Tort

Woman Reportedly Raped by a Chattanooga Police Officer Alleges Fourth Amendment Violations, Coverup

Attorneys representing a woman in a lawsuit against the city of Chattanooga who alleges former Chattanooga police officer Desmond Logan raped her filed an amended complaint on Wednesday alleging a coverup and Fourth Amendment violations, the Chattanooga Times Free Press reports. The updated filing contends that Logan has a history of “inappropriate sexual misconduct, including a previous rape incident” and that Chattanooga Assistant Police Chief Edwin McPherson conspired with retired Capt. Pedro Bacon to suppress records of that misconduct. At least three women maintain that they were raped by Logan since he began his law enforcement career in 2015. The city has not filed a response to the complaint and has declined to comment on the matter.

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CHS Faces Class Action Alleging Securities Exchange Act Violations

A class action lawsuit has been filed against Tennessee-based hospital operator Community Health Systems Inc. (CHS) alleging the company made materially false statements and failed to disclose unfavorable business dealings to investors. The suit, filed by New York-based law firm Bragar Eagel & Squire PC, maintains that by negating or misrepresenting certain facts, CHS inflated its net operating revenue to increase stock valuation. The complaint, filed in U.S. District Court for the Middle District of Tennessee, can be viewed here.

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U.S. Supreme Court Issues Decision Regarding Application of CAFA

The U.S. Supreme Court on Tuesday handed down a 5-4 decision in the case of Home Depot v. Jackson regarding application of the Class Action Fairness Act (CAFA) and an alleged scam by the company in cooperation with Citibank, and Carolina Water Systems Inc. (CWSI) over questionable credit lines used to push water purification systems. One customer who purchased the system, George W. Jackson, was sued by Citibank for unpaid debt. Jackson then filed a counterclaim against Citibank asserting class-action consumer-protection claims, further naming Home Depot and CWSI as respondents. Citibank then tried to remove the case to federal court citing the CAFA, when the lower courts and the Fourth Circuit held that a party named in a counterclaim is not a “defendant” that is entitled to remove the case under the law. Justice Thomas joined with Justices Ginsburg, Breyer, Sotomayor and Kagan to form the majority in affirming the Fourth Circuit judgment.

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Man Mauled by Emotional Support Dog Sues Owner, Airline

A Delta Air Lines passenger who was attacked by another traveler’s emotional support dog is now suing both the owner and the airline, the Atlanta Journal Constitution reports. In the complaint, Marlin Jackson alleges that the dog pinned him against the plane’s window and viciously mauled his face, necessitating 28 stitches and causing permanent injury and loss of sensation in his face. Following the attack, Delta changed its support animal policy and now requires a “confirmation of animal training” form and other documents. Jackson asks restitution for “severe physical pain and suffering,” emotional distress and mental anguish, loss of income or earning potential, and substantial medical bills. Delta did not comment on the lawsuit.

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Brentwood Based Assisted-Living Conglomerate Sued by Residents

The nation’s largest assisted-living provider, Brentwood-based Brookdale Senior Living Inc., is being sued by eight disabled and elderly residents who claim the company is responsible for financial abuse and violations of the Americans with Disabilities Act, The Mercury News reports. The plaintiffs maintain in the complaint that the organization failed to provide services listed in its initial agreement and fostered “humiliating, frustrating and hazardous situations on a daily basis.” The provider is no stranger to the courtroom, being party to numerous lawsuits over the years, including one case in which an elderly resident was killed by an alligator. The lawsuit will seek class-action status for the estimated 5,000 residents in Brookdale facilities throughout California.

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Man Sues Rutherford County Adult Detention Center After Fall From Bunk

A man who is paralyzed after falling off the top bunk while incarcerated in the Rutherford County Adult Detention Center is now suing the institution for negligence, The Daily News Journal reports. Nicholas Parks maintains that jail staff made him sleep on the top bunk despite his protestations and detailed medical history. Court filings show that Rutherford County plans to ask for dismissal of the lawsuit. Parks’ attorney, Tommy Santel, did not return the paper’s request for comment.

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Legal Battle Over Toxic Waste in Tennessee Town Heats Up

A rural community in west Tennessee continues its fight against a waste management company regarding a toxic substance that has polluted area water sources and devastated local vegetation, USA Today reports. In 1999, the town of Bath Springs contracted North Carolina corporation Waste Industries to assume operations of its landfill that was used for local waste in Decatur County. Subsequently, under new management, the landfill began to accept “special waste” characterized as being "difficult or dangerous" to contain, which is more profitable than household trash but when exposed to elements excretes an ooze called leachate that finds its way into the soil and ultimately the water supply. Waste Industries later announced plans to abandon the landfill and sued the county, maintaining the municipality was derelict in its responsibilities to “to provide for the disposal and treatment of the leachate” and is in breach of the initial agreement. The county filed its own lawsuit against Waste Industries, alleging violations of federal clean air and water acts. The lawsuit against the county is scheduled for a status conference on May 10 in Tennessee Western District Court, Judge S. Thomas Anderson presiding.

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Family Considers Lawsuit Regarding Man's Death in Lincoln Co. Jail

The state medical examiner’s office has ruled the manner of death for the man who died after a fight with guards at the Lincoln County Jail a homicide, the Elk Valley Times reports. William Barnard Hawk died from traumatic asphyxia — suffocation by intense compression of the chest — last September and was taken to Vanderbilt Medical Center where it was documented that Hawk suffered from head trauma, facial injuries and a broken nose because of the incident. No charges have yet been filed regarding Hawk’s death, however, the lawyer who is representing Hawk’s daughter said that they are considering filing a wrongful death and civil rights violations lawsuit.

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Pain Management Conglomerate with Tennessee Clinics Facing Several Lawsuits

A pain management conglomerate with clinics in Tennessee, North Carolina and South Carolina that was raided late last year by the FBI is now facing several lawsuits, The Charlotte Observer reports. Investigators say that the Pain Management Associates of the Carolinas liberally dispensed unnecessary opioids to patients without proper evaluation, with a former employee going further, accusing the company of completing the evaluations as a “mere formality” and that it would see patients for just a couple minutes, then bill Medicare at a higher rate. The company also goes by FirstChoice Healthcare and Oaktree Medical Centre.

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Man Accuses Chattanooga Police Department of a Cover-Up Regarding Beating

A lawsuit was filed in Hamilton County Circuit Court on Monday accusing the Chattanooga Police Department of a cover-up regarding the beating of a man last year during a traffic stop, the Chattanooga Times Free Press reports. Benjamin Piazza pulled over Fredrico Wolfe for speeding and said that Wolfe tossed bags of drugs from his car, then struggled as he was being arrested. Wolfe’s attorney, Robin Flores, maintains that footage of the incident does not match Piazza's story, stating that "in his attempt to cover-up his criminal and unconstitutional conduct, later wrote false claims in an affidavit of complaint, which he swore under oath, in order to bring [now-dismissed] charges against the plaintiff,” and that the department suppressed knowledge of body camera footage on the incident. City Attorney Phil Noblett told the paper that he had been served a copy of the complaint this week but had not yet read the claims. The plaintiff is seeking $3 million in damages

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