| Tennessee Jury Verdicts, Settlements and Court Decisions |
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Roy L. Denton v. Steve Rievley
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In this lawsuit alleging violations of 42 U.S.C. § 1983, Appellant Steve Rievley, a Dayton City police officer, appeals the denial of his motion for summary judgment on claims made by Appellee Roy Denton. Rievley claims that he should have been granted summary judgment on Dentonâs âwarrantless arrestâ claim because he is entitled to qualified immunity. We
AFFIRM.
I. BACKGROUND... More... $0 (11-16-2009 - TN)
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Bridgeport Music, Inc. and Southfield Music, Inc. v. UMG Recordings, Inc. and University Music Investments, Inc.
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This copyright-infringement case is âone of several hundred filed by [Bridgeport Music, Inc., and Southfield Music, Inc.] against entities and/or individuals associated with the ârapâ or âhip-hopâ music industry,â seeking declaratory judgment, injunctive relief, and damages from some 800 defendants for copyright infringement under the federal copyright statute, 17 U.S.C. §§ 101 et se... More... $0 (11-06-2009 - TN)
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Samuel and Tina Whitson v. Knox County Board of Education, et al.
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Samuel and Tina Whitson, the parents of Luke Whitson, a fourth grader at Karns Elementary School, sued the Knox County Board of Education and others under 42 U.S.C. 1983 claiming that Defendants violated Luke's rights by refusing to read and discuss Bible passage during recesses with other students. Plaintiffs sought $1 in damages, recognition that his rights were violated and an injunction agains... More... $0 (10-30-2009 - TN)
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John Wesley Green v. Edna L. Green, et al.
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Champs-Elysees, Inc. (âChamps-Elyseesâ) began in 1983 in the living room of Edna Green,2 a former Nashville school teacher. Ever since its founding, Champs-Elysees has been a small, closely held business. The Green family and a small number of other persons have owned and operated the company. Edna Greenâs sons, John Wesley Green and Mark Green, and her daughterin- law, Dianne Green, who is ... More... $0 (08-26-2009 - TN)
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Silvino Gonzales v. Judith Long
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On January 2, 2004, Judith Long (âDefendantâ) caused a minor automobile accident. She was stopped at a red light behind another vehicle, on a multi-lane highway. To her immediate left was a left-turn lane, and when the left turn arrow appeared, the vehicles in that lane proceeded forward. Although the light for Defendantâs lane remained red, she also proceeded forward approximately two feet ... More... $0 (10-16-2009 - TN)
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Judy Williams v. Redflex Traffic Systems Inc.
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In 2005, the City of Knoxville entered into a contract with Redflex Traffic Systems, Inc. for cameras to take photographs of cars that run red lights. An ordinance provides that the owner be sent notice of the violation and assessed a $50 âcivil penalty.â Redflex handles the legwork for issuing tickets. It installs and manages the cameras and its employees review photos to determine if someone... More... $0 (10-02-2009 - TN)
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Mactec, Inc. v. Bechtel Jacobs Company, LLC
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Defendant-Appellant Bechtel Jacobs Company, LLC (âBJCâ) appeals from the district courtâs judgment following an eight-day bench trial. The district court awarded Plaintiff-Appellee MACTEC, Inc. (âMACTECâ) $9,844,319.82, plus attorney fees and interest, on several of its claims and denied all of BJCâs counterclaims. BJC asserts that the district court erred by: (1) finding unreliable th... More... $0 (09-25-2009 - TN)
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Shelby County Health Care v. The Majestic Star Casino, LLC Group Health Benefit Plan
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Plaintiff, Shelby County Health Care Corporation (âthe Medâ), filed this action pursuant to the Employee Retirement Income Security Act, 29 U.S.C. § 1001, et seq. (âERISAâ), challenging the decision of Majestic Star Casino, LLC (âMajesticâ), the plan administrator of The Majestic Star Casino, LLC Group Health Benefit Plan (the âPlanâ), to deny the Medâs claim for benefits. The M... More... $0 (10-03-2009 - TN)
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James W. Smoak, et al. v. Eric Hall
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David Bush, one of the police-officer defendants in this 42 U.S.C. § 1983 action claiming use of excessive force, appeals a jury award for the plaintiffs. Bush contends that the district court erred by denying his motions for judgment as a matter of law and qualified immunity. For the reasons that follow, we AFFIRM the judgments of the district court.
I.
On January 1, 2003, James Sm... More... $0 (09-02-2009 - TN)
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James G. Thomas, Jr., Brother and Next of Kin of Karen G. Thomas, Deceased v. Elizabeth Oldfield, M.D., et al.
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On December 8, 2004, Karen Thomas underwent abdominal surgery at Centennial Medical Center in Nashville, Tennessee. She was discharged on December 11, 2004, and went to her fatherâs home in Lawrenceburg, Tennessee, to recover from her surgery. On December 13, 2004, Ms. Thomas was admitted to the emergency department of Crockett Hospital in Lawrenceburg complaining of abdominal pain. Dr. Charles ... More... $0 (02-02-2009 - TN)
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Cheryl Brown Giggers et al v. Memphis Housing Authority et al
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On March 7, 2002, at approximately 11:45 a.m., L.C. Miller, a tenant in Jefferson Square, one of several public housing projects owned by the Memphis Housing Authority (âMHAâ), argued with the housing projectâs security guard, fired shots in the direction of his office, and struck and killed Charles Cornelius Brown, Sr., another tenant at the facility who happened to be in the office area at... More... $0 (02-02-2009 - TN)
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Derek Davis v. Shelby County Sheriff's Department
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Derek Davis was a patrol officer for the Shelby County Sheriffâs Department (âDepartmentâ). On or about July 25, 2001, the Department instituted the Drug Free Workplace Program (âProgramâ). On August 17, 2001, Mr. Davis signed an âAcknowledgment of Receipt of Drug Free Workplace Program - Policy and Procedureâ form, acknowledging that he received, read, and understood the Programâs... More... $0 (02-01-2009 - TN)
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Arthur Creech, et al v. Robert R. Addington, et al
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This litigation has a long and complicated history. The eleven claimants (the âPlaintiffsâ) include Arthur and Glenda Creech, Darlene Reinier, Vicki Sue Jacobs, Joann Wolfe, Claude and Deborah Hatfield, Wayne and Alice Martin, and Brent and Marvin Chitwood, Jr., the latter two of whom were doing business as Triad Partners.1 Years ago, each of the Plaintiffs invested in an illfated real estate ... More... $0 (03-20-2009 - TN)
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Cracker Barrel Old Country Store, Inc., et al v. Richard Epperson, et al
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Cracker Barrel Old Country Store, Inc., and Cracker Barrel Associates, LLC, (collectively âPlaintiffsâ) own certain real property on Sidco Drive in Davidson County.2 Mr. Richard Epperson and Mr. Timothy Causey (collectively âDefendantsâ) own real property that adjoins Plaintiffsâ property. Both parcels have, since October 31, 1980, been subject to a Declaration of Reciprocal Rights and E... More... $0 (04-27-2009 - TN)
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Helen M. Borner, et al v. Danny R. Autry
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On December 7, 2003, an automobile driven by Helen Borner, in which Lekesa Borner and her minor son, Kaderius Hunt, were passengers, was involved in a collision with a pickup truck driven by Danny Autry. Both Helen and Lekesa Borner (collectively âPlaintiffsâ) received medical treatment primarily from Dr. Michael Hellman.
On December 7, 2004, Helen and Lekesa Borner, individually and on... More... $0 (05-26-2009 - TN)
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Roger Ball, et al. v. Bruce McDowell, et al.
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Roger Ball and Carrol E. Rose, L.L.C. (âPlaintiffsâ) are the owners of a tract of real property adjacent to several tracts of real property owned by Bruce McDowell, Darren Buchanan, Cameron Buchanan, Brayden Buchanan, Penny Caylor, Gary Estes, Bryan Keith Brock, and James Yonts (âDefendantsâ). The deeds to both Plaintiffsâ and Defendantsâ tracts granted Plaintiffs a fifty-foot easement... More... $0 (08-09-2009 - TN)
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Corine Broadnax v. Quince Nursing and Rehabilitation Center, LLC
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In her deposition, Ms. Broadnax discussed a different situation that she claims gave rise to her signing the Admission Agreement and Arbitration Agreement. She stated that at some point Decedent was transferred from Nursing Home to the hospital. After her release from the hospital, Decedent returned to the Nursing Home. Ms. Broadnax claims that a representative of the Nursing Home telephoned her s... More... $0 (08-11-2009 - TN)
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Treva Nickens v. Whirlpool Corporation
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Treva Nickens claimed that she was the victim of associational harassment at her job with Whirlpool for defending black co-workers at a plant in La Vergne.
Whirlpool admitted that Nickens often complained to management about scheduling and overtime, but not harassment. It also asserted that none of her co-workers admits hearing her complaints even though the plant is now closed and there'... More... $0 (07-30-2009 - TN)
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Cracker Barrel Old Country Store, Inc., et al. v. Richard Epperson, et al.
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Cracker Barrel Old Country Store, Inc., and Cracker Barrel Associates, LLC, (collectively âPlaintiffsâ) own certain real property on Sidco Drive in Davidson County.2 Mr. Richard Epperson and Mr. Timothy Causey (collectively âDefendantsâ) own real property that adjoins Plaintiffsâ property. Both parcels have, since October 31, 1980, been subject to a Declaration of Reciprocal Rights and E... More... $0 (06-01-2009 - TN)
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Margaret Wike v. Vertrue, Inc., Adaptive Marketing, LLC and Influent, Inc.
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Margaret Wike filed this lawsuit against Vertrue and its subsidiary, Adaptive Marketing (collectively, âVertrueâ), claiming that Vertrue violated federal law by enrolling her in a discount club and charging a monthly fee to her debit card.
The district court granted summary judgment to Vertrue on Wikeâs claim under the Electronic Funds Transfer Act (EFTA), 15 U.S.C. § 1693 et seq., a... More... $0 (06-02-2009 - TN)
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Mark Vesligaj v. Michael Peterson, et al.
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Defendant Dialysis Systems, Inc. (DSI), appeals from the denial of its motion to alter or amend the default judgment entered in favor of plaintiff Mark Vesligaj for a total of $170,873.99, representing unpaid wages, prejudgment interest on the unpaid wages, and the value of a 1.5% equity interest in DSI. DSI argues that the district court abused its discretion in finding that the standards for rel... More... $0 (05-11-2009 - TN)
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David Denning v. Metropolitan Government of Nashville and Davidson County
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On the night of January 27, 2006, Officer Don Davidson (Davidson) fired one gunshot through a windowpane in the closed door of the home of David Denning (Denning) after Denning approached the door while carrying a handgun and did not respond to Davidsonâs commands to drop the weapon. Denning sustained a single gunshot wound to the chest and died that night.
Plaintiffs filed suit pursuant ... More... $0 (05-12-2009 - TN)
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Kristen Freeman v. Dr. Michael Goodman
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Kristen Freeman sued Dr. Michael Goodman, a gastroenterologist on a medical negligence theory (medical malpractice) theory claiming that she was totally and permanently disabled as a result of substandard care provided by Dr. Goodman.
The claims made and defenses asserted are not available at this time.... More... $6120000 (05-02-2009 - TN)
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Sean Shelton v. University of Tennessee-Chattanooga
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A jury has awarded a former University of Tennessee-Chattanooga police officer $300,000 on his claim that he was racially discriminated against.
Sean Shelton â who is white â filed suit, asking for $28,000 in back pay after he was fired in 2004.
Testimony reported by the Chattanooga Time Free Press revealed Shelton was terminated after complaining about a hostile work environment... More... $300000 (04-17-2009 - TN)
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Dawn Maggard v. Ford Motor Company
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Ford Motor Company (âFordâ) appeals a jury verdict in favor of Dawn and Darrell Maggard. The jury found Ford strictly liable for injuries sustained by Dawn Maggard (âDawnâ) after her leg was trapped under her Ford Windstar van as it unexpectedly began to roll backwards out of her driveway. The jury awarded $3,400,000.00 in compensatory damages1 and $9,000,003.00 in punitive damages. More... $0 (04-07-2009 - TN)
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Tammie Thompson v. Rutherford County, Tennessee, et al.
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Rishi K. Saxena appeals from the district court's denial of his motion to expunge the record of a medical malpractice claim filed against him. We affirm the district court's denial of his motion. Tammie Thompson filed a section 1983 action following her husband's death while incarcerated at the Rutherford County, Tennessee, Adult Detention Center. Thompson alleged deliberate indifference to her hu... More... $0 (03-24-2009 - TN)
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Dennis R. Hobbs v. W. Scott Duggins; The Duggins Law Firm; and LeBlane Butler, LLC
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In this action involving alleged violations of the Fair Debt Collection Practices Act, 15 U.S.C. §§ 1692, et seq. (âFDCPAâ), and Tennessee state tort law, Plaintiff-Appellant Dennis R. Hobbs (âHobbsâ) appeals the district courtâs grant of Defendants- Appelleesâ W. Scott Duggins (âDugginsâ), The Duggins Law Firm (âDuggins Lawâ) and LeBlanc Butler, LLCâs (âL&Bâ) motion to... More... $0 (03-24-2009 - TN)
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Gregory Cobbinsn v. Tennessee Department of Transportation
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This is an appeal from a jury verdict in favor of defendant, Tennessee Department of Transportation, in an action for race discrimination by plaintiff, Gregory Cobbins, pursuant to Title VII, 42 U.S.C. § 2000e et seq. On appeal, Cobbins claims error in two evidentiary rulings by the district court: (1) the exclusion of an exhibit offered by plaintiff as hearsay due to the lack of an appropriate w... More... $0 (04-02-2009 - TN)
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Darren Hastings v. Remarketing Solutions, Inc.
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Plaintiff Darren Hastings appeals the district courtâs order dismissing his complaint under Fed. R. Civ. P. 12(c) against defendant Remarketing Solutions, Inc. (âRemarketingâ) alleging âoutrageous conductâ and retaliatory discharge under Tennesseeâs common law and a violation of § 50-1-304(d)(1) of the Tennessee Public Protection Act (âTPPAâ). TENN. CODE ANN. § 50-1-304. Hastings... More... $0 (03-18-2009 - TN)
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Robert Bryson v. City of Clinton, Tennessee
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Former City of Clinton, Tennessee (âCityâ) police officer Robert Bryson appeals the district courtâs judgment following a defense verdict on his agediscrimination claims. Bryson challenges various evidentiary rulings and jury instructions. We affirm.
I.
A.
On January 10, 2004, Bryson was on patrol when he encountered a bleeding and intoxicated man, Michael Manford, who h... More... $0 (02-10-2009 - TN)
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Crossville Medical Oncology, P.C. v. Glenwood Systems, LLC
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Crossville Medical Oncology, P.C. (âCrossvilleâ) appeals the dismissal of its claims against Glenwood Systems, LLC (âGlenwood LLCâ). Crossville argues the district court erred in holding that Glenwood LLC could enforce an arbitration clause in a contract to which it was not a signatory. We affirm.
I.
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Glenwood LLC is a Connecticut limited liability company that provi... More... $0 (02-17-2009 - TN)
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Larry C. Lay v. Burley Stabilization Corporation
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Plaintiffs and appellants Larry C. Lay, et al., fifty-five members of appellee Burley Stabilization Corporation (âBSCâ) (âmembersâ), are tobacco producers who sold burley tobacco through the federal price support program in one or more of the 1982 through 2004 crop years. They appeal the district courtâs1 dismissal of their case without prejudice, seeking funds allegedly wrongfully being... More... $0 (02-12-2009 - TN)
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Teresa Evans v. City of Etowah, Tennessee, et al.
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ROGERS, Circuit Judge. Defendants, City of Etowah police officers Chuck Nelms and Bill Crawford, appeal the district courtâs denial of their motion for summary judgment based on qualified immunity. In November 2005, defendants aided bail bond agents in arresting Brandon Noble. During the course of the arrest, defendants also arrested plaintiff Teresa Evans, Nobleâs mother, and charged her with... More... $0 (02-26-2009 - TN)
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Michael Doherty, Alan Holmes and Local 4053, International Association of Fire Fighters v. City of Maryville
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Maryville Firefighters Association President Michael Doherty, Treasurer Alan Holmes and Local 4053, International Association of Fire Fighters sued the City of Maryville and others on a civil rights violation theory under 42 U.S.C. 1983 claiming that they retaliated against them for exercising their free speech rights under the United States Constitution. Plaintiffs claimed that the city opposed ... More... $92500 (02-13-2009 - TN)
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James G. Thomas, Jr. v. Elizabeth Oldfield, M.D., et al.
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On December 8, 2004, Karen Thomas underwent abdominal surgery at Centennial Medical Center in Nashville, Tennessee. She was discharged on December 11, 2004, and went to her fatherâs home in Lawrenceburg, Tennessee, to recover from her surgery. On December 13, 2004, Ms. Thomas was admitted to the emergency department of Crockett Hospital in Lawrenceburg complaining of abdominal pain. Dr. Charles ... More... $0 (02-02-2009 - TN)
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Cheryl Brown Giggers, et al. v. Memphis Housing Authority, et al.
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The plaintiffs, survivors of a tenant shot and killed by the criminal act of another tenant, filed suit against the defendant housing authority, alleging negligence and breach of contract for failure to provide a safe premises. The trial court granted summary judgment in favor of the housing authority and the Court of Appeals affirmed. We granted review to determine whether the housing authority o... More... $0 (02-12-2009 - TN)
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Shelby County Sheriff's Department v. Michael Harris
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Martin Zummach, Germantown, TN, for Appellant, Shelby County Sheriffâs Department Linda Kendall Garner, Memphis, TN, for Appellee, Michael Harris
OPINION
Since approximately 1987, Appellee Michael Harris has been employed by the Appellant Shelby County Sheriffâs Department as a Deputy Sheriff. On February 21, 2005, Internal Affairs initiated an investigation of Mr. Harris.1 The i... More... $0 (02-12-2009 - TN)
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Candice R. Sulfridge; Adam T. Davis v. John Huff, Larry G. Moore, et al.
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These consolidated actions, for injury and damages under 42 U.S.C. § 1983, arise from a shooting incident initiated by Defendant-Appellant John Huff (âOfficer Huffâ or âHuffâ) on April 4, 2005. Plaintiffs-Appellees Candice R. Sulfridge and Adam T. Davis (collectively, âPlaintiffsâ) claim that Officer Huff used excessive force in violation of their rights under the Fourth, Fifth, and F... More... $0 (02-09-2009 - TN)
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Restaurant Supply Solutions, Inc. v. Dean Leischow d/b/a Leischow Group, Inc., LGI Energy Solutions, Inc.
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This appeal arises from a lawsuit that plaintiff Restaurant Supply Solutions, Inc. (âRSSIâ) brought against defendants Dean Leischow, doing business as Leischow Group, Inc. and LGI Energy Solutions, Inc. (collectively âLGIâ), for breach of contract, fraud in the inducement to contract, fraudulent misrepresentation, and intentional, bad faith refusal to pay commissions in violation of TENN.... More... $0 (02-09-2009 - TN)
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Robert Bryson v. City of Clinton, Tennessee and James S. Jones
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Former City of Clinton, Tennessee (âCityâ) police officer Robert Bryson appeals the district courtâs judgment following a defense verdict on his agediscrimination claims. Bryson challenges various evidentiary rulings and jury instructions. We affirm.
I.
A.
On January 10, 2004, Bryson was on patrol when he encountered a bleeding and intoxicated man, Michael Manford, who h... More... $0 (02-12-2009 - TN)
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