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.”
Copyright 2022 The Related Press. All rights reserved. This materials might not be printed, broadcast, rewritten or redistributed with out permission.
Tennessee
Sources: Vols, DC Banks reach contract extension
The Tennessee Volunteers and defensive coordinator Tim Banks have agreed to a contract extension, sources told ESPN on Wednesday.
Banks led one of the country’s top defenses in 2024. The Vols held 11 of their 13 opponents under 20 points on defense and finished fifth nationally in yards per play allowed (4.56).
Banks received interest from multiple teams and coached this season on a contract that expires at the end of January. His new deal will pay him in the $2 million range annually, sources told ESPN, after he made $1.5 million this season.
A finalist for the Broyles Award as the top assistant coach in college football this season, Banks has been with Josh Heupel all four seasons at Tennessee after coaching under James Franklin at Penn State for five seasons.
Banks, 53, could be without one of his top players for part of next season. Cornerback Jermod McCoy, an ESPN second-team All-American, underwent surgery after tearing an ACL while training at his home in Texas, school officials said.
McCoy will miss spring practice, and his rehabilitation and recovery will determine whether he can get back in time for the start of the 2025 season.
The transfer from Oregon State was a key part of Tennessee’s defense as a sophomore and one of the top returning defensive backs in college football. He tied for the team lead with four interceptions, led the team with nine pass breakups and finished third with 44 total tackles. His 90.3 coverage grade by Pro Football Focus ranked fifth nationally among cornerbacks during the regular season.
Tennessee tied for seventh nationally with 11 touchdown passes allowed in 13 games.
Tennessee
Tennessee House GOP poised to pass ‘two-strike’ rule to remove disruptive protestors
Tennessee legislature: 3 key issues to watch
The 114th Tennessee General Assembly convenes on Jan. 14 for a new two-year term.
Tennessee Republicans are poised to pass new rules that would allow House Speaker Cameron Sexton to ban a spectator from the House gallery for the entirety of the legislative session, an escalation of public protest guardrails the GOP supermajority has implemented in the last two years.
The new two-strike rule allows the speaker to order anyone in the gallery removed for disorderly conduct. If a person is removed once, they will be blocked from returning to the gallery for that day and the next legislative day.
Once a person is deemed disorderly and removed a second time, though, they can be prohibited from the gallery “for any period up to the remainder” of the legislative session.
Sexton could also immediately ban someone for “especially egregious conduct.”
Republicans also gave initial passage Tuesday in the House Rules Committee to a new three-strikes provision that would block a disorderly member from the House chamber, as well.
How Sexton, R-Crossville, might define disorderly or “especially egregious” conduct is fully at his discretion, a point House Democrats have repeatedly criticized over what they argued was inequitable application of the rules. Democrats have argued that by holding supermajority the GOP has total power to define what is and is not considered out of order.
The new rules package come amid several sessions of heated public pushback, typically sharply critical of House Republicans, that first began as gun control protests in the wake of the 2023 Covenant School shooting.
Since then, House Republican leadership has implemented increasingly stringent speaking rules for members, instituted certain signage bans for members of the public and blocked off one-half of the public House gallery for ticketed entrance.
Rep. Yusuf Hakeem, D-Chattanooga, was one of the three Democrats on Tuesday’s House committee that voted against the rules package.
“If the representative can’t be heard, if they can’t express themselves, and then the people are being put out, who are you listening to?” Hakeem asked Rep. Johnny Garret, R-Goodlettsville, who presented the GOP rules package.
Garrett, an attorney, likened the House chamber to a courtroom. Public access does not mean there aren’t rules to follow, he argued.
“Courts in the state of Tennessee are wide open, you and I can walk in and observe,” Garrett said. “But we do not have the constitutional right to scream bloody murder inside a courtroom. That judge would slap us with contempt and throw us in jail.”
Under the new three-strikes rule for House members, a representative who is “called to order” for breaking House rules, which the rules package also refers to as “unruly behavior,” will at first face a limit on their speaking time. For the second transgression, the member would be silenced for two legislative days.
A third transgression could trigger total removal from the House chamber for three legislative days.
Garrett said the House would set up a remote voting chamber in a committee room to allow the member to cast votes.
The remote voting rule appears targeted at Rep. Justin Jones, D-Nashville, who frequently clashes with Sexton and other House Republicans on the chamber floor.
Jones demurred Tuesday when asked if he felt the remote voting punishment was aimed at him but described the rules package overall as “authoritarianism without guardrails.”
“It’s going to impact the right of the public to be here in this building, going to impact their rights and their ability to show up in the capital,” Jones said.
In other rule changes, House members’ bill allowance will drop over the next two years. Members previously could file 15 bills each but would be held to 12 bills in 2025. Next year, the bill allowance would drop to 10 per member. Committee chairs and other leadership would have a higher allowance.
Republicans voted down all rules changes proposed by Democrats, including one brought by Jones to curtail conflicts of interest between lawmakers married to lobbyists.
Republicans also blocked a ban on guns in committee rooms. Firearms are currently banned from the state Capitol but allowed in the adjoining office building.
The new rules package must be adopted by the full House before any changes go into effect, but Republicans easily have the votes to pass the package.
Tennessee
Injury Report: Tennessee's Cade Phillips 'getting his chippiness back' despite shoulder injury
Tennessee Basketball’s injury report on Tuesday night once again listed only sophomore forward JP Estrella, who had season-ending foot surgery in November, as out for Wednesday’s game against Georgia.
But the left shoulder injury for sophomore forward Cade Phillips isn’t going away. Phillips continues to wear a brace on the shoulder in practice and games, playing through pain while hesitating to the left arm he injured in the second half against Arkansas on January 4.
“Cade is tough as nails, that’s a good thing,” Tennessee assistant coach Lucas Campbell said before practice on Tuesday. “In the games he’s told me adrenaline takes over and he starts to just go.”
No. 6 Tennessee (15-1, 2-1 SEC) and No. 23 Georgia (14-2, 2-1) on Wednesday are scheduled for an 8 p.m. Eastern Time start (TV: SEC Network) at Food City Center. The Bulldogs listed all players as available on Tuesday’s injury report.
Phillips scored four points in 10 minutes off the bench in the 74-70 win at Texas on Saturday night, going 2-for-3 from the field with four rebounds. He played just three minutes in the loss at Florida last Tuesday.
“He missed a bunny there (at Texas),” Campbell said. “I don’t know if that had to do with his shoulder or not, but he did a great job. He had a nice put-back dunk.
“He’s getting his chippiness back. We need that. He’s probably the most physical big we have as far as hitting people.”
Cade Phillips suffered dislocated shoulder injury vs. Arkansas
Head coach Rick Barnes said Phillips “battled” through the injury at Texas.
“Really proud of Cade Phillips tonight,” Barnes said after the win at Texas. “Really proud. He went in the game and he battled. And his shoulder is not what it needs to be.”
The ESPN2 broadcast of the Tennessee-Florida game described the injury as a dislocated shoulder. He has worn a brace on his left shoulder since suffering the injury.
Barnes said after the Arkansas game that Phillips could have played more in the second half after getting hurt, but the score didn’t make it necessary.
Cade Phillips averaging 15.9 minutes per game off the bench
Phillips is averaging 5.9 points and 4.1 rebounds in 15.9 minutes per game this season.
He was injured while chasing a loose ball in the second half against Arkansas, going to the Tennessee locker room briefly before returning to the floor. He finished the Arkansas game 11 minutes played.
The three minutes he played at Florida was a season low.
“He wasn’t the same in terms of like the one lob he went up for,” Barnes said last week, “he didn’t even raise his left arm. He went up and tried to get it one-handed, which that’s one reason he didn’t play more.”
“Cade’s tough,” Barnes added. “He’s never going to complain. He’s just … I could tell he wasn’t normally what he is.”
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