Shelby County Chancellor Melanie Taylor Jefferson ruled Wednesday that gun control questions can appear on the November ballot, the Daily Memphian reports. Taylor Jefferson agreed with the Memphis City Council’s private attorney that state claims that the referendums are preempted by state gun laws were “not ripe” because the referendums are just proposals, and no amendments have yet been made to the city charter. The Memphis City Council approved the ballot measures in July but the Shelby County Election Commission ruled they would not be added to the ballot based on guidance from state officials. The council then sued the commission.

After about 13 hours of arguments over two days, a jury has been empaneled in the Tyre Nichols federal criminal case, according to the Commercial Appeal. Opening arguments also have been made in a trial that will determine whether or not former Memphis police officers Tadarrius Bean, Demetrius Haley and Justin Smith Jr. are guilty of violating Nichols' civil rights during a beating after a Jan. 7, 2023 traffic stop. Two other former officers, Emmitt Martin III and Desmond Mills Jr., pleaded guilty before the trial to using excessive force and conspiracy to witness tamper. A number of witnesses also took the stand yesterday, including a police department trainer and the nurse who admitted Nichols to the hospital. Read more in the Daily Memphian.

The Metropolitan Nashville Police Department has arrested David Joseph Bush, 23, on an indictment charging him with multiple crimes in connection with last September’s shooting into a car driven by Davidson County Chancery Court Judge I’Ashea Myles on I-440. During the incident, which police say was motivated by road rage, Myles was struck by broken glass but otherwise uninjured. Her front seat passenger suffered gunshot wounds to the hand and leg and was hospitalized before being discharged to continue recovering at home. Police linked Bush to the incident based on ballistic evidence and cell phone data. At the time of his arrest, Bush was free on a $125,000 bond for a March arrest for an alleged road rage shooting case on Murfreesboro Pike. Read more in a release from the department.

A Nashville judge has restored the voting rights of four people in Davidson County, rejecting a state rule that formerly incarcerated individuals must have their gun ownership rights restored before voting rights can be restored, WPLN reports. The Tennessee State Election Commission issued guidance in July requiring restoration of gun ownership rights as well as the payment of restitution, court costs and child support payments before voting rights could be restored. Advocates argued that since many felony charges bar people from owning a gun, that right could never be restored. Criminal Court Judge Angelita Dalton, citing the Tennessee Supreme Court’s holding in State v. Johnson, found that the prohibition on possessing firearms does not render the petitioners ineligible from having full citizen rights restored. In related news, Tennessee Lookout reports that Gov. Bill Lee pledged to look into the issue after the New York Times reported on the challenges facing Tennesseans.

The Tennessee Bar Association Travel Discount Program offers travel discount service to TBA members. Savings average 10-20% below market on all hotels and car rental suppliers around the world. Save time and money. To access this service, make sure you are logged in to your TBA member account first, then explore any hotel, any car, anywhere, anytime.

A federal judge recently ruled in favor of Tennessee plaintiffs terminated from Medicaid who sued the state for failures in its eligibility processes. The lawsuit, A.M.C. v. Stephen Smith, contests the policies and practices of TennCare that “unlawfully deprive eligible children and adults of vitally necessary medical care” through “a defective process for the periodic reevaluation of the eligibility of individuals enrolled in TennCare,” among other claims. Federal District Court Judge Waverly D. Crenshaw said in his decision: "Poor, disabled and otherwise disadvantaged Tennesseans should not require luck, perseverance or zealous lawyering to receive health care benefits they are entitled to under the law.” Crenshaw maintains that while the organization’s leadership and frontlines "do admirable, diligent work,” organizations as large as TennCare can be “unwieldy, and, when improperly handled, have dire consequences for those they effect.” Clarence Carter, commissioner of the Tennessee Department of Human Services said regarding the case, “There is always going to be a need for a rich, robust, efficient, effective safety net … It just ought to be catching people like a trampoline, not a hammock.” Tennessee remains one of 10 states yet to accept federal Medicaid expansion, leaving more than an estimated $2 billion in federal funding on the table. Crenshaw has ordered that the plaintiffs and state attempt mediation prior to the judge addressing the plaintiffs’ claims for relief. The Tennessee Lookout has more.

TBA’s 24th Annual Health Law Primer will take place Oct. 16 at the Nashville office of Bass Berry & Sims. This introductory seminar features a general health law overview provided by experienced health care leaders. Topics at this year’s primer include an introduction to the U.S. health care system, fraud and abuse, physician and provider licensure, contracting, and more. Lunch will be provided with a reception following presentations. Learn more about the primer here.

The 36th Annual TBA Health Law Forum will feature keynote presenter David Higginson, executive vice president and chief innovation officer at Phoenix Children’s Hospital, who will discuss AI essentials for health care leaders. Higginson’s presentation will provide a layman’s overview of AI, strategic advantages of implementation in medicine and its expected trajectory over the next two to five years. Higginson has more than 25 years of experience in health care technology and has driven significant innovation and advancements within Phoenix Children's Hospital during his tenure. Other topics at the forum include regulatory fraud and abuse, private equity, digital health, cyber security, enrollment issues, payer disputes, ethics and more. View the agenda and register here.

Tennessee Gov. Bill Lee announced three judicial appointments last week. Adrienne Waters Ogle, a partner at Ogle McCarter and a magistrate on the Sevier County Juvenile Court, has been named to the 4th Judicial District Circuit Court. The court serves Cocke, Grainger, Jefferson and Sevier counties. Kimberly Lund has been named to the 19th Judicial District Chancery Court, which serves Montgomery and Robertson counties. She currently serves as an assistant district attorney in the district. The governor selected Lund after fewer than three lawyers applied for the vacancy. Finally, Joshua Turnbow has been named to the 23rd Judicial District Circuit Court. He currently is an assistant district attorney in the district, which serves Cheatham, Dickson, Houston, Humphreys and Stewart counties. All three seats are new judicial positions created by the General Assembly during the last session. Read more about new jurists in a release from the governor's office.

The TBA’s 2024 Environmental Forum will take place in person on Nov. 15 in Nashville. This year’s program will address topics such as endangered species litigation, underground storage tanks, drinking water, the Chevron decision, brownfields, ethics and more. Breakfast and lunch will be included. Watch for more information coming soon.