U.S. District Court Judge Eli Richardson this week threw out three charges against former House Speaker Glen Casada and his ex-chief of staff Cade Cothren and postponed sentencing on their remaining fraud and kickback convictions to Sept. 16. But the pair’s request for a new trial was denied. Tennessee Lookout reports that Richardson found that the inadvertent playing of an unredacted interview with Casada by FBI agents was not enough to merit a new trial. Defense attorneys had argued the tape incriminated Cothren and prejudiced the jury. With regard to the charges thrown out, Richardson said prosecutors failed to prove the men operated as agents of the government. He did not make a decision on whether to hear from an alternate juror who wrote a letter saying she would have voted to acquit the pair.

The Shelby County Commission has approved a resolution that rules out the New Chicago area of North Memphis from being the site of any new jail. Commissioner Henri Brooks proposed the resolution, which passed on an 8-3-1 vote, the Daily Memphian reports. A real estate coalition that owns the land had proposed it as the best site for a new jail and criminal justice center. Commissioner Shante Avant announced she is appointing an ad hoc committee to research and make recommendations on how the process should work to request proposals for other sites. Commissioner Mickell Lowery will chair the group, which will include citizens and experts.

Lawyers presented their cases at the first hearing in a federal lawsuit challenging a recent Tennessee law making it illegal to “harbor” undocumented immigrants, the Nashville Post reports. The lawsuit argues that the law is unconstitutional and that its broad language could criminalize landlords, churches and nonprofits that house undocumented immigrants. It also contends that enforcement of immigration law should be the purview of the federal government, not the states. Attorneys with the state argued that churches and other groups would not be liable under the law, noting its intention is to crack down on “professional smugglers” who transport or harbor undocumented immigrants for a profit. The plaintiffs are seeking a preliminary injunction to block enforcement of the law while the case works its way through the court system.

The Tennessee Supreme Court temporarily suspended Shelby County lawyer William Shea Forgety from the practice of law on Sept. 9 after finding that he failed to respond to the Board of Professional Responsibility concerning one complaint of misconduct.

The Tennessee Supreme Court temporarily suspended Shelby County lawyer Andrewnetta Melissa Boyd from the practice of law on Sept. 9 after finding that she failed to respond to the Board of Professional Responsibility concerning one complaint of misconduct. The court notes that this suspension is in addition to an administrative suspension, entered Aug. 20, 2024, for failure to complete continuing legal education obligations.

The University of Memphis has closed its Office of Multicultural Affairs in response to recent Tennessee legislation that limits many diversity, equity and inclusion (DEI) programs. This change has left many minority students uncertain and concerned, as the office had served as a key support hub — hosting groups like the NAACP, the Hispanic Student Association and the Black Student Association. University leadership says the shift is necessary for legal compliance, but students say it removes vital emotional, social and academic resources they rely on. WREG reports on the developments.

Registration is open for this year's Disability Law Forum! Join your colleagues Oct. 23 on Zoom for three virtual sessions that will cover a variety of topics applicable to disability law practitioners, including a session with Jennifer Cronenberg from the National Organization of Social Security Claimants’ Representatives (NOSSCR), a course dedicated to preparing for an administrative law judge hearing, and a Disability Determination Services/Office of Hearings Operations update with Kim Joseph and James Stanfield. Reserve your spot today!

A news item in yesterday's issue of TBA Today had the incorrect date for the Sevier County Bar Association's 11th Annual Sevier County Juvenile Seminar. The event will take place on Oct. 14. Register for the program and view the agenda. All proceeds will benefit the Women’s Recovery Home.

BLOOMEKATZ, Circuit Judge. John Schnatter is the founder and former CEO of Papa John’s, a pizza company. He accused his company’s former public-relations firm, Laundry Service, of leaking damaging information about him to the press, and brought this lawsuit, claiming that the alleged leak violated the parties’ nondisclosure agreement. Laundry Service denied the allegation, and the parties spent the next four years litigating the dispute in federal court. Finally, after Laundry Service failed to win on the merits, it moved to compel arbitration under the Federal Arbitration Act (FAA), 9 U.S.C. § 4. The district court denied the motion. It concluded, after a bench trial, that Schnatter and Laundry Service had entered an enforceable nondisclosure agreement containing an arbitration provision that bound both parties. Despite this contract, however, the district court held that Laundry Service had lost its right to arbitrate by litigating extensively in federal court before moving to compel. In this interlocutory appeal, Laundry Service challenges the district court’s rulings on alternative grounds. First, Laundry Service argues that it did not enter a binding nondisclosure agreement with Schnatter. Second, even assuming that it is bound by the nondisclosure agreement, Laundry Service argues that it did not forgo its right to arbitrate under that contract, and that the FAA requires the district court to send the dispute to arbitration. Given the limited scope of our interlocutory review, we lack jurisdiction to review Laundry Service’s first argument that it did not enter a binding contract. We do, however, have jurisdiction to review the district court’s determination that Laundry Service defaulted on its arbitration rights. On that issue, we agree with the district court. Thus, we dismiss Laundry Service’s appeal in part and otherwise affirm the district court’s judgment. Schnatter urges us to go one step further by sanctioning Laundry Service for filing a frivolous appeal. We decline to do so.

KAREN NELSON MOORE, Circuit Judge. For several years, Rockwood Auto Parts, Inc., and Rockwood Towing, Inc., worked closely with the Monroe County Sheriff’s Office and former Sheriff Dale Malone. Rockwood Auto performed regular maintenance on the sheriff’s fleet of patrol cars. And Rockwood Towing held a plum position on the sheriff’s call list when a civilian or a deputy got into a wreck. Then a new sheriff came to town. Shortly after Troy Goodnough became sheriff, Monroe County bid out the fleet-maintenance work and awarded the contract to a different shop. Goodnough also revised the towing list, reducing Rockwood’s share of the county’s tow calls. All of this has been bad for business at Rockwood Auto and Rockwood Towing. So, the companies and their owner, Jacques (“Jack”) Poli, sued Goodnough, Monroe County, and Sergeant Michael Preadmore, alleging violations of their constitutional rights. The district court granted summary judgment to Defendants. For the following reasons, we AFFIRM.