lawsuit Archives - Tennessee Star

Justice Dept. Files Landmark Antitrust Case Against Google

October 21, 2020October 20, 2020 The Associated Press

The Justice Department on Tuesday sued Google for antitrust violations, alleging that it abused its dominance in online search and advertising to stifle competition and harm consumers.

The lawsuit marks the government’s most significant attempt to protect competition since its groundbreaking case against Microsoft more than 20 years ago. It could be an opening salvo ahead of other major government antitrust actions, given ongoing investigations of major tech companies including Apple, Amazon and Facebook at both the Justice Department and the Federal Trade Commission.

Supreme Court Declines to Hear Tennessee’s Challenge to Federal Refugee Resettlement Program

October 17, 2020October 16, 2020 Jason M. Reynolds

The U.S. Supreme Court said this week it will not hear Tennessee’s challenge of the federal refugee resettlement program, which claimed it violated the 10th Amendment.

Tennessee’s Republican-led government had asked for the review, The Associated Press reported. The court filed its denial earlier, letting a lower court ruling stand.

Nashville Based Attorney Kirk Clements Representing Steve Smith Discusses the Case Against Mayor Cooper and Metro Health Officials

September 30, 2020September 29, 2020 Julie Carr

Tuesday morning on The Tennessee Star Report, host Michael Patrick Leahy welcomed Nashville-based attorney Kirk Clements who is handling the lawsuit against Mayor Cooper to highlight the details of the case formed by Lower Broadway restaurant and bar owners.

Interim Ohio Health Director Himes Succeeds in Moving Mask Lawsuit to His Home Turf

September 28, 2020September 27, 2020 Jason M. Reynolds

Interim Ohio Health Director Lance Himes succeeded in requesting that a lawsuit to overturn the use of masks in public schools be moved out of Putnam County Common Pleas Court and into his home turf, The Lima News reported.

The case has moved to Franklin County. The plaintiffs live largely in Northwest Ohio, in communities including Leipsic, Berkey and Perrysburg.

No Credible Evidence to Support Nashville Mayor John Cooper’s July Shutdown of Bars and Reduction of Restaurant Capacity, Despite Bullying Tactics by His Administration

September 21, 2020September 26, 2020 Jason M. Reynolds

When Nashville Mayor John Cooper announced at a July 2 press conference that he was shutting down all the city’s bars for 14 days, reducing restaurant capacity from 75 percent to 50 percent, and temporarily closing event venues and entertainment venues, all due to “record” cases of COVID-19 traceable to restaurants and bars, he apparently knew that his own Metro Health Department said less than two dozen cases of COVID-19 could be traced to those establishments. But he failed to disclose that the “record” of bar and restaurant traceable cases to which he referred to was about one tenth of one percent of Davidson County’s 20,000 cases of COVID-19.

California Mothers Sue California Gov. Newsom, Saying His Partial Reopening of Schools Hurts Special Needs Students, Causes Anxiety Over Grades

September 15, 2020September 15, 2020 Jason M. Reynolds

Four mothers have filed a lawsuit against California Gov. Gavin Newsom over his coronavirus education plan, claiming adverse effects including anxiety over poor grades and lack of special education access.

The lawsuit was filed Sept. 10 in Shasta County Superior Court by the Freedom Foundation on behalf of the northern California families. The complaint is available here.

The plaintiffs allege the plan that requires students to be in classes part-time denies them their constitutional right to a quality education as enshrined in the California Constitution.

Metro School Board Member and Plaintiff Fran Bush Says Constitutional Lawsuit Against Former Superintendent Dr. Shawn Joseph is Still Pending

September 8, 2020September 7, 2020 Jason M. Reynolds

The lawsuit against former Metro Nashville Public Schools superintendent Dr. Shawn Joseph and the Metro government is still pending, one of the plaintiffs, a school board member, says.

Fran Bush is one of three MNPS school board members who are suing Joseph and the Metro government. The other plaintiffs are board members Jill Speering and Amy Frogge.

‘Tennessee Stands’ Files Lawsuit Claiming Statute Deeming Governor’s Executive Orders Having Full Force and Effect of Law Unconstitutional

August 25, 2020August 24, 2020 Laura Baigert

Citizens for Limited Government and Constitutional Integrity, Inc. doing business as Tennessee Stands filed a lawsuit in Davidson County Chancery Court Monday against Governor Bill Lee on the grounds that the state statute deeming the governor’s executive orders have the full force and effect of law is unconstitutional.

Tennessee Stands founder and president Gary Humble along with Rodney Lunn, the plaintiffs in the case, reference Tennessee Code Annotated (T.C.A.) 58-2-107 which dates back to 2000.

Commentary: Time to Grab Some Popcorn as Attorney Lin Wood Agrees to Take on Carter Page’s Case

July 28, 2020July 28, 2020 Admin

Lin Wood, the attorney representing a Kentucky teenager in a number of defamation lawsuits against major media outlets, announced a settlement Friday with the Washington Post. The terms of the agreement between the family of Nicholas Sandmann – the Covington Catholic High School student accused of disrespecting a “native elder” while wearing a “Make America Great Again” hat during the January 2019 March for Life – remain secret.

Wood and Sandmann settled a similar lawsuit against CNN earlier this year. Cases still are pending against NBC News, ABC News, CBS News, the New York Times, Rolling Stone, and Gannett.

Lawyers Help Ohio Business Owners Organize Lawsuits Into Class Action to Take on DeWine’s Shutdown Regulations

July 17, 2020July 16, 2020 Jason M. Reynolds

Ohio business owners who are fed up with Gov. Mike DeWine’s ever-lasting shutdown regulations are joining their lawsuits together into a class action against the state.

Three lawyers are working together to help combine existing lawsuits and are looking for other owners whose livelihoods are being threatened by what they say are unconstitutional orders. The suit against the DeWine administration and other government agencies was filed in the Ohio Court of Common Pleas in Lake County.

White Singing Group Formerly Known as Lady Antebellum Seeks Legal Ruling to Confirm Appropriation of Name ‘Lady A’ from Black Singer

July 13, 2020July 12, 2020 Jason M. Reynolds

The white country band formerly known as Lady Antebellum has chosen to show racial “sensitivity” by suing to appropriate the name “Lady A” from Anita White, a black singer who has used the moniker for decades.

Lady Antebellum on June 11 said they would start going by the name Lady A since “antebellum” carried racial connotations, Billboard said. The suit was filed July 8 in Nashville’s U.S. District Court for the Middle District of Tennessee.

Buckeye Institute Sues Over Law Allowing Columbus to Collect Income Taxes From Commuters Despite Emergency Order Preventing Them from Working in the City

July 10, 2020July 9, 2020 Jason M. Reynolds

The Buckeye Institute said that it and three employees filed a lawsuit over the taxing of workers’ income in Columbus since they do not live in the city and were not allowed to work there during Ohio’s Stay-at-Home order.

The lawsuit, which is available here, was filed in the Court of Common Pleas in Franklin County.

Nessel and Four States Sue DeVos over Federal School Aid Rule

July 9, 2020July 8, 2020 Admin

Michigan Attorney General Dana Nessel and the attorneys general of four other states are suing U.S. Education Secretary Betsy DeVos over a July 1 rule that requires sharing funds from the Coronavirus Aid, Relief and Economic Security (CARES) Act between private and public schools.

Nessel called DeVos’ rule “a flagrant violation of the plain language of the [CARES] Act.”

Federal Judge Dismisses Republican Lawsuit Over Constitutionality of Redistricting Commission

July 7, 2020July 6, 2020 Jordyn Pair

A federal judge on Monday dismissed a lawsuit backed by the Michigan Republican Party that claimed restrictions on members of the redistricting commission in the state were unconstitutional.

The Michigan Republican Party and Tony Daunt, the executive director for the Michigan Freedom Fund, had originally submitted two separate lawsuits that later joined together claiming that the voter-backed redistricting commission violated their constitutional rights, including right to association.

Black Worker Files Discrimination Complaint Against Facebook

July 6, 2020July 5, 2020 The Associated Press

While there may be Black Lives Matter posters on Facebook’s walls, the complaint says, “Black workers don’t see that phrase reflecting how they are treated in Facebook’s own workplace.”

Government Retaliation Prompts Expansion of Lawsuit Against Mayor Cooper and Governor Lee Over COVID-19 Orders

July 5, 2020July 4, 2020 Laura Baigert

A legal complaint brought by a local bar owner against Nashville Mayor John Cooper and Tennessee Governor Bill Lee for violating constitutional rights with their respective orders related to COVID-19 has since expanded due to more recent retaliatory events.

The original complaint was filed in late May, The Tennessee Star reported, with an amended version filed with the U.S. District Court for the Middle District of Tennessee about a month later.

Judge Rules Nashville Soccer Stadium Vote Violated Open Meetings Act, Requires Revote

June 26, 2020June 25, 2020 Jason M. Reynolds

A Chancery Court judge ruled that Metro Nashville’s contract to build the Major League Soccer stadium on The Fairgrounds Nashville is invalid because the meeting approving it violated the Tennessee Open Meetings Act, WSMV reported.

The Sports Authority gave only 48 hours’ notice before holding a special meeting to sign off on the $192 million contract with M.A. Mortenson Co./Messer Construction Co. on November 1, 2018.

‘Cancel the Cancel Culture’: Sauk Rapids Bar Owner Sues Liberal Group for Defamation

June 25, 2020June 24, 2020 Anthony Gockowski

The owner of a Sauk Rapids bar and restaurant has sued a local activist group for defamation after it boasted about getting the business removed from a tourism website.

Rollie Hogrefe, owner of Rollie’s Rednecks and Longnecks, filed a defamation and tortious interference lawsuit Wednesday against the “radical agitators” of UniteCloud and its executive director Natalie Ringsmuth.

Judge Declines to Pause Order Reopening Gyms, Despite Whitmer Request

June 24, 2020June 23, 2020 Jordyn Pair

A federal judge refused on Monday to pause an order to reopen indoor gyms in Michigan, despite Gov. Gretchen Whiter filing an appeal in a higher court.

U.S. District Court Judge Paul Maloney ruled on Friday that indoor gyms could reopen on June 25. Gyms are not explicitly permitted in the MI Safe Start plan, which denotes when certain industries can reopen in Michigan. Maloney said in his opinion that gyms would be held to the same standard as other workplaces.

Gov. Lee Considers Calling Special Session of Legislature to Pass Bill Giving Businesses Protection From COVID-19 Lawsuits

June 22, 2020June 21, 2020 Jason M. Reynolds

Gov. Bill Lee is thinking about calling the Legislature in for a special session to pass a bill to provide retroactive COVID-19 legal protection for businesses, the Chattanooga Times Free Press said.

The General Assembly ended their session on Friday without the House passing the Tennessee Recovery and Safe Harbor Act. It received 46 of 50 votes needed. House Majority Leader William Lamberth (R-Portland) questioned whether the measure was legal under Tennessee’s Constitution regarding the impairment of contracts. (The Senate had approved the bill.)

Republicans Say Gov. Walz Has Failed to Provide Legal Justification for Coronavirus Shutdown

June 21, 2020June 20, 2020 Anthony Gockowski

Republican lawmakers who sued Gov. Tim Walz said Friday that he has failed to provide legal justification for his response to the coronavirus pandemic.

“We are winning on this issue, and Gov. Walz knows it,” said Rep. Jeremy Munson (R-Lake Crystal), one of 13 Republican lawmakers who joined a lawsuit against Walz over his use of emergency powers during the pandemic.

Eight Bars, Restaurants Sue Acton, DeWine Over ‘Constitutionally Vague’ Restrictions

June 9, 2020June 8, 2020 Jason M. Reynolds

A lawsuit has been filed against Ohio Health Director Dr. Amy Acton and Gov. Mike DeWine in Lake County Common Pleas Court over “constitutionally vague” restrictions on restaurants and bars, The News-Herald reported.

The case has been assigned to Lake County Common Pleas Court Judge John P. O’Donnell. The plaintiffs are eight bars and restaurants, all but one being located in Northeast Ohio.

Publishers Sue the ‘Wayback Machine’ Internet Archive Over Scanning of Books

June 2, 2020June 2, 2020 The Associated Press

Four of the country’s biggest publishers have sued a digital library for copyright infringement, alleging that the Internet Archive has illegally offered more than a million scanned works to the public, including such favorites as Toni Morrison’s “Song of Solomon,” Malcolm Gladwell’s “Blink” and Cormac McCarthy’s “The Road.”

Judge Sides with Whitmer in State of Emergency Extension Fight

May 23, 2020May 22, 2020 Jordyn Pair

A Michigan Court of Claims judge has ruled in the favor of Gov. Gretchen Whitmer, saying that she had the authority to extend Michigan’s state of emergency order.

Judge Cynthia Stephens said that while Whitmer had the authority to extend the order under the Emergency Powers of the Governor Act of 1945, she did overstep by trying to extend it under the Emergency Management Act of 1976, which requires legislative authority, according to reporting by The Detroit News.

Jason Lewis Files Lawsuit Against Gov. Walz Over Stay at Home Order

May 20, 2020May 19, 2020 Anthony Gockowski

Republican Senate candidate Jason Lewis announced Tuesday that he has filed a lawsuit against Gov. Tim Walz over his stay-at-home order.

The lawsuit marks at least the third legal challenge to Walz’s stay-at-home order. According to a press release from Lewis’s campaign, the lawsuit was filed in the U.S. District for the District of Minnesota.

Minnesota Churches, Business Owners File Second Lawsuit Against Walz’s ‘Draconian’ Shutdown Orders

May 8, 2020May 7, 2020 Anthony Gockowski

A second lawsuit was filed Wednesday against Gov. Tim Walz on behalf of multiple Minnesota churches and small business owners.

The complaint asks the U.S. District Court for the District of Minnesota to strike down Walz’s emergency executive orders issued during the coronavirus pandemic as unconstitutional under the First, Fifth, and 14th Amendments.

GOP Congressman Sues Whitmer, Says Lockdowns Are Unconstitutional

May 7, 2020May 6, 2020 Jordyn Pair

U.S. Rep. Paul Mitchell (R-MI) has sued Gov. Gretchen Whitmer over her executive orders concerning the coronavirus pandemic.

The lawsuit alleges that Whitmer’s stay-at-home order and businesses restrictions have violated his rights and those of all Michigan residents.

“Michiganders can and do take reasonable, private action to protect themselves from infection without the need to shut down civil society,” Mitchell said in the lawsuit.

Ohio Health Director Amy Acton Sued for Ban on Non-Essential Businesses

April 19, 2020April 18, 2020 Anthony Gockowski

The Ohio Department of Health was sued in federal court Thursday for its ban on “non-essential businesses” during the coronavirus pandemic.

Carter Page Sues DNC Over Steele Dossier

January 31, 2020January 30, 2020 Admin

Former Trump campaign adviser Carter Page filed a lawsuit Thursday against the Democratic National Committee and the law firm that commissioned the infamous Steele dossier, and his lawyer suggests there is more litigation to come.

Central Witness in Trayvon Martin Trial Was Imposter, George Zimmerman Said in $100M Suit

December 6, 2019December 5, 2019 Admin

The Trayvon Martin case was built on a fraud, with a key witness being swapped out with an imposter when the real witness wouldn’t testify, George Zimmerman said in a lawsuit Wednesday.

Ohio’s AG Yost Tells OptumRx ‘We’ll See You in Court’ for Overbilling the State’s Bureau of Workers Compensation Millions

November 26, 2019November 25, 2019 Beth Lear

Attorney General Dave Yost announced Monday he amended his lawsuit filed against pharmacy benefit manager (PBM) OptumRx, claiming the PBM excessively charged the Ohio Bureau of Workers Compensation for generic drugs. The overcharge totaled nearly $16 million. It is now “significantly more.”

Immigration Watchdog Files Brief to Defend Immigration Policy in Lawsuit From Illegal Alien Who Demands Maid Service

October 26, 2019October 25, 2019 Jason M. Reynolds

The Immigration Reform Law Institute (IRLI) filed a friend-of-the-court brief in a case Friday that seeks to dismantle the federal government’s detention of illegal aliens, in a case started by an illegal immigrant who didn’t want to clean her own space, a requirement she called slavery.

ACLU Sues State of Ohio Over Heartbeat Bill

May 17, 2019May 16, 2019 Jason M. Reynolds

The American Civil Liberties Union has sued the State of Ohio over the recently signed “Heartbeat Bill” (SB 23), which is set to take effect on July 10. [pdf-embedder url=”http://battlegroundstatenews.com/wp-content/uploads/2019/05/OhioHeartbeatBillComplaint.pdf”] The lawsuit seeking declaratory and injunctive relief was filed in the U.S. District Court Southern District of Ohio…

Feds Plan to Add State Rep. Dickerson to Pain Management Company Fraud Lawsuit, Reports Say

April 26, 2019April 25, 2019 Jason M. Reynolds

A federal judge has granted prosecutors’ requests to intervene in whistleblower complaints against Comprehensive Pain Specialists (CPS), and Tennessee Sen. Steve Dickerson (R-TN-20) is being added as a defendant, multiple media outlets report. Judge Aleta Trauger of the United States District Court for the Middle District of Tennessee granted…

Ohio Attorney General Pushes to Reform Drug Pricing By Focusing on Middlemen

April 26, 2019April 25, 2019 Andrew Shirley

Ohio Attorney General Dave Yost blasted the middlemen responsible for negotiating drug prices on behalf of the state Monday, calling for immediate legislative action. The move comes a month after the state formally launched a lawsuit against the pharmacy benefit managers (PBM) responsible for the negotiations. Currently, Ohio cannot directly…

Last of Lordstown Auto Parts Manufacturing Ends Two Months Early: More Layoffs to Follow

April 18, 2019April 17, 2019 Andrew Shirley

The last manufacturing orders left for the rapidly shuttering Lordstown Auto Plant finished up on April 5. The project – metal stamping replacement parts for the Chevy Cruze – was slated to last until June, ensuring work for those few employees still not laid off. With the job wrapping up…

Supreme Court Hears Gerrymandering Case That Could Extensively Redraw the Ohio Electoral Map

March 27, 2019March 26, 2019 Andrew Shirley

The United States Supreme Court began hearing oral arguments Tuesday on a pair of cases that could lead to the Ohio electoral map being completely redrawn. The two cases, Rucho v. Common Cause and Lamone v. Benisekm, could both set precedents that could supersede a similar Ohio case making its way to…

Columbus Civil Servant Sues Union Over Forced Payments

March 21, 2019March 20, 2019 Andrew Shirley

A city employee of Columbus, Ohio has filed a class action lawsuit against her local labor union for forcing her to pay union fees, despite the practice being ruled unconstitutional. Janus v. American Federation of State, County, and Municipal Employees (AFSCME) was one of the most impactful Supreme Court rulings…

Columbus Ohio Files Suit Against Ohio Over Gun Law

March 20, 2019March 19, 2019 Andrew Shirley

Columbus City Attorney Zach Klein announced Tuesday the City of Columbus would sue the state of Ohio over new gun law passed late last year. As previously reported, House Bill 228 (HB 228) established: Through an override of Ohio Governor John Kasich’s veto, the Ohio congress passed HB 228, expanding a…

Tennessee Lawsuit Seeks to Hold 3M Liable for Defective Combat Earplugs That Allegedly Harmed Hearing of Two Marine Combat Veterans

March 13, 2019March 12, 2019 Admin

Two Marine veterans are claiming the 3M company owes them for loss of hearing they have suffered due to defective earplugs manufactured by the 3M Company and sold to the U.S military for more than a decade. Last summer the U.S. Department of Justice and 3M reached a $9.1 million…

Ohio Judge Recommends Resignation for Disgraced ‘Gang of Five’ City Council Members

March 8, 2019March 7, 2019 Andrew Shirley

County Judge Robert Ruehlman called on five Cincinnati City Council members – all Democrats – to resign Thursday following revelations the group, the so-called “Gang of Five” violated several Ohio Sunshine Laws. On April 9, 2017, a conservative watchdog group filed a startling lawsuit. Mark Miller, Ohio citizen and treasurer of…

More Than 20 States Sue Trump Administration Over Title X Abortion Funding ‘Gag’

March 6, 2019March 5, 2019 Admin

by Grace Carr Twenty states will file a lawsuit Tuesday against the Trump administration over its latest move to force abortion clinics to separate abortion from other health care services in order to qualify for Title X funding. The states will file their suit in a U.S. District Court…

Trump Was Sued Over His National Emergency Declaration in Less Than Six Hours

February 17, 2019February 16, 2019 Admin

by Kevin Daley Public Citizen, a Washington-based consumer group, filed the first lawsuit challenging President Donald Trump’s national emergency declaration concerning the southern border Friday night. The complaint, lodged in the U.S. District Court for the District of Columbia, says the president’s declaration violates the separation of powers principles…

As Many as 34 Deaths in Ohio Now Attributed to Doctor Husel’s Lethal Opioid Dosing

January 26, 2019January 25, 2019 Andrew Shirley

Thursday, the Mount Carmel Hospital released a shocking report that revealed the crimes of Doctor William Husel were far more extensive and well known than previously noted. As first reported on January 18th, the Mount Carmel Hospital confirmed that Dr. Husel was being investigated for malpractice. The young doctor had allegedly prescribed…

North Carolina Legislature Files Motion to Dismiss Voter ID Complaint

January 24, 2019January 24, 2019 A.P. Dillon

The attorneys representing the North Carolina General Assembly have filed a motion to dismiss a complaint filed against a law tied to the state’s recently passed Constitutional Amendment regarding Voter ID. The people of North Carolina chose to add voter ID to their state constitution and the court should dismiss…

275,000 Inactive Voters in Ohio Sent ‘Last Chance’ Notice to Confirm Eligibility Before Being Purged

January 13, 2019January 12, 2019 Andrew Shirley

This week, Ohio Secretary of State Jon Husted has triggered one of the most consequential and controversial “voter integrity” measures in the country. 275,000 inactive voters, registered in Ohio, have been sent “last chance” letters, informing them that if they do not confirm their current address and voting status, they will…

Drug Companies Seek Gag Order Against Republican Gov.-Elect Mike DeWine for Speaking Out on Opioid Crisis

January 7, 2019January 6, 2019 Andrew Shirley

Friday, lawyers representing some of the nation’s largest drug manufacturers began an attempt to sanction and silence Governor-elect Mike DeWine, stemming from his involvement in a lawsuit he initiated as Ohio Attorney General. The motion, filed by an amalgamation Big Pharma attorneys, accuse DeWine, along with lawyers Mike Moore and…

Ohio Federal Judge Clears Way for Massive Opioid Lawsuit

December 21, 2018December 21, 2018 Andrew Shirley

A massive lawsuit by 1,500 counties, cities, townships, and other communities nationwide, against the opioid industry has been permitted to move forward by a federal judge in Ohio. Over the past two years, local and state governments in Mississippi, Ohio, West Virginia, Kentucky, Nevada, Texas, Florida, North Carolina, North Dakota, Tennessee,…

Document Details the Eye-Popping Amount Attorneys Stand to Make From Climate Crusades

December 15, 2018December 14, 2018 Admin

by Chris White One of the law firms involved in a trove of California lawsuits targeting ExxonMobil and other energy companies is poised to rake in millions of dollars from their climate crusades, according to Climate Litigation Watch. Sher Edling LLP could capitalize on a big pay-day if San…

Harvard Faces Another Race Discrimination Lawsuit

December 5, 2018December 5, 2018 Admin

by Kevin Daley An anti-affirmative action coalition has filed a pair of lawsuits against Harvard and New York University, accusing both institutions of unlawful race and sex discrimination in the operation of their respective law review journals. The complaints allege Harvard and NYU use unlawful identity criteria when selecting…