Tennessee
Coal ash workers’ case heard by Tennessee Supreme Court
NASHVILLE, Tenn. – Tennessee Supreme Courtroom justices fired quite a few questions Wednesday at an organization that’s difficult lawsuits alleging its employees have been sickened or died after cleansing up the nation’s worst coal ash spill, which occurred greater than a decade in the past.
Oral arguments centered on Jacobs Engineering’s rivalry that the employees’ claims ought to fall beneath a Tennessee legislation that limits authorized challenges involving publicity to silica, a element of coal ash. Staff who participated within the cleanup of the 2008 spill at Tennessee Valley Authority’s Kingston Fossil Plant and their members of the family watched intently in courtroom, many carrying “Keep in mind Kingston” pins.
Mark Silvey, an lawyer for the employees and households, stated there could be “just about no form of declare that will not be coated by the Tennessee Silica Claims Priorities Act” beneath Jacobs’ interpretation.
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Some examples, he stated, are if a bag of concrete, which accommodates silica, falls on somebody’s head as they stroll via a development space; if somebody is killed with a brick, containing silica, and the household needs to sue for wrongful loss of life; or if there was a product legal responsibility subject with irritation from youngsters’s diapers, which may comprise silica.
Justice Kirby Holly stated the courtroom has to think about how the interpretation would apply in any other case, noting additional that breakfast cereal and the ache reliever Motrin comprise silica.
“If I eat a breakfast cereal and my declare is that it had floor glass in it, in keeping with your definition, I feel I might be utterly precluded from fast accidents that befell,” Kirby stated.
Dwight Tarwater, an lawyer representing Jacobs, stated the legislation has a “spectacularly broad definition” of what it might cowl and that features the alleged sicknesses the employees suffered on account of their publicity to coal ash.
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“The phrases say what they are saying, they imply what they are saying,” he stated. He stated if opposing attorneys have questions concerning the scope of the legislation, they need to take it up with state lawmakers. He additionally famous that coal ash has a big focus of silica.
“Would it not apply to a ‘brick’ scenario? Most likely not, from only a commonsense standpoint,” Tarwater stated. “However the phrases say it might. The phrases say that it is to be interpreted broadly. The phrases say it applies to any contact with, any inhalation of.”
The employee’s attorneys argue the silica legislation was by no means meant to use to instances like theirs. The act particularly refers to silica, which is only one element of coal ash. The elements they consider triggered the employee accidents embrace arsenic, lead, cadmium, mercury and radium, however not silica. The legislation additionally refers to claims for very particular accidents — silicosis and pulmonary fibrosis — that aren’t at subject on this case.
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The legislation requires anybody pursuing claims for publicity to silica or combined mud to file a health care provider’s report concluding that the publicity is a “substantial contributing issue” to the affected person’s sickness. For plaintiffs bringing wrongful loss of life claims on behalf of a liked one, they need to additionally present the employee was uncovered to the mud for a minimum of 5 years. Staff with lung most cancers are topic to the five-year provision too and moreover should present that their most cancers was identified a minimum of 10 years after their first publicity to the mud.
In courtroom filings, Jacobs stated the overwhelming majority of plaintiffs both didn’t file the physician studies, filed insufficient studies, or didn’t meet the time restrictions. For instance, one employee died from lung most cancers in 2015, lower than seven years after the spill, in order that employee’s household shouldn’t be allowed to sue, in keeping with Jacobs.
The employees’ attorneys even have argued it’s too late to deliver this problem. The case already went via the primary a part of a two-part federal trial in 2018, when a Knoxville, Tennessee, jury discovered that Jacobs breached its obligation of care to the employees. The jurors stated Jacobs’ actions have been able to making the employees sick. Whether or not these actions truly did make them sick, and thus made the victims eligible for financial damages, was left for a subsequent trial or trials.
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Mediation ordered by the decide was unsuccessful, however a brand new trial date has not been set as Jacobs continues to pursue authorized challenges. Twice, the corporate has requested the sixth U.S. Circuit Courtroom of Appeals to seek out that it’s immune from being sued as a result of it was performing on behalf of the Tennessee Valley Authority, a federal company. The courtroom has dominated towards Jacobs each instances, most just lately final month.
Tennessee’s Supreme Courtroom received concerned as a result of the federal decide requested it to interpret the state legislation.
Jacobs’ attorneys have stated the corporate did its greatest to handle the cleanup in a means regulators stated was secure. It has not been proved that Jacobs — and even coal ash — is responsible for any sicknesses, and the Environmental Safety Company classifies coal ash as nonhazardous.
On Wednesday, Silvey talked about Jean Nance, who labored within the workplace from 2009 to 2013 on the cleanup job, however finally died of an aggressive type of leukemia in 2015. Silvey stated Nance’s declare could be dismissed beneath the corporate’s authorized interpretation.
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Nance’s brother, Mike Dunn, and different members of the family wore massive pins displaying a photograph of her face as they watched. Afterward, they have been cautiously hopeful.
“I am simply hoping one thing can get resolved,” Dunn stated. “Jean, she knew she wasn’t going to make it. However she was within the different employees.”
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The Tennessee Titans have to figure out what they’re going to do at the quarterback position moving forward.
Will Levis showed flashes of big-time potential during his rookie season last year. Unfortunately, in year two, he has taken a huge step back and shown a lot of regression.
That has led to questions about his future with the team.
Recently, it has been suggested that Aaron Rodgers could end up being a potential target for the Titans if they’re looking for another quarterback.
It’s widely expected that Rodgers will part ways with the New York Jets in the offseason. Some speculation has even suggested that he could cut ties with the Jets during the 2024 season.
With that being said, Mike Moraitis of The Sporting News has slammed the rumors of Rodgers being a potential target for Tennessee.
“However, for the Titans to even consider bringing Rodgers in, they would have to be confident they are just a quarterback away and that Rodgers can put them over the top,” Moraitis wrote. “And, Rodgers would have to believe that the Titans are right there in terms of being a contender. Nothing we’ve seen from Rodgers or the Titans in 2024 has indicated any of those things are the case.”
He continued forward, revealing his thoughts on what the Titans should actually choose to do.
“What the Titans need to do is find their long-term solution under center and not a shaky bridge quarterback,” he wrote. “If Levis doesn’t rebound, Tennessee needs to get their guy in the 2025 NFL Draft, where they will have a high pick.”
Obviously, in an ideal world, Levis would bounce back strong down the stretch of the season. He could still very well do that and there is no denying the talent he possesses.
Bringing in Rodgers would be entertaining, but it wouldn’t change much about the outlook for the franchise. Depending on the price, they could consider signing Rodgers to a one or two-year deal and drafting a rookie. Starting Rodgers and letting a rookie learn from the sideline could make sense.
Even with that being a possibility, the idea of Rodgers to Tennessee just doesn’t make a ton of sense. Fans should not expect to see the Titans try to pursue Rodgers this offseason.
Make sure you bookmark Tennessee Titans on SI for the latest news, exclusive interviews, film breakdowns and so much more!
The Tennessee Titans are just one day away from their next matchup against the Houston Texans at NRG Stadium.
The Titans are looking for their first win since Week 9, when they beat the New England Patriots at home. In the last two weeks, Tennessee has lost by double digits to strong playoff-contending teams, and this week might not be much different against the first-place Texans.
CBS Sports writer Pete Prisco believes the Titans’ struggles will continue, falling 31-21 to the Texans.
“The Texans are playing on a short week, but they looked better on offense against Dallas with Nico Collins back. The Titans will have trouble stopping them this week, so look for the Texans and C.J. Stroud to play well. Will Levis won’t keep up,” Prisco writes.
The Titans will have to stop Houston’s multi-dimensional offense with Joe Mixon on the ground and Collins and Tank Dell through the air. Tennessee has the No. 2 overall defense this season, so it should provide a good test for C.J. Stroud and the Texans offense, but it still doesn’t make them a favorite.
If the Titans want to win against the Texans, they will have to pressure Stroud and take advantage of their offensive line, which has proven to be suspect at times during the season.
When it comes to the Titans’ offense, it needs to take care of the ball. Giving the Texans shorter fields will be the easiest way to lose the game, so if the Titans can prevent the Texans from scoring up close on short drives, they will have a chance to be competitive against their division rival.
Kickoff between the Titans and Texans is set for 12 noon CT tomorrow. The game can be watched on CBS or streamed on Paramount+.
Make sure you bookmark Tennessee Titans on SI for the latest news, exclusive interviews, film breakdowns and so much more!
Tennessee
Tennessee football commit Ethan Utley not looking ahead after Ensworth’s season ends vs McCallie
There was a reason Tennessee football commit Ethan Utley didn’t make any trips to Knoxville during the home stretch of Ensworth’s season.
Utley wanted to be fully locked into the Tigers’ TSSAA football playoffs run.
That’s one reason why Friday’s tearful postgame was so difficult. McCallie ended Ensworth’s season, defeating the Tigers 31-7 to advance to the Division II-AAA state final on Dec. 5 in Chattanooga against Baylor.
Utley, a 6-foot-4, 265-pound four-star defensive lineman, doesn’t know if he’ll enroll early at Tennessee yet. He hasn’t been thinking that far ahead. Everything lately, he said, was about the Tigers trying to reach their first TSSAA football state championship game since 2014.
“It hurts and it will hurt for a while. My mind was set on going to the state championship,” Utley said. “All the personal stuff, it doesn’t really matter. I knew Ensworth was going to be my home and where I would graduate from. I never wanted to transfer. My seniors and I gave it everything we could and just fell short.”
Ensworth (11-1) trailed just 7-0 at halftime. McCallie (10-2) began to put the game out of reach when Vanderbilt commitment Carson Lawrence returned an interception 44 yards for a touchdown to go up 21-7 with 10:46 left.
Utley, who appeared in all 45 of Ensworth’s games since the beginning of his freshman season, played through an injury most of the second half until the pain became too much. He said he was kneed in one of his nerves in his right shin. He was helped to the bench by Ensworth staffers late in the fourth quarter.
“I told myself if it has to end this way, I’m going to have to get dragged off this field,” Utley said. “And that’s what happened.”
Utley is the No. 3 prospect from Tennessee in the 2025 class and No. 21 defensive lineman nationally, according to the 247Sports Composite. He intends to sign with the Volunteers when the early period begins Dec. 4.
“He’s super athletic for his size, very smart,” Ensworth coach Tim Hasselbeck said. “Depending on how he wants to change his body in the weight room, how he eats, he’ll figure out what position he’ll play. I think he could play on either side of the ball. He’s got a very bright future.”
Utley was an easy teammate to get along with, Hasselbeck said. That’s where Utley’s focus was Friday as he hugged players on the field one last time.
But he knows a big stage awaits in Knoxville.
“I’m excited for the competition. I’m grateful to be able to go play Division I football in the SEC. Most kids can’t say they can go do that,” Utley said. “I’ve been through some hard times. For that to be my next step, I’m more than blessed. When I get healthy and get my body right, get back in that weight room, get back on the field and start attacking it more, I’ll start getting ready for the bigger things ahead.”
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Reach sports writer George Robinson at georgerobinsontheleafchronicle.com and on the X platform (formerly Twitter) @Cville_Sports.
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