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Posted by: Azya Thornton on Apr 23, 2025

The TBA’s Elder Law Forum 2025 will be held July 25 at Belmont University College of Law’s Randall & Sadie Baskin Center in Nashville. The event offers a premier opportunity for elder care professionals across the state to connect and learn. This year’s forum will cover key topics such as undue influence, Medicaid/TennCare, VA benefits, ethics and more. More details will be available soon on the TBA website, where attendees can also register.

Posted by: Azya Thornton on Apr 23, 2025

Local governments, nonprofits and businesses in 14 East Tennessee counties can now apply for a share of the $100 million available from the state to help those affected by the remnants of Hurricane Helene, according to WBIR. The legislature created the Governor's Response and Recovery Fund in January during a special session at Gov. Bill Lee's request. The fund is intended to address local disaster needs, including those caused by Helene in late September. The deadline to apply is May 31. For more information, visit the Tennessee Emergency Management website.

Posted by: Azya Thornton on Apr 23, 2025

Two Texas men have been convicted of wire fraud, bank fraud and money laundering in connection with a 2022 phishing scam that cost the City of Memphis $773,695.45, according to the Daily Memphian. The scam involved impersonating a local construction company with an active city contract, submitting fraudulent invoices that were subsequently paid by the city. The case was part of a broader criminal conspiracy investigated by the FBI. “The FBI and our partners are committed to holding accountable those who seek to line their own pockets through business email compromise, romance and money laundering schemes,” said Special Agent in Charge Joseph E. Carrico of the FBI's Nashville Field Office.

Posted by: Azya Thornton on Apr 23, 2025

Walgreens has agreed to pay $300 million to settle allegations by U.S. prosecutors that it illegally filled millions of invalid prescriptions for opioids and other controlled substances, the U.S. Justice Department said Monday. Under the agreement, the amount will be paid over six years with 4% annual interest, and the company will owe an additional $50 million if it is sold, merged or transferred before Fiscal Year 2032, Reuters reports. Prosecutors alleged Walgreens violated the Controlled Substances Act by ignoring “red flags” and filling unlawful prescriptions. The company said in a regulatory filing that it does not anticipate any major future opioid-related cases. Walgreens joins a number of other entities — drug manufacturers such as Purdue Pharma, Teva and Allergan, pharmacy operators such as Kroger, CVS, Walmart and Food Citymarketing firms and consulting firms — that have agreed to pay billions of dollars to resolve multiple lawsuits tied to the nation’s opioid epidemic.

Posted by: Azya Thornton on Apr 23, 2025

The Tennessee Justice Bus will join the University of Tennessee Extension for its Spring Health Fair and National Healthy Kids Day on April 26, from 10 a.m. to 1 p.m. CDT at the Dickson County Government Building and the Dickson County YMCA. Attendees will have access to a variety of local and statewide legal information and resources, including the ability to use the Justice Bus’s onboard technology to research legal issues through Help4TN.org and TN.FreeLegalAnswers.org. Get more information about the event.

Posted by: Stacey Shrader Joslin on Apr 23, 2025

TBA’s member benefit partner SoFi will offer a free webinar on June 4 at noon CDT to help lawyers better understand the current status of the student loan landscape. Join Brian Walsh, SoFi’s financial planning leader, as he breaks down the latest changes and how SoFi at Work can help. The session also will include a live Q&A to answer any questions from attendees. Register here.

Posted by: Julia Wilburn on Apr 23, 2025

The law firm of Rainey Kizer Reviere & Bell celebrated its 50th anniversary on Monday with a ribbon cutting at its Jackson office. Founded in Jackson in 1975 by Tom Rainey and Jerry Kizer, the firm now employs 50 lawyers and has offices in six cities across Tennessee and Kentucky. WBBJ was on site to record the ceremony and interview the firm's president, Dale Thomas.

Posted by: Julia Wilburn on Apr 22, 2025

The Tennessee Supreme Court Access to Justice Commission is partnering with the Tennessee Alliance for Legal Services, the Hard Bargain Association and Legal Aid Society of Middle Tennessee and the Cumberlands to hold a wills clinic in Williamson County. The clinic is set for May 3 from 9 a.m. - 1 p.m. CDT at Mercy's Community Clinic, 143 SE Parkway Ct., Franklin 37064. Attorneys and at least one notary are needed, and law students are welcome to participate. Click here to view an informational flyer or register here to help.

Posted by: Azya Thornton on Apr 22, 2025

This action involves the termination of a mother’s parental rights to her minor child. Following a bench trial, the court found clear and convincing evidence to establish the following statutory grounds of termination: (1) abandonment for failure to provide a suitable home and (2) the persistence of conditions which led to removal. The court also found that termination was in the best interest of the child. We now affirm.

Posted by: Azya Thornton on Apr 22, 2025

ALICE M. BATCHELDER, Circuit Judge. In this consolidated appeal, we REVERSE the judgment of the district court in Bricker and AFFIRM the judgments in McHenry and Orta. This appeal concerns three federal prisoners serving lengthy sentences. Invoking the compassionate-release statute, 18 U.S.C. § 3582(c)(1)(A), which allows a court to reduce a final prison sentence for “extraordinary and compelling reasons,” each prisoner sought release based on a recently enacted “policy statement,” U.S.S.G. § 1B1.13(b)(6). In that statement, the Sentencing Commission announced that a nonretroactive change in the law can present an “extraordinary and compelling” reason warranting a sentence reduction if (1) a prisoner has served at least 10 years (2) of “an unusually long sentence,” (3) there is a “gross disparity” between the actual sentence being served and a hypothetical sentence that would apply under the current law if any nonretroactive changes in the law since the original sentencing were given retroactive effect, and (4) the sentencing court has fully considered “the defendant’s individualized circumstances.”1 To cut to the heart of this, because some recent revisions to federal sentencing law are not retroactive, old inmates are serving prison sentences that are much longer than the sentences of new inmates who committed the exact same crimes. Recognizing the unfairness, the Commission decided that the disparity was a good reason to grant these old-timers early release, or was at least a factor worth considering when deciding whether an individual old-timer had an “extraordinary and compelling reason” for early release. That is understandable and even laudable. The question is whether the Commission has the authority to do that under the law, particularly the Constitution. To be specific, the questions in this appeal concern the separation of powers, specifically the Commission’s power to overrule a Circuit Court’s interpretation of a statute or to promulgate a policy statement that contradicts other federal statutes. The Sentencing Commission “is a peculiar institution”—a judicial-branch agency with “quasi-legislative” power—about which the Supreme Court has acknowledged that its “unique composition and responsibilities . . . give rise to serious concerns about a disruption of the appropriate balance of governmental power among the coordinate Branches.” Mistretta v. United States, 488 U.S. 361, 383-85 (1989). Based on the analysis that follows, we conclude that the Commission overstepped its authority and issued a policy statement that is plainly unreasonable under the statute and in conflict with the separation of powers. We therefore hold that U.S.S.G. § 1B1.13(b)(6) is invalid.


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