Court Rulings

This consolidated appeal arises from a product liability action brought by Donald Coffman and his wife, Carolyn Coffman, after Mr. Coffman was diagnosed with mesothelioma. Plaintiffs asserted several claims against multiple defendants for their alleged involvement in Mr. Coffman's exposure to asbestos at his workplace. The trial court dismissed their claims against some of the original defendants. The court granted summary judgment to the remaining defendants. Specifically, the court found that: (1) plaintiffs' claims against one defendant were time-barred by the four-year construction statute of repose set forth in Tenn. Code Ann. § 28-3-202 (2017) (2) plaintiffs' claims against three defendants were time-barred by the ten-year statute of repose set forth in Tenn. Code Ann. § 29-28-103 (2012) (3) ten defendants affirmatively negated their alleged duty to warn and (4) plaintiffs presented insufficient evidence of causation with respect to seven defendants. The court denied plaintiffs' motion to alter or amend certain summary judgment orders. Plaintiffs filed separate notices of appeal for each final judgment entered by the trial court. These cases were consolidated for the purpose of oral argument before the Court of Appeals. For the reasons stated in this opinion, we vacate all of the final judgments entered by the trial court.

This appeal arises from a dispute concerning the defendant's conduct, which impeded the plaintiffs' use of a state right of way for ingress to and egress from the plaintiffs' commercial property. The trial court entered a judgment in favor of the plaintiffs following its determination that the defendant had created a nuisance and had intentionally interfered with the plaintiffs' business relationships. The defendant has appealed. Discerning no reversible error, we affirm.

The common pleas court did not err in upholding the state medical board's permanent revocation of a doctor's certificate to practice medicine after the board found that the doctor had practiced in the name of others while under suspension for having been convicted of seven felony counts of forgery. The doctor had conceded the misconduct and did not preserve for administrative appeal any argument that he had not engaged in the unauthorized practice of medicine. The court committed no error in finding that the state medical board's order was supported by reliable, probative, and substantial evidence, was in accordance with law, and imposed a sanction authorized by law. And the common pleas court also did not err in finding no constitutional imperative that the board be reconstituted before considering sanctions on remand from an earlier court determination, and that the board on remand had conducted its proceedings in keeping with law and with the court's earlier directives. Assignments of error overruled judgment affirmed.

Magistrate's decision adopted. The magistrate appropriately found that the Industrial Commission of Ohio did not abuse its discretion in suspending further consideration of injured worker's claim under R.C. 4123.651, where injured worker had failed to show good cause for refusing mental/behavioral health testing by his employer's doctor. Writ of mandamus denied.

domestic violence protective order continuous harassment legitimate purpose emotional distress

Violation of ERISA