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Posted by: Karen Belcher on Sep 6, 2019

THAPAR, Circuit Judge. Federal courts are not in the business of answering hypothetical questions. Let alone hypothetical questions of constitutional law. In this case, the district court held that Tennessee law was preempted. But in doing so, the court skipped past the question whether state law had been violated in the first place. Under well-established principles of constitutional avoidance, we decline to address the hypothetical presented by this appeal. Accordingly, we vacate the district court’s judgment.

Posted by: Karen Belcher on Sep 6, 2019

LARSEN, Circuit Judge. Over the course of more than four years, Monique Ellis submitted hundreds of false tax returns to the IRS using stolen identities, and she received hundreds of thousands of dollars in fraudulent refunds. When the IRS caught on to Ellis’s scheme, she was indicted on eight counts of wire fraud and eight counts of aggravated identity theft. A jury convicted her on all counts.

Posted by: Karen Belcher on Sep 6, 2019

ROGERS, Circuit Judge. In 1968, the Board of County Commissioners of Hamilton County, Ohio and the City of Cincinnati consolidated their sewer districts into a single sewer system and entered an agreement providing that the City would manage the sewer system’s operations, subject to County oversight, for a period of fifty years. After the City indicated that it planned to unilaterally withdraw from the agreement in 2018, the Board sought intervention from the district court.

Posted by: Karen Belcher on Sep 6, 2019

After father engaged in abusive conduct, mother petitioned for an order of protection. The trial court granted an ex parte order precluding father from contacting mother and their two minor children and set a hearing. Following a bench trial, the trial court held that the minor children were domestic abuse and sexual assault victims; it extended the order of protection for one year. The court permitted father supervised visitation with his biological daughter once every other week, and awarded mother child support.

Posted by: Karen Belcher on Sep 6, 2019

The Department of Health reprimanded and issued civil penalties against a physician assistant for prescribing controlled substances under the supervision of a physician who lacked DEA registration, failing to register with the Controlled Substances Monitoring Database (“CSMD”), and failing to check the database prior to prescribing controlled substances. On a petition for review, the chancery court reversed the Department’s decision.

Posted by: Karen Belcher on Sep 6, 2019

The plaintiff, who is now an adult, filed this action against Austin Davis seeking compensatory and punitive damages for intentional invasion of privacy and defamation. The plaintiff also sought to enjoin Mr. Davis from further intrusion into her private life by posting to social media statements regarding her childhood sexual molestation as well as the private details of her life and childhood. After two years of Mr.

Posted by: Karen Belcher on Sep 6, 2019

The plaintiffs/appellants filed a notice of appeal from the trial court’s order dismissing one of the plaintiffs’ claims as to all of the defendants and all of the claims as to one of the defendants. The defendants/appellees responded to the notice of appeal by filing a motion to dismiss this appeal as premature and not subject to a final appealable order of the trial court. Because the trial court has not yet resolved all the claims between all the parties, we dismiss the appeal for lack of a final judgment.

Posted by: Karen Belcher on Sep 6, 2019

The plaintiff filed a premises liability action against a premises owner alleging that the premises owner was liable for injuries the plaintiff sustained after falling down a staircase located on the premises owner’s property. The trial court denied the premises owner’s motion for summary judgment but granted permission to pursue an interlocutory appeal. Because the plaintiff failed to present sufficient evidence of an essential element of his claim, we reverse the decision of the trial court.

Posted by: Karen Belcher on Sep 6, 2019

The plaintiff filed a premises liability action against a premises owner alleging that the premises owner was liable for injuries the plaintiff sustained after falling down a staircase located on the premises owner’s property. The trial court denied the premises owner’s motion for summary judgment but granted permission to pursue an interlocutory appeal. Because the plaintiff failed to present sufficient evidence of an essential element of his claim, we reverse the decision of the trial court.

Posted by: Karen Belcher on Sep 6, 2019

This appeal arises from a post-divorce dispute over child custody wherein the father filed a petition to modify the permanent parenting plan. Following a hearing in October 2017, the Trial Court found that a material change in circumstance existed and implemented a temporary parenting plan, determining that plan to be in the child’s best interest. Thereafter in April 2018, the Trial Court converted that temporary parenting plan into a permanent parenting plan upon its determination that the temporary plan appeared to be working satisfactorily. Mother appeals to this Court.


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