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Posted by: Tanja Trezise on Aug 17, 2023

KAREN NELSON MOORE, Circuit Judge. Defendant LG Chem, Ltd. (“LG Chem”) manufactured the LG HG2 18650 lithium-ion batteries that exploded in Plaintiff Michael Sullivan’s pocket and caused him severe second- and third-degree burns. Sullivan seeks to hold LG Chem liable for his injuries. Sullivan obtained these batteries from a vape store in Michigan to use for his e-cigarette device. But LG Chem, a South Korean company, vigorously opposes personal jurisdiction. It argues that exercising personal jurisdiction over it in Michigan would be improper under both Michigan’s long-arm statute and the Due Process Clause because, not only has LG Chem never sold the 18650 batteries to this Michigan vape store, but also it has never sold its 18650 batteries for individual consumer use in Michigan. We conclude that LG Chem urges too narrow a view of personal jurisdiction. The district court sitting in Michigan may properly exercise personal jurisdiction over LG Chem because it directly shipped its 18650 batteries into the State of Michigan and entered into two supplier contracts with Michigan companies for 18650 batteries. Accordingly, we REVERSE the judgment of the district court and REMAND for further proceedings.

Posted by: Tanja Trezise on Aug 17, 2023

The appeal is dismissed due to the fact that Appellant’s brief wholly fails to comply with Tennessee Rule of Appellate Procedure 27(a). In addition, there is no transcript or Tennessee Rule of Appellate Procedure 24(c) statement of the evidence, thus negating this Court’s ability to review the trial court’s substantive findings.

Posted by: Paul Burch on Aug 17, 2023

A federal appellate panel unanimously ruled today that a lawsuit filed by the families of victims of the 2016 fire in the Great Smoky Mountains National Park can proceed, reports Knox News. The ruling overturned last year's district court decision that tossed out the lawsuit over the omission of specific language concerning the National Park Service’s responsibilities to warn the surrounding community in the event of an out-of-control fire. The blaze, which left 14 dead, overran firebreaks and burned large parts of Gatlinburg. A previous story in Knox News reported that park officials were aware that high winds posed a danger to spreading the blaze but failed to notify city or county officials in time.

Posted by: Tanja Trezise on Aug 17, 2023

HELENE N. WHITE, Circuit Judge. Plaintiffs-Appellants appeal the dismissal of their claims under the Federal Torts Claims Act (FTCA) for damages caused by the National Park Service’s failure to warn of an uncontrolled wildfire (“Fire”) that escaped from Great Smoky Mountains National Park (the “Park”). They appeal the denial of their motion to alter or amend the judgment under Federal Rule of Civil Procedure 59 as well. We vacate and remand.

Posted by: Tanja Trezise on Aug 17, 2023

The Petitioner, Joseph Langlinais, appeals from the denial of his petition seeking postconviction relief from his convictions of rape of a child, aggravated sexual battery, and attempted rape of a child, for which he received an effective sentence of twenty-eight years in prison. State v. Joseph Langlinais, No. W2016-01686-CCA-R3-CD, 2018 WL 1151951 (Tenn. Crim. App. Mar. 2, 2018), perm. app. denied (Tenn. July 19, 2018). In this appeal, the Petitioner argues (1) that the post-conviction court deprived this court of meaningful appellate review because it failed to consider certain issues as raised in his petition and failed to provide sufficient findings of fact in its order denying relief; (2) that the Petitioner was deprived of his Sixth Amendment right to the effective assistance of counsel under United States v. Cronic, 466 U.S. 648, 658, 104 S. Ct. 2039 (1984), or alternatively, Strickland v. Washington, 466 U.S. 668, 687, 104 S. Ct. 2052 (1984); (3) that trial counsel was ineffective based on eighteen separate grounds; and (4) that the cumulative effect of trial counsel’s deficiencies entitles him to relief. After a thorough review of the record, we conclude that the aggregate effect of trial counsel’s deficiencies requires a new trial. Accordingly, we reverse the order of the post-conviction court, vacate the Petitioner’s convictions, and remand for a new trial.

Posted by: Tanja Trezise on Aug 17, 2023

This is an action for defamation, false light invasion of privacy, and damages under the Tennessee Educator’s Protection Act. The plaintiff alleged that the defendants falsely accused him of being a “sexual predator” and “pedophile” who sexually harassed his female high school students. The defendants responded to the complaint by filing petitions to dismiss the action under the Tennessee Public Participation Act. The trial court held that the plaintiff failed to establish a prima facie case for each of his claims and dismissed the action. This appeal followed. We affirm.

Posted by: Paul Burch on Aug 17, 2023

Sens. Ed Markey, D-Mass., and Marsha Blackburn, R-Tenn., today asked the Federal Trade Commission to investigate YouTube into possible violations of tracking and targeting children on its channels, reports The Hill. The bipartisan bill followed the release of a report from Adalytics, an ad quality and transparency platform, that YouTube set “long-lasting cookies” that allowed ad targeting and tracking on browsers of YouTube videos labeled for children. The report found that brand websites were harvesting and sharing metadata from viewers with data brokers.

Posted by: Paul Burch on Aug 17, 2023

Grand jurors who voted to indict former President Trump in Georgia on Monday are facing threats after their names were listed publicly within the indictment as required under Georgia law, reports The Hill. A review of social media platforms and far-right forums found users posting numerous racial slurs and the jurors’ addresses. On Tuesday, a Texas woman was arrested after threatening to kill a Democratic member of Congress and U.S. District Judge Tanya Chutkan, the judge overseeing a criminal case against Trump. Chutkan warned Trump’s lawyers that his defense should be mounted in the courtroom and “not on the internet.”

Posted by: Jarod Word on Aug 17, 2023

The TBA would like to thank the Environmental Law Section Executive Council for its hard work and dedication in providing our organization’s members essential, substantive continuing legal education programs on environmental law.

Section Chair: Katherine Barnes, Butler Snow, Middle Tennessee
Immediate Past Chair: Courtney Keehan, Chambliss Bahner & Stophel, East Tennessee

Delegates:
Ashley Strittmatter, Baker Donelson Bearman Caldwell & Berkowitz, East Tennessee
David Higney, Grant Konvalinka & Harrison, East Tennessee
G. Scott Thomas, Bass Berry & Sims, Middle Tennessee
Jaz Boon, Section Chair, Bridgestone Americas, Middle Tennessee
Jennifer Brundige, Tennessee Valley Authority, East Tennessee
Jenny Howard, Tennessee Deptartment of Environment & Conservation, Middle Tennessee
Jim Lenschau, Wyatt Tarrant & Combs, West Tennessee
Rachel Bowen, Penn Stuart & Eskridge, East Tennessee
Randy Womack, Glankler Brown, West Tennessee

Posted by: Jarod Word on Aug 17, 2023

This year has been a busy one for the TBA Environmental Law Section, which provides a wealth of opportunities for the organization's members to learn about advancements in the practice area. The section was integral in assembling the legal track agenda for the Tennessee Environmental Network Show of the South, the largest, most diverse environmental education opportunity in the state. The group also sponsored a commissioner’s reception for Tennessee Department of Environment & Conservation Commissioner David Salyers at the event.

The section sponsored its annual Jon E. Hastings Memorial Award writing competition, held in memory of one of the section's founding members. The writing competition is an opportunity for currently enrolled Tennessee law school students to submit an essay on environmental law concerns, with a jury comprised of members from the section’s executive council awarding cash prizes to the winning and runner up entries. All essays submitted for the competition are published on the TBA website.

The Environmental Law Section Executive Council is now planning its annual forum, which will take place December 1 in the Nashville office of Baker Donelson. Topics for this year’s forum include solid waste landfills, the Clean Water Act, ethics for environmental lawyers and more. “I’m proud of the work the TBA Environmental Law Section and its executive council does throughout the year,” said TBA Environmental Law Section Chair Katherine Barnes. “The events and learning opportunities sponsored by our section are integral in ensuring lawyers have the information they need to remain at the forefront of this impactful practice. I look forward to, and hope to see you, at our forum in December.”


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