure-track faculty member who has demonstrated excellence in research and creative activity. Bach focuses her work on clinical legal education and poverty law. Associate Professor Joy Radice received the Excellence in Academic Outreach Award, which honors those who exemplify the school’s mission by using intellectual capital to benefit the citizens of Tennessee. Her focus is on the intersection of criminal law and the administrative state, and the gap in access to civil counsel.

The Nashville office of Lieff Cabraser Heimann & Bernstein hosted a reception earlier this month for women trial lawyers from across the country who were in town for the “A Class Of Our Own” conference. The conference was produced by Epiq and sponsored, in part, by the firm. Topics included eDiscovery, mass torts, consumer actions and other complex litigation matters. The reception was held at the firm’s downtown Nashville office. See photos from the Nashville Post.

The Sixth Circuit U.S. Court of Appeals has become the second court to reject a lenient standard that federal judges generally use to determine whether to certify wage-and-hour collective actions under the Fair Labor Standards Act (FLSA). Bloomberg Law reports that the court “in a splintered decision” set precedent by establishing a new, higher evidentiary standard that workers must meet when seeking to resolve their claims as a group rather than individually in FLSA actions.

A federal judge in Memphis on Friday continued to temporary block release of more video footage and records in the investigation into Tyre Nichols’ death, though he did show willingness to make information public so long as it does not interfere with the trials for five police officers facing charges. The Associated Press reports that Shelby County Criminal Court Judge James Jones Jr. directed prosecutors to outline the information they think should and should not be released and then give the list to defense attorneys. At issue is additional video footage and about 2,500 pages of documents.

Elk Valley Times writers Lora Scripps and Wanda Southerland will receive the Fourth Estate Award during the Tennessee Bar Association’s annual convention in Knoxville. The award will be presented at the Lawyers Luncheon on June 16. Scripps, the paper's general manager and editor, and Southerland, one of its reporters, are being recognized for six months of reporting on the Lincoln County mayor’s decision to exclude Jack Daniels from certain planning and zoning requirements, including site plans, permitting and fees. The move comes as local residents express concern about “whiskey fungus” created by unregulated barrel houses. The Fourth Estate Award was established to recognize and encourage journalists who promote public understanding of the rule of law and improvements in our system of justice through their vigorous exercise of their First Amendment rights. Read TBA’s full release on the award.