Blanchard et al v. Tennessee Valley Authority
| Mary Margaret Blanchard, Terry Gupton, Sandra Gupton, Fred Pierce, Jerry Strandberg, Charlotte Strandberg, Gary Topmiller and Pam Topmiller |
| Tennessee Valley Authority |
| 3:2009cv00009 |
| January 9, 2009 |
| US District Court for the Eastern District of Tennessee |
| Torts to Land Office |
| Roane |
| C Clifford Shirley |
| Thomas A Varlan |
| Plaintiff |
| U.S. Government Defendant |
| 28:1331 Fed. Question |
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Filing
515
MEMORANDUM, OPINION AND ORDER: Based on the Court's findings of fact and conclusions of law as stated, the Court FINDS in favor of plaintiffs and against TVA because specific nondiscretionary conduct on the part of TVA caused t he failure of the coal ash containment dike at TVA's KIF plaint on 12/22/08 and that, but for the nondiscretionary conduct described, the dike failure would not have occurred. TVA will therefore be LIABLE for damages to each plaintiff, provided each plaintiff is able to demonstrate in the Phase II proceedings his or her entitlement to relief under claims of negligence, trespass, and/or private nuisance. For the reasons given, it is ORDERED that plaintiffs' claims of negligence per se, recklessness, strict liability, and public nuisance are DISMISSED from this litigation. The parties are DIRECTED, within 21 days of the entry of this memorandum opinion and order, to file briefs of no more than 20 pages regarding the parties' re commendations for how this Court should conduct Phase II proceedings. Per the parties' agreement and the orders of this Court, the findings of fact and conclusions of law contained in this memorandum opinion will be BINDING on all parties to the TVA Ash Spill Litigation. Appropriate judgment orders will be ENTERED in each case following the resolution of the Phase II proceedings.Signed by District Judge Thomas A Varlan on 8/23/12. (ABF)
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Filing
408
ORDER finding that TVA's Motion to Exclude the Proposed Expert Testimony of Barry Sulkin and to Conduct a Daubert Hearing, Motion to Exclude the Proposed Expert Testimony of J. Fred Heitman and to Conduct a Daubert Hearing, Mot ion to Exclude the Proposed Expert Testimony of Stephen King, Ph.D., M.P.H. and to Conduct a Daubert Hearing, Motion to Exclude the Proposed Expert Testimony of James Millette and Steve Hays and to Conduct a Daubert Hearing, Motion to Exclude the Pro posed Expert Testimony of Mark Quarles and to Conduct a Daubert Hearing, and Motion to Exclude the Proposed Expert Testimony of Dr. Nicholas Cheremisinoff and to Conduct a Daubert Hearing are not well-taken, and they are DENIED. Signed by Magistrate Judge H Bruce Guyton on August 11, 2011. (AYB)
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Filing
399
ORDER finding that the Motion to Consider TVA's Daubert Challenge Regarding Pamela Cohen as Moot is well-taken, and it is GRANTED. The Motion to Exclude the Proposed Expert Testimony of Pamela Cohen and to Conduct a Daubert Hea ring is now moot, and it is DENIED AS MOOT. Signed by Magistrate Judge H Bruce Guyton on July 27, 2011. (Doc. 396 in 3:09-CV-09, Doc. 249 in 3:09-CV-48, Doc. 507 in 3:09-CV-54, and Doc. 252 in 3:09-CV-64 and Doc. 362 in 3:09-CV-09, Doc. 218 in 3:09-CV-48, Doc. 471 in 3:09-CV-54, Doc. 222 in 3:09-CV-64, and Doc. 118 in 3:09-CV-517) (AYB)
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Filing
382
MEMORANDUM AND ORDER denying Plaintiffs Motion to Exclude TVAs Expert Witnesses for Failure to Produce Expert Reports and/or Failure to Provide a Summary of Facts and Opinions and Request for Expedited Briefing Scheduling. Signed by Magistrate Judge H Bruce Guyton on 6/21/2011. (MGM)
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Filing
318
MEMORANDUM AND ORDER granting (203) Motion to Dismiss. All plaintiffs' claims against Geosyntec and WorleyParsons are DISMISSED and these defendants are DISMISSED from this case. Signed by District Judge Thomas A Varlan on 3/22/11. Associated Cases: 3:09-cv-00009, 3:09-cv-00014, 3:09-cv-00114 (ABF)
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Filing
183
ORDER granting plaintiffs' Motions to Consolidate Cases (133) in case 3:09-cv-00009; (129) in case 3:09-cv-00014; and (196) in case 3:09-cv-00114. The three cases captioned above will be CONSOLIDATED for all purposes, including discovery, issues of class certification, and trial. Because the proposed Consolidated Complaint [Doc. 196-2] was drafted prior to the withdrawal of the Motion to Sever [Doc. 197], the Court will allow the Plaintiffs up to and including July 13, 201 0, to file the Consolidated Complaint with the correct captioning of Plaintiffs. The Court expects the Consolidated Complaint that is filed will be virtually identical to the proposed Consolidated Complaint [Doc. 196-2], in all other respects. Finall y, Blanchard v. Tennessee Valley Authority, Case No. 3:09-CV-09, the earliest filed of these cases, shall serve as the lead case amongst these consolidated cases. Counsel shall file any pleadings, motions, or other filings in the Blanchard case only. The filings made in Blanchard will be deemed filed in both Giltnane v. Tennessee Valley Authority, Case No. 3:09-CV-14, and Long v. Tennessee Valley Authority, 3:09-CV-114. Signed by Magistrate Judge H Bruce Guyton on July 8, 2010. (AYB)
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Filing
148
ORDER that Defendant TVA's Motion 46 to Dismiss or for Summary Judgment is GRANTED to the extent Plaintiff's tort claims pertain to TVA's policy decision to build and keep in operation the Swan Pond facilities; GRAN TED to the extent Plaintiffs' claims pertain to TVA's removal and remediation conduct following the coal ash spill; and DENIED to the extent Plaintiffs' tort claims pertain to TVA's use, maintenance, and upkeep of the Swan Pond Fa cilities. TVA's request that the Court dismiss the inverse condemnation claims of the Blanchard plaintiffs, the Raymond plaintiffs and the Schofield plaintiffs is hereby DENIED. Further, TVA's Motions to Dismiss all Claims for Punitive Dama ges Against TVA and to Strike All Jury Demands against TVA 62 is hereby GRANTED and Plaintiffs' claims for punitive damages are DISMISSED and the Court STRIKES Plaintiffs' request for a jury trial. Signed by District Judge Thomas A Varlan on 3/26/10. (ABF)
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