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Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. M2004-01910-COA-R3-CV
Regular Panel Decision
Sep 01, 2005

Rickey W. Pendleton v. The Metropolitan Government of Nashville and Davidson County

Rickey W. Pendleton sued the Metropolitan Government of Nashville and Davidson County for injuries sustained during his arrest by metropolitan police officers, alleging assault and battery and vicarious liability through respondeat superior. The trial court granted summary judgment for the government, ruling that a standalone respondeat superior claim was insufficient under the Tennessee Governmental Tort Liability Act (GTLA) for intentional torts, requiring a separate negligence claim against the governmental entity. The Court of Appeals affirmed this decision, holding that the GTLA mandates a direct showing of negligence by the governmental entity for intentional torts committed by its employees, and Pendleton failed to assert such a claim against the Metropolitan Government.

Governmental Tort Liability ActRespondeat SuperiorSummary JudgmentIntentional TortsNegligenceAssault and BatteryPolice MisconductGovernmental ImmunityTennessee LawMunicipal Liability
References
6
Case No. MISSING
Regular Panel Decision

Rollins v. Wilson County Government

Plaintiff Linda Rollins sued Wilson County Government and Ron Gilbert for wrongful termination under the Family Medical Leave Act (FMLA). Rollins argued that her termination, while on leave for a serious health condition, violated the FMLA. The key dispute revolved around whether her prior employment with the Wilson County School System could be aggregated with her employment at the Wilson County Government to meet the FMLA's 12-month employment eligibility requirement. Plaintiff cited federal regulations and the U.S. Bureau of Census to argue that the two entities constituted a single public agency for FMLA purposes. Defendants contended that under Tennessee law, the county government and the county school system are distinct legal entities. The Court, examining the creation, function, and administration of the two entities, found them to be separate and distinct under Tennessee law, thus preventing the aggregation of Rollins' employment periods. Consequently, Rollins did not meet the 12-month employment eligibility requirement for FMLA coverage. The Court also rejected Plaintiff's estoppel argument, finding the cited FMLA regulation provision was not applicable retroactively to 1993 when the claims accrued. Therefore, the Court granted the Defendant's Motion for Summary Judgment and dismissed the case.

FMLAFamily Medical Leave ActWrongful TerminationSummary JudgmentEmployer EligibilityPublic AgencyDistinct EntitiesState LawFederal LawAggregation of Employment
References
18
Case No. MISSING
Regular Panel Decision

Friedar v. Government of Israel

Samuel Friedar, a New York citizen, sued the Government of Israel and its branches for failing to compensate him for medical costs and expenses incurred after being injured while serving in the Israeli Army in 1948. Friedar alleged breach of contract, intentional withholding of information, negligent loss of files, and wrongful conversion of funds. The Government moved to dismiss, claiming sovereign immunity under 28 U.S.C. § 1604 and that the action was barred by the Act of State doctrine. The Court found that the Government was entitled to sovereign immunity, rejecting Friedar's arguments for exceptions based on waiver or commercial activity. Furthermore, even if jurisdiction existed, the Court would dismiss the case under the Act of State doctrine, citing the impropriety of reviewing a foreign state's internal administrative activity, especially regarding military and veterans' benefits. The Government’s motion to dismiss was granted.

Sovereign ImmunityAct of State DoctrineMotion to DismissForeign Sovereign Immunities ActFSIAGovernmental ImmunityCommercial Activity ExceptionVeterans' BenefitsJurisdictionInternational Law
References
13
Case No. M2015-01488-COA-R3-CV
Regular Panel Decision
Jun 30, 2016

The Metropolitan Government of Nashville and Davidson County v. The Civil Service Commission of The Metropolitan Government of Nashville And Davidson County, Tennessee

An officer with the Davidson County Sheriff's Department, Jerry Clark, was terminated for dishonesty after filing reports alleging he was attacked during training, which an investigation found to be exaggerated. An administrative law judge initially ordered his reinstatement with a ten-day suspension, a decision adopted by the Civil Service Commission. However, the Metropolitan Government sought judicial review, and the chancery court reversed the Commission's decision, finding it unsupported by substantial evidence. The Court of Appeals affirmed the chancery court's ruling, concluding that the ALJ's findings were not backed by material evidence and remanded the case to the Commission for a determination of appropriate disciplinary action.

Police MisconductTermination of EmploymentDishonestyAdministrative ReviewJudicial PrecedentCivil Service LawSubstantial Evidence RuleWorkers' Compensation ClaimsRetaliation AllegationsDue Process Rights
References
7
Case No. MISSING
Regular Panel Decision

Pelham Council of Governing Boards v. City of Mount Vernon

This case addresses a special proceeding initiated by the Pelham Council of Governing Boards, an unincorporated entity comprising the Villages of Pelham and Pelham Manor, the Town of Pelham, and the Pelham Union Free School District. The petitioner sought to annul a resolution adopted by the City Council of the City of Mount Vernon in January 2000, which rezoned a 14.55-acre site for the Sanford Boulevard Redevelopment Project. The core issue was the petitioner's standing to bring the action. The court examined associational standing, noting that while three of the four member municipalities might have individual standing under the Westchester County Administrative Code, the Pelham Union Free School District would not. Ultimately, the court determined that the petitioner failed to demonstrate proper representation of its members' views or a necessity for organizational standing in this context, granting the respondents' defense and dismissing the petition for lack of standing.

Organizational StandingAssociational StandingLand UseZoningMunicipal LawCapacity to SueEnvironmental Review (SEQRA)Mount Vernon City CouncilPelham MunicipalitiesSchool District Standing
References
18
Case No. C.A. No. 02A01-9701-CH-00024
Regular Panel Decision
Sep 08, 1997

Eileen Smith v. Shelby Co. Government

Eileen Smith, a social worker, sued Shelby County Government for workers' compensation benefits after sustaining a right wrist injury while assisting a patient. The Chancery Court of Shelby County found the injury compensable, awarding Smith 60% permanent vocational disability to her right arm. Shelby County Government appealed this decision, challenging both the finding of a work-related injury and the extent of the disability award. The Court of Appeals of Tennessee, Western Section at Jackson, affirmed the trial court's judgment, concluding that the evidence, including reports from Dr. E. B. Wilkerson and lay testimony, supported the finding that the injury arose out of employment. The court also upheld the disability rating, considering Smith's job skills, education, and the impact of her injury on her employment, as well as Dr. Neil Aranov's testimony regarding a work-related psychological adjustment disorder.

Workers' CompensationVocational DisabilityPermanent DisabilityWrist InjurySocial WorkerOrthopedic SurgeryPsychological ConditionMedical ImprovementScope of EmploymentAppellate Review
References
2
Case No. M2008-02060-COA-R3-CV
Regular Panel Decision

Hughes v. Metropolitan Government of Nashville & Davidson County

The case concerns a plaintiff injured while avoiding a front-end loader operated by a government employee. The plaintiff sued both the governmental entity, Metro, and the employee, Frank Archey, under the Governmental Tort Liability Act (GTLA). The Tennessee Supreme Court reversed the lower courts' findings, determining that the employee's act of intentionally frightening the plaintiff constituted an intentional tort of assault, not mere negligence. Consequently, Metro, the governmental entity, was immune from liability under the GTLA because there was no direct proof of its negligent supervision. The case was remanded for judgment to be entered against the employee, Frank Archey, as he was held personally liable for the intentional assault.

Governmental Tort LiabilityScope of EmploymentIntentional TortAssaultNegligenceSovereign ImmunityFront-end LoaderMetropolitan GovernmentEmployee LiabilityWorkers' Compensation
References
79
Case No. MISSING
Regular Panel Decision

United States v. Isaacson

This is a criminal prosecution where defendant Julius Isaacson, a union official, was charged with embezzling and conspiring to embezzle money from a labor union and employee benefit funds through an alleged kickback scheme. The Government moved to disqualify Isaacson’s counsel due to a potential conflict of interest, as the attorney and his firm previously represented some of the alleged victim entities. Despite Isaacson’s waiver of his right to conflict-free counsel, the Government argued that the conflict was intolerable. The court denied the motion without prejudice, reasoning that the factual allegations focused on external conduct, there was insufficient information at the early pretrial stage, and counsel had largely withdrawn from representing the victim entities. The court conditioned continued representation on counsel fully withdrawing from the remaining entity and attesting to no outstanding fees.

Criminal ProsecutionConflict of InterestAttorney DisqualificationEmbezzlementUnion FundsEmployee Benefit PlansERISAKickback SchemeObstruction of JusticeSixth Amendment
References
7
Case No. MISSING
Regular Panel Decision

Kazanoff v. United States

Irving Kazanoff, individually and as executor of his wife Shelley Kazanoff's estate, brought a wrongful death suit. Shelley Kazanoff was murdered in her apartment by Daniel Rodriguez and William Deliu. The plaintiff alleged negligence against the US government (for a postal employee allowing the murderers entry) and three building management entities (Just Management Corporation, 100-10 67th Road Condominium Association, and Preferred 100-10 67th Road Condominium Corporation) for failing to provide adequate security. The court granted summary judgment for the government and the three building entities, finding no duty of care breached by the government's postal employee and no unreasonable conduct or breach of duty by the building defendants, who complied with statutory security minimums. The case is still proceeding against the individual murderers.

Wrongful DeathNegligenceSummary JudgmentPremises LiabilityForeseeabilityDuty of CareIntervening Criminal ActPostal ServiceCondominium AssociationManaging Agent
References
7
Case No. M2000-02902-COA-R3-CV
Regular Panel Decision
Feb 26, 2003

Rebecca McMurry v. Metro Government of Nashville

Rebecca McMurry, an employee, sued the Metropolitan Government of Nashville and Davidson County after a slip and fall at work resulted in a knee injury. She sought damages under the Tennessee Governmental Tort Liability Act for lost earning capacity, pain, and suffering. The trial court awarded $24,000, attributing fault to Metro but finding the injury an exacerbation of a pre-existing condition, and also awarded $2,858.30 in discretionary costs, excluding a $900 expert trial preparation fee. McMurry appealed, arguing for increased damages and the inclusion of the expert fee. The Court of Appeals affirmed the trial court's judgment, upholding the finding of exacerbation and confirming that expert witness preparation fees are not recoverable discretionary costs.

Governmental Tort LiabilitySlip and FallKnee InjuryPre-existing ConditionExacerbation of InjuryDamages AwardAppellate ReviewExpert Witness FeesDiscretionary CostsCausation
References
33
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