Tag Archives: lawsuits

AG joins lawsuit against makers of addiction treatment drug

News release from Attorney General’s office
Attorney General Herbert H. Slatery III, along with the Division of Consumer Affairs, today announced the filing of an antitrust and consumer protection lawsuit against the makers of Suboxone, a prescription drug used to treat opioid addiction. Slatery and attorneys general from 35 other states filed the lawsuit over allegations that the companies engaged in an anti-competitive scheme to block generic competitors and cause consumers to pay artificially high prices.
 
Reckitt Benckiser Pharmaceuticals, now known as Indivior, is alleged to have conspired with MonoSol Rx to switch Suboxone, a brand-name prescription drug used to treat heroin addiction and other opioid addictions by easing addiction cravings, from a tablet version to a dissolvable film version in order to prevent or delay generic alternatives from entering the market while maintaining monopoly profits. Continue reading

Fired Muslim THP trooper get $100K in damages

U.S. District Court Judge Tena Campbell has ruled that former Tennessee Highway Patrol Trooper De’Ossie Dingus is entitled to $100,000 for wrongful termination and years of discrimination because of his Muslim religion, reports the News Sentinel.

“He was treated as a threat,” the judge wrote. “He was labeled as a possible terrorist-in-the-making. He was subjected to humiliating circumstances. All because he is a Sunni Muslim.”

Dingus, a military veteran who worked for the THP for a decade, was fired in 2010 after military liaison Maj. Kevin Taylor called Dingus a potential terrorist based on a brief encounter in November 2009 when Dingus complained about the airing of a video on the radicalization of children during a training class that was supposed to teach troopers how to recognize weapons of mass destruction.

…Campbell’s ruling notes the terrorist claims were the last in a long string of mistreatments of Dingus by supervisors because of his faith.

…Campbell had already ruled in Dingus’ favor, but there was one big legal problem when it came to damages. Rather than going to a psychiatrist or a therapist as a prelude to proving emotional distress or a doctor to corroborate stress-induced illness, Dingus hustled to pay his bills and filed a claim with the Tennessee Civil Service Commission.

He won $154,000 in back pay and benefits as a result of that claim but had to agree to take early retirement. Attorney Knight insisted the Department of Safety needed to be held accountable, and a financial punch for damages was the only way to do that. But the law requires some showing of psychological and medical damages.

Campbell initially awarded Dingus $1, but the 6th Circuit U.S. Court of Appeals ruled earlier this year Dingus’ case was so “egregious” it didn’t matter whether he had proved psychological fallout via traditional means. The harm he suffered, the court opined, was obvious. That ruling led to this week’s reconsideration of damages by Campbell.

Islamic Center sues state for denying tax exemption

NASHVILLE, Tenn. (AP) — The Islamic Center of Nashville is suing the state in federal court after it says it was denied a tax exemption.

The lawsuit, filed Monday, argues the center’s religious tax exemption for its Nashville International Academy school was denied because of a banking deal that allowed the center to follow its religious beliefs, reported the Tennessean. The center was billed more than $87,000 in past-due taxes as a result.

In 2008, the mosque built a new school building. Since the Islamic center adheres to Islam’s prohibition against paying interest, it struck a banking agreement known as an ijara to pay for the construction without interest, according to the lawsuit.

The arrangement transferred the property’s title to a bank until October 2013 when the Islamic center paid its final payment. It was the transfer, the lawsuit said, that led to the denial of the Islamic center’s retroactive exemption request.

“We believe the Tennessee statute is unconstitutional because it imposes a burden on Muslim institutions that it does not place on those of any other faith community,” said Christina Jump, an attorney representing the mosque.

The lawsuit requests damages and asks a judge to say the center does not have to pay the taxes.

The Islamic center first appealed the denial to an administrative law judge and the Assessment Appeals Commission. In May, the commission said the transfer of title disqualified the center from exemption. It also sympathized with the mosque and suggested they take legislative action.

A state spokesman said he couldn’t comment on pending litigation.

Corker seeks delay of Saudi Arabia lawsuit vote

Two leading Republican voices on national security — Senators Bob Corker and Lindsey Graham — want to postpone a vote on whether to override President Barack Obama’s promised veto of legislation to let families of 9/11 terrorist attack victims sue Saudi Arabia, reports Bloomberg News.

The delay would give senators more time to consider the likelihood its enactment would “backfire on us” because “once we create the opportunity for U.S. citizens to sue another government we also open the door for the same thing to happen to us,” said Corker, chairman of the Foreign Relations Committee.

Corker and Graham are raising concerns about the foreign policy ramifications of the legislation even though it sailed through both chambers and was sent to the president a day after the 15th anniversary of the Sept. 11 terrorist attacks.

White House spokesman Josh Earnest has said Obama will reject the legislation, though he hasn’t announced the timing of the planned veto.

Corker said in an interview that he hopes “the veto will come back after we are gone” so the Senate doesn’t vote on overriding it until after “a couple-months cooling period takes place.” The Senate could leave town by the end of next week if it completes work on a stopgap spending bill to fund the government when the fiscal year begins Oct. 1.

Corker and Graham are at odds with many of their colleagues in both parties including Republican Whip John Cornyn, who has pressed for a pre-election vote. A co-sponsor of the bill, Cornyn challenged Obama in a floor speech not to “leave the families dangling” and promptly issue a veto to enable a vote before Congress adjourns this month to go home and campaign.

Corker said a delay may allow the Senate to consider changing the bill. “Having some time go by could end up causing some constructive things to occur,” the Tennessee Republican said. “Might not, but I’m certain that by next Friday that won’t happen.”

South Carolina’s Graham, a member of the Senate Armed Services Committee who also heads the Appropriations State-Foreign Operations Subcommittee, which writes the spending bill for U.S. embassies and diplomatic programs, said he wants to “buy some time here” to “make the bill more palatable but also be in the interest of the families.”

Graham said that the legislation threatens U.S. relations.

“The Saudis let me know in no uncertain terms that they see this bill as a hostile act,” he said. “I want to make sure that the families are taken care of here, but I have come to the conclusion that the person to blame for 9/11 is bin Laden.”

Note/Update: Sen. Corker’s staff has sent along this additional comment since this post first appeared: “Unless the White House offers a solution that appropriately addresses both sovereign immunity issues and the concerns of 9/11 families, the veto override will likely be overwhelming.”

Durham eyes lawsuit against the state over ouster

A day after his expulsion from the Tennessee Legislature, former state Rep. Jeremy Durham is telling Nashville television stations that plans a lawsuit against the state over the ouster.

Durham told News 2 (WKRN) Wednesday he is likely to file suit against the State of Tennessee out of principle. He couldn’t elaborate on how much he’s seeking in damages… While Durham has admitted to being too flirtatious at times, he insists he never harassed or was inappropriate with anyone during his time in office.

“A lot of the allegations though, if you look at what they’re saying, most of it is like ‘He asked me to get a beer.’ That’s most of the allegations,” said Durham. “If getting a beer is all it takes, then we need to expel a lot of the General Assembly, not just me.”

Durham claims the attorney general’s findings – that he had sex with a woman in his Capitol Hill office – are “completely untrue.”

And he also says his expulsion from the legislature during the special-called session was unconstitutional.

“I think everyone in there who voted realized that they voted on rules, those rules weren’t followed,” Durham told News 2. “I was entitled to a hearing and I didn’t get it. And Speaker Harwell still gets to gavel me out.” Continue reading

53 GOP legislators want to intervene in same-sex divorce

Fifty-three Republican state legislators have teamed with a Christian conservative group in trying to become involved in the pending divorce of two Knoxville women who are arguing over child custody.

The Family Action Council of Tennessee (FACT) announced Friday that its legal arm, known as the Constitutional Government Defense Fund, is representing the legislators in filing a motion to intervene in the divorce case of Sabrina Renae Witt vs. Erica Christine Witt.

The motion contends the legislators’ “unique and substantial interest in the legislative power and process will be impeded, impaired, and/or nullified” if courts interpret a state law “to apply to any persons other than a man and woman joined together as ‘husband’ and ‘wife.”

Knox County Circuit Court Judge Greg McMillan ruled in June that Erica Witt has no legal rights under Tennessee law to involvement with a daughter born to Sabrina Witt through artificial insemination, as reported by the News Sentinel at the time. The couple were legally married at Washington, D.C., in April of 2014, when same-sex marriage was prohibited in Tennessee. There is still no state law on the books authorizing same-sex marriages, but they were validated by a U.S. Supreme Court ruling last year. Continue reading

Nashville sues state over education funding

By Travis Loller, Associated Press
NASHVILLE, Tenn. — Nashville is suing the state over what it says is inadequate funding of public education, in violation of the Tennessee Constitution.

Nashville joins Shelby County and a cluster of seven counties that includes Hamilton, which have filed their own lawsuits over the state’s funding of the Basic Education Program, or BEP. That’s the method the state uses to meet its constitutional obligation to provide free K-12 public education.

According to the Nashville lawsuit filed Thursday, lawmakers have not provided enough money for the school system to hire the legally required number of teachers and translators for its English language learners.

Nashville has the highest number of students who come from a non-English language background in the state, according to the lawsuit. They make up about a quarter of total Metro Nashville Public School students and include more than 16,000 Spanish speakers, more than 3,000 Arabic speakers and more than 1,000 Kurdish speakers. Continue reading

Lawsuit over public records via email

The Tennessee Court of Appeals has agreed to let both the Tennessee School Boards Association and the Tennessee Risk Management Trust weigh in on an appeal in a Sumner County open records lawsuit, reports The Tennessean.

Sumner County Judge Dee David Gay ruled in November that the Sumner County Board of Education violated the Tennessee Public Records Act by denying a records request Joelton resident Ken Jakes made via email and over the telephone. In his ruling, Gay said the school system’s policy of only accepting records requests via U.S. mail or in person was too restrictive for citizens, and ordered the board to craft a new public records policy.

School board members voted unanimously in December to appeal Gay’s ruling to the Tennessee Court of Appeals, and enacted a new policy in March that includes the use of a dedicated phone line for public records requests.

The TSBA, an organization comprised of 141 school districts from across the state, filed a motion Aug. 3 requesting permission to both file a brief on behalf of the Sumner County Board of Education as well as address the court during oral arguments.

“… the case is one that affects the rights and responsibilities of school systems in their capacity as a local government subject to Tennessee’s open records laws,” the TSBA said in its court filing. “The issue of interpretation of these laws is statewide in principle and has the potential to affect not only how school systems respond to open records requests but also how local governments respond to open records requests.”

The Tennessee Risk Management Trust, a member-owned insurance trust for public entities, requested Aug. 19 to also file an amicus curiae, or friend of the court, brief in the case. The briefs are often a way for someone not a party to a case to offer advice to the court in a decision likely to hold broader implications than just for the two parties arguing the case.

“The ruling of the trial court has a far-reaching and potentially detrimental effect on the Trust’s members,” TRMT attorneys said in the court filing. The document also says that the trust’s members include 60 counties, 102 school systems and 40 municipalities and other governmental entities within Tennessee. The Sumner County Board of Education is not a member of the trust, according to spokesman Jeremy Johnson.

The appeals court granted this week both organizations’ requests to file the briefs. However, neither group will be allowed to make oral arguments in the case. A court date has not yet been set.

Jury awards $560K back pay to police officers

CHATTANOOGA, Tenn. (AP) — A jury in Hamilton County has ruled that the city of Chattanooga failed to give police officers promised raises and to maintain fair conditions of employment.

The Chattanooga Times Free-Press reports that on Thursday the jury awarded 25 officers more than $560,000 in back pay for the time that they worked without receiving the raises.

The case stemmed from a pay policy that allowed recently hired officers to earn higher salaries than their supervisors.

The officers said that the city had sent a document to police in 2010 that laid out changes to police salaries. They said the document promised future pay raises that they never got.

The jury also rejected the officers’ claim that the city discriminated against them because of their age

CCA faces lawsuit over menstruation strip searches

By Travis Loller, Associated Press
NASHVILLE, Tenn. — Private prison operator Corrections Corporation of America is trying to seal from public view documents in a lawsuit that claim female visitors to a Tennessee prison were forced to undergo strip searches to prove they were menstruating.

Three women have accused the company of violating their rights by forcing them to expose their genitals to guards after they tried to bring sanitary pads or tampons into South Central Correctional Facility, about 85 miles southwest of Nashville. One woman said her three children had to witness the search.

Protective orders in the case allow documents that could pose a security risk to the prison to be filed under seal. Each side is accusing the other of violating those orders. Continue reading