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Posted by: Tanja Trezise on Sep 25, 2019

JOHN K. BUSH, Circuit Judge. This case requires us to determine, as a matter of first impression, whether the statute of limitations of Title VII of the Civil Rights Act of 1964, codified at 42 U.S.C. §§ 2000e et seq., may be contractually shortened for litigation. Barbrie Logan worked as a cook for MGM Grand Detroit Casino (“MGM”). As part of her job application, she agreed to a six-month limitation period to bring any lawsuit against her employer. After leaving the job, she sued MGM under Title VII, alleging employment discrimination.

Posted by: Tanja Trezise on Sep 25, 2019

JANE B. STRANCH, Circuit Judge. Jonathan French created pro-union flyers and asked a union organizer to distribute them at his workplace, Charter Communications, Inc. (Charter or the Company). Three months later, Charter fired French and two of his colleagues, James DeBeau and Raymond Schoof. In the intervening period, all three employees were temporarily reassigned to more isolated regions, and Charter supervisors watched French closely, warned him that the Company was aware of his undisclosed pro-union activities, and threatened him with discharge.

Posted by: Tanja Trezise on Sep 25, 2019

This is an interlocutory appeal as of right, pursuant to Tennessee Supreme Court Rule 10B, from the trial court’s denial of a motion for judicial recusal filed by the wife during the course of the parties’ divorce proceedings. Having determined that the trial court made insufficient findings in denying the motion as required by Section 1.03 of Rule 10B, we vacate the trial court’s order denying wife’s motion to recuse—as well as any other orders entered subsequent to the filing of Wife’s recusal motion—and remand for further proceedings consistent with this opinion.

Posted by: Tanja Trezise on Sep 25, 2019

In this post-divorce dispute, Father petitioned to modify custody, and Mother filed a counter-petition to modify child support. At trial, both parents agreed to specific modifications to the parenting plan and to set child support according to the Child Support Guidelines. But they could not agree on a location for exchanging the children. After hearing limited testimony from the parents, the court chose an exchange location, set child support, and approved the agreed parenting plan. Unhappy with aspects of the new plan, Father filed a motion to alter or amend or for a new trial.

Posted by: Tanja Trezise on Sep 25, 2019

Richard Moser (“Employee”) worked for Hara, Inc. d/b/a Hot Shot Delivery (“Employer”) as a truck driver. Employee filed this action against Employer and its workers’ compensation insurance carrier, Auto-Owners Insurance Company, alleging that he sustained a compensable injury in August 2013, when he attempted to pull a duffel bag out of his truck. Employer asserts that the injury occurred in August 2014, when Employee used a crank to lower the landing gear on a trailer.

Posted by: Tanja Trezise on Sep 24, 2019

A Shelby County jury convicted the Petitioner, Isaac Scott, of first degree premeditated murder, for which the Petitioner received an automatic life sentence. The Petitioner appealed, and this court affirmed the conviction and sentence. See State v Isaac Scott, No. W2005-02902-CCA-R3-CD, 2006 WL 3837243 (Tenn. Crim. App., at Jackson, Dec. 28, 2006), perm. app. denied (Tenn. April 30, 2007). The Petitioner then filed a postconviction petition, claiming he received the ineffective assistance of counsel and, following a hearing, the post-conviction court denied relief.

Posted by: Tanja Trezise on Sep 24, 2019

The defendant, Christopher Ogle, appeals the order of the trial court revoking his probation and ordering him to serve his original five-year sentence in confinement. Upon review of the record, we conclude the trial court did not abuse its discretion in finding the defendant violated the terms of his probation, and the imposed sentence is proper. Accordingly, the judgment of the trial court is affirmed.

Posted by: Tanja Trezise on Sep 24, 2019

In this divorce appeal, Wife argues that the trial court erred in dividing the equity in the marital home and in calculating her net award. We find no error in the trial court’s division of the equity in the marital home, but we have determined that the court erred in its calculation of the net award by crediting the marital debt against Wife twice. We, therefore, affirm in part and reverse in part.

Posted by: Tanja Trezise on Sep 24, 2019

SUTTON, Circuit Judge. Faced with financial challenges and rising unpaid bills, the individual has two legal options: shed the debts through the humbling act of filing for bankruptcy or find a new source of assets. Randall Beane, with Heather Tucci-Jarraf’s assistance, tried to find a new source of assets: an alleged trust fund of government money in his name. But the money was not his, and along the way the two of them defrauded the United States of $31 million.

Posted by: Tanja Trezise on Sep 24, 2019

GRIFFIN, Circuit Judge. Petitioner Ozburn-Hessey Logistics, LLC (“OHL”) and the National Labor Relations Board (“NLRB” or “Board”) have what can only be described as “a long and acrimonious history,” during which OHL has engaged in a multitude of unfair labor practices and anti-union activity. McKinney v. Ozburn-Hessey Logistics, LLC, 875 F.3d 333, 336 (6th Cir. 2017).


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