Blue Springs, Inc. et al v. Tennessee Valley Authority (TV2)

Justia Dockets & Filings Sixth Circuit Tennessee Eastern District Blue Springs, Inc. et al v. Tennessee Valley Authority (TV2)

Blue Springs, Inc. et al v. Tennessee Valley Authority (TV2)

Plaintiff:	Tennessee Land and Lakes, LLC, Robert Markli, Markli Construction Company, Inc., Roberts Point Landing Custom Canvas Works, Judith H. Shaw, Jimmy Shaw, Tri-B, Inc., Blue Springs, Inc., Robert O Giltnane, Mary Giltnane, Robert Levi Giltnane, Brandy Giltnane and Giltnane Sales, LLC
Defendant:	Tennessee Valley Authority
Case Number:	3:2011cv00607
Filed:	December 21, 2011
Court:	US District Court for the Eastern District of Tennessee
Office:	Knoxville Office
County:	Roane
Presiding Judge:	H Bruce Guyton
Presiding Judge:	Thomas A Varlan
Nature of Suit:	Torts to Land
Cause of Action:	28 U.S.C. § 1332
Jury Demanded By:	None

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Date Filed	Document Text
August 23, 2012	Filing 58 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)

Date Filed

Document Text

August 23, 2012

Filing 58 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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Search for this case: Blue Springs, Inc. et al v. Tennessee Valley Authority (TV2)
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Plaintiff: Tennessee Land and Lakes, LLC
Represented By:	Elizabeth A Alexander
Represented By:	Jere Locke Beasley
Represented By:	Paul D Brandes
Represented By:	David B Byrne
Represented By:	Elizabeth J Cabraser
Represented By:	Mark P Chalos
Represented By:	Matthew D Conn
Represented By:	Gary A Davis
Represented By:	Jeff Friedman
Represented By:	A Brantley Fry
Represented By:	Robin L Greenwald
Represented By:	Rhon E Jones
Represented By:	Joanne M McLaren
Represented By:	Wayne A Ritchie, II
Represented By:	Peter M Villari
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Plaintiff: Robert Markli
Represented By:	Elizabeth A Alexander
Represented By:	Jere Locke Beasley
Represented By:	Paul D Brandes
Represented By:	David B Byrne
Represented By:	Elizabeth J Cabraser
Represented By:	Mark P Chalos
Represented By:	Matthew D Conn
Represented By:	Gary A Davis
Represented By:	Jeff Friedman
Represented By:	A Brantley Fry
Represented By:	Robin L Greenwald
Represented By:	Rhon E Jones
Represented By:	Joanne M McLaren
Represented By:	Wayne A Ritchie, II
Represented By:	Peter M Villari
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Plaintiff: Markli Construction Company, Inc.
Represented By:	Elizabeth A Alexander
Represented By:	Jere Locke Beasley
Represented By:	Paul D Brandes
Represented By:	David B Byrne
Represented By:	Elizabeth J Cabraser
Represented By:	Mark P Chalos
Represented By:	Matthew D Conn
Represented By:	Gary A Davis
Represented By:	Jeff Friedman
Represented By:	A Brantley Fry
Represented By:	Robin L Greenwald
Represented By:	Rhon E Jones
Represented By:	Joanne M McLaren
Represented By:	Wayne A Ritchie, II
Represented By:	Peter M Villari
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Plaintiff: Roberts Point Landing Custom Canvas Works
Represented By:	Elizabeth A Alexander
Represented By:	Jere Locke Beasley
Represented By:	Paul D Brandes
Represented By:	David B Byrne
Represented By:	Elizabeth J Cabraser
Represented By:	Mark P Chalos
Represented By:	Matthew D Conn
Represented By:	Gary A Davis
Represented By:	Jeff Friedman
Represented By:	A Brantley Fry
Represented By:	Robin L Greenwald
Represented By:	Rhon E Jones
Represented By:	Joanne M McLaren
Represented By:	Wayne A Ritchie, II
Represented By:	Peter M Villari
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Plaintiff: Judith H. Shaw
Represented By:	Elizabeth A Alexander
Represented By:	Jere Locke Beasley
Represented By:	Paul D Brandes
Represented By:	David B Byrne
Represented By:	Elizabeth J Cabraser
Represented By:	Mark P Chalos
Represented By:	Matthew D Conn
Represented By:	Gary A Davis
Represented By:	Jeff Friedman
Represented By:	A Brantley Fry
Represented By:	Robin L Greenwald
Represented By:	Rhon E Jones
Represented By:	Joanne M McLaren
Represented By:	Wayne A Ritchie, II
Represented By:	Peter M Villari
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Plaintiff: Jimmy Shaw
Represented By:	Elizabeth A Alexander
Represented By:	Jere Locke Beasley
Represented By:	Paul D Brandes
Represented By:	David B Byrne
Represented By:	Elizabeth J Cabraser
Represented By:	Mark P Chalos
Represented By:	Matthew D Conn
Represented By:	Gary A Davis
Represented By:	Jeff Friedman
Represented By:	A Brantley Fry
Represented By:	Robin L Greenwald
Represented By:	Rhon E Jones
Represented By:	Joanne M McLaren
Represented By:	Wayne A Ritchie, II
Represented By:	Peter M Villari
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Plaintiff: Tri-B, Inc.
Represented By:	Elizabeth A Alexander
Represented By:	Jere Locke Beasley
Represented By:	Paul D Brandes
Represented By:	David B Byrne
Represented By:	Elizabeth J Cabraser
Represented By:	Mark P Chalos
Represented By:	Matthew D Conn
Represented By:	Gary A Davis
Represented By:	Jeff Friedman
Represented By:	A Brantley Fry
Represented By:	Robin L Greenwald
Represented By:	Rhon E Jones
Represented By:	Joanne M McLaren
Represented By:	Wayne A Ritchie, II
Represented By:	Peter M Villari
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Plaintiff: Blue Springs, Inc.
Represented By:	Joanne M McLaren
Represented By:	Rhon E Jones
Represented By:	Robin L Greenwald
Represented By:	A Brantley Fry
Represented By:	Jeff Friedman
Represented By:	Gary A Davis
Represented By:	Matthew D Conn
Represented By:	Mark P Chalos
Represented By:	Elizabeth J Cabraser
Represented By:	David B Byrne
Represented By:	Paul D Brandes
Represented By:	Jere Locke Beasley
Represented By:	Elizabeth A Alexander
Represented By:	Wayne A Ritchie, II
Represented By:	Peter M Villari
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Plaintiff: Robert O Giltnane
Represented By:	Elizabeth A Alexander
Represented By:	Jere Locke Beasley
Represented By:	Paul D Brandes
Represented By:	David B Byrne
Represented By:	Elizabeth J Cabraser
Represented By:	Mark P Chalos
Represented By:	Matthew D Conn
Represented By:	Gary A Davis
Represented By:	Jeff Friedman
Represented By:	A Brantley Fry
Represented By:	Robin L Greenwald
Represented By:	Rhon E Jones
Represented By:	Joanne M McLaren
Represented By:	Wayne A Ritchie, II
Represented By:	Peter M Villari
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Plaintiff: Mary Giltnane
Represented By:	Elizabeth A Alexander
Represented By:	Jere Locke Beasley
Represented By:	Paul D Brandes
Represented By:	David B Byrne
Represented By:	Elizabeth J Cabraser
Represented By:	Mark P Chalos
Represented By:	Matthew D Conn
Represented By:	Gary A Davis
Represented By:	Jeff Friedman
Represented By:	A Brantley Fry
Represented By:	Robin L Greenwald
Represented By:	Rhon E Jones
Represented By:	Joanne M McLaren
Represented By:	Wayne A Ritchie, II
Represented By:	Peter M Villari
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Plaintiff: Robert Levi Giltnane
Represented By:	Elizabeth A Alexander
Represented By:	Jere Locke Beasley
Represented By:	Paul D Brandes
Represented By:	David B Byrne
Represented By:	Elizabeth J Cabraser
Represented By:	Mark P Chalos
Represented By:	Matthew D Conn
Represented By:	Gary A Davis
Represented By:	Jeff Friedman
Represented By:	A Brantley Fry
Represented By:	Robin L Greenwald
Represented By:	Rhon E Jones
Represented By:	Joanne M McLaren
Represented By:	Wayne A Ritchie, II
Represented By:	Peter M Villari
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Plaintiff: Brandy Giltnane
Represented By:	Elizabeth A Alexander
Represented By:	Jere Locke Beasley
Represented By:	Paul D Brandes
Represented By:	David B Byrne
Represented By:	Elizabeth J Cabraser
Represented By:	Mark P Chalos
Represented By:	Matthew D Conn
Represented By:	Gary A Davis
Represented By:	Jeff Friedman
Represented By:	A Brantley Fry
Represented By:	Robin L Greenwald
Represented By:	Rhon E Jones
Represented By:	Joanne M McLaren
Represented By:	Wayne A Ritchie, II
Represented By:	Peter M Villari
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Plaintiff: Giltnane Sales, LLC
Represented By:	Elizabeth A Alexander
Represented By:	Jere Locke Beasley
Represented By:	Paul D Brandes
Represented By:	David B Byrne
Represented By:	Elizabeth J Cabraser
Represented By:	Mark P Chalos
Represented By:	Matthew D Conn
Represented By:	Gary A Davis
Represented By:	Jeff Friedman
Represented By:	A Brantley Fry
Represented By:	Robin L Greenwald
Represented By:	Rhon E Jones
Represented By:	Joanne M McLaren
Represented By:	Wayne A Ritchie, II
Represented By:	Peter M Villari
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Defendant: Tennessee Valley Authority
Represented By:	James S Chase
Represented By:	Brent R Marquand
Represented By:	Peter K Shea
Represented By:	Edwin W Small
Represented By:	Elizabeth A Ward
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