Brenda Gossett sued Carmike Cinemas on a negligence theory claiming that her son Tyler was injured by a theater worker claiming that in 2007 states Tyler Gossett was 15 years old when he was injured by a 17-year-old employee of Carmike Cinemas. Gossett, who is 17 now, was put into a "sleeper hold" by the cinema employee which caused him "to pass out and to fall face-first onto the concrete floor c... More...   $500000 (11-15-2008 - TN)

Plaintiff Ramona Hillman appeals the district court’s sua sponte dismissal of her claims against her former employer, Shelby County Government.

Hillman alleges retaliation in violation of Title VII of the Civil Rights Act of 1964. 42 U.S.C. § 2000e. The district court dismissed her claim after determining that they were barred by issue preclusion because a state agency had previously rul... More...   $0 (10-16-2008 - TN)

Plaintiff, Christina Howington, appeals the decision of the district court granting summary judgment to Defendants Quality Restaurant Concepts, LLC (“QRC”) and Tyler Kirk with respect to Plaintiff’s sexual harassment and retaliation claims under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., and the Tennessee Human Rights Act (“THRA”), Tenn. Code Ann. § 4-21-101 ... More...   $0 (10-20-2008 - TN)

Mike Taylor sued the City of Gatinburg on a civil rights violation theory, 42 U.S.C. 2000e, claiming that he was discriminated against by the City when it refused to let him test for fire chief and retaliated against him when the complained. Plaintiff claimed that city officials unfairly passed him over for the chief's post in 2005 as punishment for an overtime lawsuit he and nine other firefight... More...   $10000 (10-18-2008 - TN)

The Justice Department filed a lawsuit today in federal district court in Nashville, Tenn., against Murphy Development, LLC, for failing to provide required accessible features for persons with disabilities at seven Nashville-area multi-family housing developments with more than 375 covered ground floor units.

"The Fair Housing Act requires multi-family housing to be accessible to and usabl... More...   $0 (09-29-2008 - TN)

The only issue on this appeal is whether the complaint of a woman who succumbed to mesothelioma should have been dismissed solely because the defendant did not have a duty to act reasonably to prevent her from being exposed repeatedly and regularly over an extended period of time to the asbestos fibers on her father’s work clothes. The purpose of this appeal is not to determine whether, in fact,... More...   $0 (10-01-2008 - TN)

James Kimberlin filed suit in the Circuit Court of Shelby County, Tennessee, alleging various causes of action arising out of his employment. Renasant Bank removed the action and filed a motion to compel arbitration and stay the case, asserting that Kimberlin should be forced to engage in arbitration because he agreed to do so in a Dual Employment Contract he signed. Kimberlin resisted, arguing th... More...   $0 (09-25-2008 - TN)

Plaintiffs-Appellants appeal the decision of the district court granting summary judgment in favor of Defendant-Appellee, the City of Memphis, and dismissing Appellants’ discrimination claims. For the reasons that follow, the decision of the district court is affirmed.

I.

The 40 appellants are a racially mixed group of male and female lieutenants in the Memphis Police Department (â... More...   $0 (09-08-2008 - TN)

Jack Tyler Engineering Co., Inc. (“JTE”) sued several companies, including SPX Corp., over a terminated distributorship agreement. The district court granted summary judgment in favor of the defendants on all of JTE’s claims. JTE appeals the judgment on a sole claim: whether the termination of the distributorship agreement violated Tennessee Code § 47-25-1301 et seq. Two panels of this cour... More...   $0 (09-15-2008 - TN)

This wrongful death case came to this Court following the trial court’s grant of summary judgment to each of the defendants, which the Court of Appeals affirmed. Summary judgment is appropriate when the moving party establishes that there is no genuine issue as to any material fact and that a judgment may be rendered as a matter of law. Tenn. R. Civ. P. 56.04; West v. E. Tenn. Pioneer Oil Co., 1... More...   $0 (09-16-2008 - TN)

Teen Challenge sued Metropolitan Government of Nashville and Davidson County on a civil rights theory claiming that defendants violated the rights of the religiously-based organization. Plaintiff claimed that government officials violated the Equal Protection Clause of the U.S. Constitution, the Fair Housing Act, and the Americans With Disabilities Act. Defendants revoked its approval of Teen Cha... More...   $967995 (09-13-2008 - TN)

Plaintiff-Appellant Third Party Solutions, Inc. (“TPS”) and
Defendant-Appellee Express Scripts, Inc. (“ESI”) both contract with retail pharmacies to provide
payment for workers’ compensation prescription claims, which they then recoup from the entities
responsible for providing prescription coverage. TPS provides pharmacies with “default” third-party
billing and suppo... More...   $0 (08-08-2008 - TN)

On June 30, 2001, Rachel Sparkman and her eight-month-old son, Joshua Flax, were passengers in a 1998 Dodge Grand Caravan (“the Caravan”) operated by Ms. Sparkman’s father, Jim Sparkman. Ms. Sparkman was seated in a captain’s chair directly behind the driver’s seat. Joshua Flax was restrained in a child safety seat in the captain’s chair directly behind the front passenger’s seat, wh... More...   $23000000 (07-26-2008 - TN)

Dennis Matthew, the son of Verdie Matthews, sued Life Care Centers of America on a negligence theory claiming that his mother died prematurely because she did not receive appropriate care from Defendant's staff and, as a direct result, became dehydrated and malnourished which, in turn, caused her death. Mrs. Matthews, 83, was a resident of the facility from the beginning of April 2006 to May 1, 20... More...   $1500000 (06-27-2008 - TN)

Judge: Plaintiff-Appellant Rosia L. Scott ("Scott" or "Plaintiff") appeals the order of the district court granting Defendant-Appellee Eastman Chemical Company's ("Eastman" or "Defendant") Motion for Summary Judgment on her employment discrimination claims. Scott alleges: (1) that she was denied promotions based on sex and in retaliation for engaging in protected activity occurring from Novemb... More...   $0 (04-22-2008 - TN)

The defendants, Bayer Corporation Long Term Disability Plan and Bayer Corporation (collectively, Bayer) appeal from a district court ruling that granted long-term–disability (LTD) benefits and partial-disability benefits to the plaintiff, Terry Smith, a former Bayer employee, pursuant to the provisions of the Employee Retirement Income Security Act (ERISA), 29 U.S.C. §§ 1001–1461. The defenda... More...   $0 (04-24-2008 - TN)

Plaintiff appeals the district court's grant of summary judgment in this 42 U.S.C. § 1983 action. Plaintiff was dismissed from the nursing program at Walters State Community College after receiving a failing grade in a clinical nursing course. Plaintiff appealed her grade and dismissal to the administration in accordance with the procedures set forth in a student handbook. After the administra... More...   $0 (04-09-2008 - TN)

Royal Cline challenges a decision rejecting his state-law, age discrimination claims as a matter of law. One of Cline's claims is barred by the statute of limitations, and another claim fails because the company offered a nondiscriminatory, non-pretextual reason for its decision. But a third claim, based on retaliation, deserves further consideration because a reasonable jury could infer that ... More...   $0 (04-01-2008 - TN)

Ashley Johnson sued the City of Chattanooga, the City of Chattanooga Police Department and police officer Curtis Penny on a civil rights theory, 42 U.S.C. 1983, claiming that office Penny used excessive force when he repeatedly tased him on Halloween night 2004 at Chattanooga Food and Drink on Brainerd Road. Johnson was removed from the club for grabbing the rear end of a cute female who walked p... More...   $0 (03-27-2008 - TN)

This appeal is but one part of a much larger case in which Plaintiff Bennie Poteet entered the Polk County, Tennessee jail on a charge of driving under the influence of alcohol, but emerged from the Cleveland Community Hospital several days later having suffered a stroke that left him permanently paralyzed.1 The underlying factual background in this case takes second chair to the facts surroun... More...   $0 (03-17-2008 - TN)

Plaintiff Doyle Mynatt appeals the district court's grant of summary judgment for defendant Lockheed Martin Energy System, Inc. (LMES) in his employment discrimination suit brought pursuant to 42 U.S.C. § 2000e et seq. (Title VII) and 42 U.S.C. § 1981. In September 1999, Mynatt was terminated from LMES as part of a reduction-in-force (RIF), and he subsequently sued LMES, claiming that it termi... More...   $0 (03-18-2008 - TN)

This appeal is but one part of a much larger case in which Plaintiff Bennie Poteet entered the Polk County, Tennessee jail on a charge of driving under the influence of alcohol, but emerged from the Cleveland Community Hospital several days later having suffered a stroke that left him permanently paralyzed.1 The underlying factual background in this case takes second chair to the facts surroun... More...   $0 (03-17-2008 - TN)

The family of Ginger Williams sued the Maury Regional Hospital and others on a medical negligence (medical malpractice) theory for the damages and injuries that they sustained as a result of what they claimed was her wrongful death. Plaintiffs claimed that Ms. William's treating physicians failed to order the blood test that would have detected the deadly potassium level that killed the end-stage... More...   $1250000 (03-14-2008 - TN)

In 1980, Bill Wills (Wills) and two others founded Moore's Lane Sewerage Treatment Company, Inc. ("MLSTC"), a privately owned public utility providing service in the then undeveloped Cool Springs area in Williamson County. The Tennessee Public Service Commission granted MLSTC a certificate of convenience and necessity in order to provide sewer service in the area. Wills was a developer who own... More...   $0 (02-22-2008 - TN)

In 2004, the mother and father of the two minor children, who are the subject of this action, were granted a divorce in the Chancery Court of Maury County at which time the mother was designated as the primary residential parent of the two minor children, the father was awarded residential time and vacation time, and the father was ordered to pay child support. Thereafter, the mother married B... More...   $0 (02-22-2008 - TN)

In 2003, Elvis Pendleton and his wife visited Kickers, a night club owned... More...   $0 (01-29-2008 - TN)

Plaintiffs-Appellants Steven and Jayme Dorrough (the "Dorroughs") brought a legal malpractice action under Tennessee state law against defendantsappellees T. Lynn Tarpy, Edward Shultz, and Hagood, Tarpy & Cox, PLLC (collectively "defendants"), who provided legal representation for the Dorroughs. The United States District Court for the Eastern District of Tennessee granted summary judgment ... More...   $0 (01-22-2008 - TN)

http://www.ca6.uscourts.gov/... More...   $0 (01-24-2008 - TN)

In 1995, Richland Bookmart, Inc. (Bookmart), the operator of an adult-oriented video and book store, brought suit against Randall E. Nichols, the District Attorney for Knox County, Tennessee, challenging Tennessee's Adult-Oriented Establishments Act of 1995 (the Act) on the grounds that it violated both the First Amendment and the Equal Protection Clause of the Fourteenth Amendment of... More...   $0 (01-23-2002 - TN)

In this opinion we address two separate appeals from judgments of the district court in an adversary proceeding commenced in the bankruptcy of William Dunlap Cannon III. In the first (No. 00-5624), George W. Stevenson in his capacity as trustee of the estate in bankruptcy sought to avoid certain fraudulent transfers pursuant to 11 U.S.C. § 548 (the "core proceeding"). See generally St... More...   $0 (01-18-2002 - TN)

This case arises under the Individuals with Disabilities Education Act ("IDEA"). Maureen and Phillip Deal (the "Deals") brought this action against the Hamilton County Department of Education (the "School System") on behalf of their son, Zachary, who has been diagnosed with autism. A different panel of this court previously held that the School System committed procedural violations under t... More...   $0 (01-07-2008 - TN)

Plaintiff Sissy Simmons appeals the orders of the district court granting judgment on the administrative record in favor of Defendant Blue Cross Blue Shield of Tennessee ("Blue Cross") on Simmons's claim under the Employee Retirement Income Security Act of 1974 ("ERISA"), see 29 U.S.C. § 1132(a)(1)(B), and denying her Motion to Alter or Amend the Judgment ("Motion to Alter").1 Because the d... More...   $0 (01-08-2008 - TN)

Kendrick Jeru Davis is a songwriter and performer who performs under the name "Jeru the Damaja," does business as "Perverted Alchemist Music, Inc.," and records music under the label name "Knowsavage Records." In 1994, Jeru entered an exclusive-services agreement with Rondor Music International, Inc. (d/b/a Irving Music, Inc.), which gave Rondor co-ownership in Jeru's copyrights, as well as... More...   $0 (01-16-2008 - TN)

Kim Shelton, the widow of Wade Shelton, age 38, sued Day's Trucking Company, Inc. on a negligence theory claiming that as a direct result of defendant's driver's failure to exercise due care in the operation of his semi-tractor trailer rig, Wade Shelton was killed in an accident on Interstate 75 in Campbell County Kentucky. Shelton's 2005 Freightliner tractor trailer loaded with plastics was s... More...   $0 (01-13-2008 - TN)

On December 7, 2004, Helen M. Borner, Lekesa F. Borner, individually and as next friend of Kaderius Q. Hunt (together, "Plaintiffs," or "Appellants") filed suit against Danny R. Autry ("Defendant," or "Appellee") for injuries sustained and medical expenses incurred as a result of a motor vehicle accident on December 7, 2003 in Madison County, Tennessee. Helen M. Borner and Lekesa F. Borne... More...   $0 (12-16-2007 - TN)

Plaintiff James Fox filed a civil complaint against defendant Eagle Distributing Company ("Eagle"), alleging that his former employer Eagle violated his rights under the Age Discrimination in Employment Act ("ADEA"), 29 U.S.C. §§ 621 et seq., the Tennessee Human Rights Act ("THRA"), TENN. CODE ANN. § 4-21-407, and the Tennessee Whistleblower Act ("TWA"), TENN. CODE ANN. § 4-21-407. Fox addi... More...   $0 (12-16-2007 - TN)

Tracy M. Luna (Mrs. Luna) brought this medical malpractice action against St. Thomas Hospital (the hospital) on December 5, 2005, approximately two years after the death of her husband, James D. Luna (Mr. Luna), and approximately one year after filing suit against her husband's two doctors. Mr. Luna entered the hospital on November 17, 2003, with a bleeding duodenal ulcer and remained the... More...   $0 (12-06-2007 - TN)

Plaintiff-appellant Bridgeport Music, Inc. ("Bridgeport") appeals the district court's grant of summary judgment in favor of defendant-appellee Universal-MCA Music Publishing ("Universal") in this copyright infringement case alleging that Universal interpolated the lyrics to the recording Pumpin' It Up in the recording Change Gone Come. For the reasons set forth below, we affirm the distric... More...   $0 (12-06-2007 - TN)

Plaintiff-appellant Bridgeport Music, Inc. ("Bridgeport") appeals the district court's grant of summary judgment in favor of defendant-appellee Universal-MCA Music Publishing ("Universal") in this copyright infringement case alleging that Universal interpolated the lyrics to the recording Pumpin' It Up in the recording Change Gone Come. For the reasons set forth below, we affirm the distric... More...   $0 (11-26-2007 - TN)

Cardiac Anesthesia Services, PLLC sued Cookeville Regional Medical Center on a breach of contract theory claiming that it was damaged as a result of the breach of the agreement by the hospital and sought damages of $2.3 million. The agreement provided for cardiac anesthesia services to CRMC patients but was breached by CRMC when it refused to provide cardiac anesthesia to a CRMC patient, wh... More...   $1300000 (10-31-2007 - TN)