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Topic: lawsuit

Often the American Rule Sucks

 

American-RuleClarksville, TN – I’m as patriotic as the next guy, but, let’s face it, Americans don’t do everything the best way possible all the time.

One thing we have not done particularly well, in my opinion, is establish an efficient default rule for who should pay attorneys’ fees in the event of a lawsuit.

In my opinion, this is particularly true with respect to breach of contract cases. «Read the rest of this article»

Sections: Business | No Comments
 

Johnny Piper vs. Clarksville Department of Electricity Lawsuit Settlement reached

 
Hank Bonecutter

Hank Bonecutter

Clarksville, TN – Clarksville Online has learned that a settlement has been reached to pay legal fees for the lawsuit involving former mayor Johnny Piper and Clarksville Department of Electricity.

Roger Maness, attorney for Piper, confirmed that he will be paid $33,000 in legal fees for his work relating to the lawsuit filed by Piper.  Maness told Clarksville Online “I’m satisfied with the financial settlement, but disappointed at the outcome of the lawsuit.  We’re still convinced that the action undertaken by the District Attorney and City of Clarksville was unwarranted and unfair.” «Read the rest of this article»

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Update on potential flood lawsuit against U.S. Army Corps of Engineers

 
Hank Bonecutter

Hank Bonecutter

Clarksville, TN – In an update to a story reported earlier at Clarksville Online, it’s been learned that a class-action lawsuit has not been filed on behalf of Clarksville Tennessee area businesses who were affected by the 2010 flooding.  Those interested in filing a claim against the U.S. Army Corps of Engineers will get the opportunity to meet with the law firm of Bass Berry and Sims this Friday morning to understand the procedure of filing that claim.

According to a representative at the Nashville law firm, the statute of limitations will expire in April 2012 for anyone to file a claim related to the 2010 floods that devastated much of the Middle Tennessee area, including Clarksville.

An aerial view of the Riverside Drive McDonalds underwater during the Great Flood of 2010 (Larson Enterprises)

An aerial view of the Riverside Drive McDonalds underwater during the Great Flood of 2010 (Larson Enterprises)

«Read the rest of this article»

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Class Action lawsuit planned over 2010 floods

 
Hank Bonecutter

Hank Bonecutter

Clarksville, TN – There will be a class-action lawsuit filed against the Army Corps of Engineers for their handling of the 2010 floods filed on behalf of several Clarksville businesses.  Clarksville Online has learned that a meeting is scheduled for Friday with the Nashville law firm, Bass Berry and Sims to discuss the arrangements.  There’s been no confirmation that the City of Clarksville will join the suit, since it’s fairgrounds park property was flooded, causing delays in the marina project that was underway at the time.

The 2010 flood caused damages in the millions of dollars to business and property owners along the Cumberland River, when the banks of the river rose over sixty feet above flood stage.

A view of the flooding on Riverside Drive on May 3rd, 2010.

A view of the flooding on Riverside Drive on May 3rd, 2010.

«Read the rest of this article»

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Appeal to be filed over Clarksville Marina lawsuit

 
Hank Bonecutter

Hank Bonecutter

Clarksville, TN – An appeal is being filed in bankruptcy court disputing a 4.8 million dollar judgement awarded in a wrongful termination lawsuit filed against the contractor hired to build Liberty Park.  In an exclusive story on WJZM and Clarksville Online, a subcontractor hired by TMS Contracting was awarded the judgement after it was determined they were unjustly fired from the project.  TMS Contracting is the contractor approved by the City of Clarksville to build the Marina.

Rust of Kentucky had been hired by TMS to do the dirt and excavation work, but according to Mark Rust, president of Rust of Kentucky, inadequate studies and wet conditions prevented his company from doing the work they were hired to do.

Clarksville Marina

Clarksville Marina

«Read the rest of this article»

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Burkhart Firing Appears Counter to City Code

 

Official Seal of the City of ClarksvilleThe recent firing of former Deputy City Fire Chief Jeff Burkhart has many pondering what the city code states on the issue of city employee discipline, termination and due process. A review of the city code due process guidelines shows the following:

PART II CODE OF ORDINANCES
TITLE 1 ADMINISTRATION, OFFICERS, AND PERSONNEL

Chapter 13 PERSONNEL

Sec. 1-1316. Disciplinary action. «Read the rest of this article»

Sections: Opinion | 1 Comment »
 



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