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Posted by: Stacey Shrader Joslin on Jun 14, 2022

RONALD LEE GILMAN, Circuit Judge. This consolidated action involves a group of individuals (Plaintiffs) who worked, or had spouses or next of kin who worked, on the Tennessee Valley Authority’s (TVA’s) coal-ash cleanup, removal, and recovery project at the Kingston Fossil Fuel Plant (the Plant) in Roane County, Tennessee. Plaintiffs sued Jacobs Engineering Group, Inc. (Jacobs)—an entity that has served as the TVA’s prime contractor for the coal-ash cleanup since February 2009—for numerous common-law torts. None of the Plaintiffs were employees of Jacobs; they instead worked for various subcontractors.

After this court reversed and remanded the district court’s initial decision to dismiss the case for lack of jurisdiction, the district court bifurcated the case and proceeded with Phase I to determine whether Jacobs should be held generally liable to Plaintiffs. A jury found that Jacobs had a duty to Plaintiffs, that Jacobs breached that duty, and that Jacobs’s actions were a potential cause of Plaintiffs’ alleged injuries. Phase II, which has not yet occurred, is intended to assess specific causation with respect to individual Plaintiffs and the extent to which they are entitled to damages.

Both before and after Phase I of the trial, Jacobs filed motions seeking derivative immunity from suit based on its status as a government contractor. The district court denied Jacobs’s motions. Jacobs subsequently filed yet another motion seeking derivative immunity based on what it claimed were intervening changes in the applicable law. The district court construed the motion as one for reconsideration under Rule 54(b) of the Federal Rules of Civil Procedure. It again denied Jacobs’s motion. This interlocutory appeal concerning Jacobs’s alleged immunity followed. For the reasons set forth below, we AFFIRM the district court’s denial of derivative contractor immunity.

Posted by: Stacey Shrader Joslin on Jun 14, 2022

SUTTON, Chief Judge. At stake is whether the district court correctly refused to certify a class of owners of foreclosed properties in Cuyahoga County, Ohio, all of whom challenge Ohio’s tax-foreclosure statute as a taking under the federal and state constitutions. While the claimants share a common legal theory—that the targeted Ohio law does not permit them to capture equity in their properties after the county transfers them to a land bank—they do not have a cognizable common theory for measuring the value in each property at the time of transfer. We affirm.

Posted by: Stacey Shrader Joslin on Jun 14, 2022

THAPAR, Circuit Judge. When Gene Bell was pulled over, the police officer asked for his license, registration, and insurance, as officers commonly do. But Bell refused. Instead, he demanded to know why the officer had pulled him over. Yet the officer wanted Bell’s information first. After a tense stand-off, officers pulled Bell out of his vehicle, wrestled him to the ground, and tased him. Bell contends that the officers violated the Fourth Amendment’s bar against excessive force. The district court denied the officers qualified immunity, and they appealed. We dismiss in part, reverse in part, and remand.

Posted by: Stacey Shrader Joslin on Jun 14, 2022

Defendant, Kacy Rose, appeals from the revocation of his probationary sentence. On appeal, Defendant argues that (1) the trial court abused its discretion in failing to consider a potential conflict of interest, (2) the trial court erred in denying his motion to correct a clerical error in the order revoking Defendant’s probation, and (3) his right to a speedy trial was violated. Following our review of the record and briefs, we affirm the judgment of the trial court.

Posted by: Stacey Shrader Joslin on Jun 14, 2022

The Petitioner, Casey Colbert, appeals the denial of post-conviction relief from his convictions for first degree felony murder and attempted aggravated robbery, alleging that he received ineffective assistance of counsel and that the State committed prosecutorial misconduct depriving him of his right to a fair trial. After review, we affirm the judgment of the post-conviction court.

Posted by: Stacey Shrader Joslin on Jun 14, 2022

The Petitioner, George Campbell, Jr., acting pro se, appeals the Shelby County Criminal Court’s summary dismissal of his second petition for habeas corpus relief. We affirm.

Posted by: Stacey Shrader Joslin on Jun 14, 2022

In this appeal, the parties have stipulated that the trial court erred in awarding the appellee attorney’s fees incurred in an earlier appeal under Tennessee Code Annotated section 20- 12-119(c)(1). So we reverse.

Posted by: Stacey Shrader Joslin on Jun 14, 2022

The employee alleged he sustained a compensable aggravation of a preexisting condition while working as a banquet server for the employer. Following an expedited hearing, the trial court denied the employee’s request for benefits after concluding the employee had not presented sufficient proof such that the trial court could conclude he would likely prevail at a compensation hearing. That decision was not appealed, and the parties proceeded to trial. Following a compensation hearing, the trial court found that the employee had failed to meet his burden of proving by a preponderance of the evidence that his current condition or need for medical treatment were primarily caused by the employment. The employee has appealed. Having carefully reviewed the record, we affirm the trial court’s decision and certify the trial court’s order as final.

Posted by: Stacey Shrader Joslin on Jun 10, 2022

Memphis Area Legal Services has relaunched its Attorney of the Day Legal Advice Clinic to be held the first and third Thursdays of the month. The clinics will be held in the Probate Room at the Shelby County General Sessions Civil Courthouse beginning at 1 p.m. CDT. Clients should have an active or post-judgment General Sessions case to receive assistance. For more information or to volunteer email Constance Brown, or call 901-523-8822.

Posted by: Stacey Shrader Joslin on Jun 10, 2022

The Knoxville Bar Association announced this week that it will seek its members’ input on whether they support retaining the justices of the Tennessee Supreme Court and judges on the Court of Appeals and Court of Criminal Appeals. The Appellate Court Retention Election Candidate Member Survey will be released June 13 with responses due on June 27. The KBA notes that the survey is voluntary and does not represent a scientific sampling of members. Tennesseans will vote on whether to retain these jurists on Aug. 4. The KBA says it provides feedback from lawyers to help voters assess those on the ballot and make wise choices in the elections.


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