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VANDERBILT RANKED
OCTOBER 24, 2024 | VOLUME 36 | NUMBER 42
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Cheekwood, Swan Ball group reach settlement
Agreement details between parties engaged in legal battle over trademark unclear WILLIAM WILLIAMS
Dr. Laura Andreson addresses protesters and reporters outside of the Justice A. A. Birch Building, August 2022. PHOTO: HAMILTON MATTHEW MASTERS
Following lawsuit, Tennessee can provide abortions in medical emergencies Chancery court ruling adds several carve-outs for health of mother NICOLLE S. PRAINO Tennessee doctors who provide abortions during a medical emergency to protect the life of the mother will not be punished, a three-judge panel ruled on Thursday in Davidson County Chancery Court. The judges determined that an abortion is permitted in the following conditions: premature rupture of the amniotic sac that surrounds the fetus; fatal fetal diagnoses that result in severe preeclampsia or mirror syndrome associated with fetal hydrops;
and fatal fetal diagnoses leading to an infection that will result in uterine rupture or potential loss of fertility, in addition to inevitable abortions. “This lack of clarity is evidenced by the confusion and lack of consensus within the Tennessee medical community on the circumstances requiring necessary healthand life-saving abortion care,” the ruling states. “The evidence presented underscores how serious, difficult, and complex these
issues are and raises significant questions as to whether the medical necessity exception is sufficiently narrow to serve a compelling state interest.” Under the ruling, physicians will not face disciplinary actions from the Tennessee Attorney General’s office and the Tennessee Board of Medical Examiners. However, the chancery court does not have the jurisdiction to block the criminal statute under which physicians could face a felony >> PAGE 2
Cheekwood Botanical Garden and Museum of Art and SB Initiative Inc. are finalizing an agreement to resolve their months-long legal battle. According to a document filed in the federal court overseen by U.S. District Judge Eli Richardson, the two parties late Monday submitted a joint notice of settlement, in which they state that they have reached an agreement in principle related to the ownership of the annual Swan Ball event’s trademark. Relatedly, U.S. Magistrate Judge Barbara Holmes has agreed to cancel a court hearing scheduled for Oct. 18 and related to the case’s preliminary injunction motion. Holmes has given the two parties a Nov. 15 deadline to either file to dismiss the case or to update the court on progress related to the settlement. Attorneys for both Cheekwood and SBI submitted a joint statement to Richardson on Oct. 14, with the minute entry for proceedings related to the effort referencing a 10.5-hour mediation that resulted in a “settlement in principle.” However, the court document referencing that settlement is unclear as to details. The move comes after Richardson in September explained his ruling that SBI, which oversees the Swan Ball, had to date “provided sufficient evidence” of its claim to ownership of the annual event’s trademark. Cheekwood contends it established and has owned the Swan Ball since 1963, when the gala was first held on the nonprofit’s Swan Lawn. Relatedly, Cheekwood claims >> PAGE 2 it has owned the Tennessee
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