Tennessee Bonding Company (“Tennessee Bonding”) claims that the trial court erred by temporarily suspending its bonding authority for thirty days and then restricting its bonding authority for a period of one year for violating local bail bonding rules that required a source hearing for bonds of One Hundred Thousand Dollars ($100,000) or more. Discerning no error, we affirm.

The Defendant, John Edward Roach, was convicted by a Hardin County jury of three drug- related offenses for which he received an effective sentence of twenty years’ imprisonment. The sole issue presented for our review is whether the evidence is sufficient to support his conviction for possession of drug paraphernalia, a Class A misdemeanor. See Tenn. Code Ann. § 39-17-425 (a)(1)-(2). The Defendant argues that the State failed to establish (1) that the items seized from the search of his home constituted drug paraphernalia and (2) that the Defendant intended to use any of the seized items for an illicit purpose. Upon our review, we affirm.

Petitioner, Darius Mack, appeals the Shelby County Criminal Court’s summary dismissal of his post-conviction petition. He argues that the post-conviction court erred in dismissing his petition without first appointing counsel because his petition presented a colorable claim for relief and the issues were not previously determined. Upon review of the entire record, the briefs of the parties, and the applicable law, we conclude that the trial court erred in dismissing the petition as it stated a colorable claim and warranted the appointment of counsel. Thus, we reverse the order of summary dismissal and remand the case for further proceedings pursuant to the Post-Conviction Procedure Act.

Rob McGuire inherited the role of acting U.S. attorney for the Middle District of Tennessee through a series of events he says he never anticipated. Henry Leventis, who led the office for nearly two years, announced last September that he would resign ahead of the presidential election. Tom Jaworski took over as the district’s acting U.S. attorney and asked McGuire to be his deputy. A few months later, Jaworski announced his own departure and McGuire took the helm of the office. “Here I am, kind of the accidental acting U.S. attorney,” McGuire told the Nashville Banner. But he has no plans to remain in the role. McGuire says he wants to get back to spending more of his time in the courtroom. “If you are a presidentially appointed, Senate-confirmed U.S. attorney, it’s a four-year term, it’s at the pleasure of the president, and then when it’s over, you have to leave the Department of Justice. I don’t want to leave the Department of Justice.”

Judges continue to rule on Biden administration policies. Last week, a federal judge in Texas allowed a rule to take effect that permits retirement plans to consider “Environmental, Social and Governance” (ESG) factors as a “tie breaker” between equally valid options when making investment decisions. The decision came after the 5th U.S. Circuit Court of Appeals sent the case back to the trial court with instructions to consider the impact of the U.S. Supreme Court’s ruling overturning the Chevron doctrine. National Law Review has more on the decision. Tennessee Attorney General Jonathan Skrmetti, in partnership with 24 other state attorneys general, had sued over the rule in 2023. In another case, a federal rule barring discrimination based on sexual orientation and gender identity in federally funded schools was struck down. The judge in that case said the Education Department exceeded its authority when it crafted the rule interpreting Title IX. Bloomberg Law reports on that finding. Skrmetti had sued over that rule as well. Finally, the 8th U.S. Circuit Court of Appeals has blocked Biden's student debt relief plan, Reuters reports.

Following a mechanical failure, an employee parked his tractor-trailer on the shoulder of an interstate highway. As result of delays in the repair of the tractor-trailer, the vehicle had been on the shoulder for at least seven hours when a driver crashed into the parked tractor-trailer. Two of the driver’s passengers, the driver’s son and his son’s fiancée, died. The estates of the deceased and their shared minor child (the Plaintiffs) filed a tort suit against the driver and also against the driver of the tractor-trailer and his trucking company employer. The trial court granted summary judgment to the defendant tractor- trailer driver and his employer. In doing this, the trial court based its decision upon what it termed a special rule of Tennessee tort law called the Carney Rule, a reference to this court’s decision in Carney v. Goodman, 270 S.W.2d 572 (Tenn. Ct. App. 1954). In reaching this conclusion, the trial court relied upon an understanding of the Carney decision set forth in several federal court decisions. The Plaintiffs argue the trial court erred in its application of the Carney Rule. We agree and reverse the trial court’s decision, remanding for further proceedings.

Tennessee Attorney General Jonathan Skrmetti this week led a 38-state and territory bipartisan coalition requesting that the Food and Drug Administration (FDA) take swift action against bad actors who are endangering consumers with counterfeit and unsafe forms of the GLP-1 weight loss and diabetes drugs Ozempic, Wegovy, Mounjaro and Zepbound. The group is asking the FDA to lead efforts to safeguard the American supply chain and to work with other federal and state agencies to stop bad actors from producing counterfeit drugs. Read more in a news release from the attorney general office, read the full letter or view Tennessee’s GLP-1 warning.

Make plans now to join the TBA for a CLE like no other! The Murder Mystery CLE, set for May 16, is a unique opportunity that will allow participants to step into the roaring 1920s and unravel the mystery of J.W. Hanks’ untimely demise. Was Hanks’ killer his employee, his doctor, his wife, his mistress, his best friend or someone else he trusted? Using Tennessee’s latest criminal laws to uncover crucial clues, teams will spend the afternoon immersed in this unforgettable blend of education and entertainment with guidance from Lincoln Memorial University Duncan School of Law professors Sydney Beckman and Melanie Reid. The event, which includes lunch, will take place from noon to 4 p.m. CDT at the Nashville Public Library. Members of the Criminal Justice Section save on registration. Not a section member yet? Join here.

The Morning Pointe Foundation, the philanthropic arm of Ooltewah-based assisted living provider Morning Pointe Senior Living, will offer a free event for caregivers on March 11. The event, "How to Make Tough Decisions for Your Aging Loved One," will feature a panel of experts including CELA attorney and TBA Elder Law Section Executive Council Delegate Glen Kyle answering questions regarding financial planning, Medicaid and Medicare, and veterans’ benefits. Tickets are not required, and light refreshments will be provided. Learn more here.

This year’s Elder Law Basics forum will take place virtually on April 10. Designed for attorneys new to this practice area, the program will provide essential information on conservatorships and GAL reports, TennCare debt and estate recovery, powers of attorney, VA benefits and ethics. Register here.

The Elder Law Forum will take place in-person July 25 at a to-be-determined location. This annual staple provides insight from top professionals while allowing attendees to meet with other lawyers in the practice area. Topics will include Medicaid and TennCare, undue influence, office systems and AI, VA benefits, ethics and much more. More information coming soon.