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Cases2021-04-09T19:32:20+00:00

Doe v. Sumner Cty. Bd. of Educ., 2020 U.S. Dist. LEXIS 179280 (M.D. Sept. 29, 2020)

Successful decision for student with disabilities in sexual harassment and failure to accommodate claim brought under Title IX, Section 504 and the ADA.

Brooklyn T. v. Knox Cty., 2020 U.S. Dist. LEXIS 111961, at *1 (E.D. Tenn. June 25, 2020)

Direct action in federal court appropriate for damages where school denied child proper communication device.

B.H. v. Obion Cty. Bd. of Educ., 2019 U.S. Dist. LEXIS 212611 (W.D. Tenn. Dec. 10, 2019)

Successful retaliation decision in favor of parent who was falsely accused by school to DCS after advocating for their child with special needs.

A.G. v. Genesis Learning Ctrs. (In re P.G.), 2019 U.S. Dist. LEXIS 120014, (M.D. Tenn. July 18, 2019)

Requiring school district to defend 504 and ADA claims in addition to IDEA claims before an administrative law judge.

L.H. v. Hamilton Cnty. Dep’t of Educ., 2016 U.S. Dist. LEXIS 153322 (E.D. Tenn. Nov. 4, 2016)

Holding school’s proposed removal of a second grade child with Down syndrome from the general education classroom at his neighborhood school into a comprehensive development classroom (“CDC”) at his non-neighborhood school was more restrictive than necessary; aff’d L.H. v. Hamilton Cty. Dep’t of Educ., 900 F.3d 779 (6th Cir. 2018) Establishing standard for inclusion of children with special needs in the Sixth Circuit and selected as National Case of the Year for Special Education in 2018.

A.H. v. Clarksville-Montgomery Cty. Sch. Sys., 2019 U.S. Dist. LEXIS 20060 (M.D. Tenn. Feb. 7, 2019)

Establishing rights for preschool children with disabilities in Clarksville to be included in general education preschool classrooms.

L.L. v. Tenn. Dep’t of Educ., 2019 U.S. Dist. LEXIS 25194 (M.D. Tenn. Feb. 15, 2019)

Establishing mainstreaming rights for preschool children in Carroll County, West Tennessee.

J.A. v. Smith Cty. Sch. Dist., 364 F. Supp. 3d 813, 837 (M.D. Tenn. 2018) (M.D. Tenn. Mar. 6, 2019)

Kindergarten child with Down syndrome in Carthage, Tennessee has right to mainstream education.

S.P. v. Knox Cty. Bd. of Educ., 329 F. Supp. 3d 584 (E.D. Tenn. 2018)

Defeating summary judgment against school district which busses students with epilepsy to other schools in Knoxville; S.P. v. Knox Cty. Bd. of Educ., 388 F. Supp. 3d 947, 952 (E.D. Tenn. 2019)

C.G. v. Cheatham Cnty. Bd. of Educ., 2016 U.S. Dist. LEXIS 46604 (M.D. Tenn. Apr. 6, 2016)

Denying Defendant’s motion for summary judgment on 504/ADA retaliation claims by parents and child with severe peanut allergies against principal and school.

N.S. v. Tenn. Dep’t of Educ., 2016 U.S. Dist. LEXIS 91589 (M.D. Tenn. July 14, 2016)

Students may pursue claims in federal court against Tennessee Department of Education for failing to properly monitor restraints and isolations in school districts.

AC v. Shelby County Bd. of Educ., 711 F.3d 687 (6th Cir. 2013)

Retaliation against parents of child with Type 1 diabetes for requesting accommodations was legally sufficient—reversing district court.

WH v. TDOE and Knox County Schools, 2016 U.S. Dist. Lexis 7206 (M.D. Tenn. 2016)

TDOE and Knox County properly sued for allegedly rewarding more restrictive environments than necessary.

L.H. v. Hamilton Cty Dep’t of Educ., 2015 U.S. Dist. Lexis 166574 (E.D. Tenn. Dec. 15, 2015)

Approval of $185,000 to child with Down syndrome for alleged systemic violation of rights.

C.G. v. Cheatham Cty, 2015 U.S. Dist. Lexis 77134 (M.D. Tenn 2015)

Retaliation against child and parents of child with severe allergies, under Section 504 and the ADA, does not require exhaustion of administrative remedies.

L.H. v. Hamilton County Dep’t of Educ., 2015 U.S. Dist. Lexis 55103 (E.D. Tenn. 2015)

The State may be sued for violating rights of child with Down syndrome in county school system.

Cockrill v. Metro Gov’t, 2015 U.S. Dist. Lexis 3180 (M.D. Tenn. 2015)

Special education teacher properly brought claims of retaliation against school when she fought for rights of children with special needs.

Grummons v. Williamson County Bd of Educ., 2014 U.S. Dist. Lexis 51983 (M.D. Tenn. 2014)

Department of Children’s Services must disclose all documents to parents relating to any alleged retaliation by school system.

Epperson v. Res. Healthcare, 566 Fed. Appx. 433 (W.D. Tenn. 2014)

Sixth Circuit finds sufficient evidence of retaliation against home health nurse.

Coleman v. United Healthcare Servs., 2013 U.S. Dist. LEXIS 30760 (W.D. Tenn. Mar. 6, 2013)

Denying defendant’s motion to dismiss plaintiff’s THRA claims.

Jackson v. Longistics Transp., Inc., 2012 U.S. Dist. LEXIS 52398 (W.D. Tenn. Apr. 13, 2012)

Denying defendant’s motion for summary judgment because defendant had not shown that an accommodation of plaintiffs’ beliefs would have imposed an undue hardship.

Meyer v. Smith & Nephew, Inc., 2012 U.S. Dist. LEXIS 130547 (M.D. Tenn. Sept. 13, 2012)

Awarding sanctions and fees against defendant for discovery abuse.

Adams v. Tenn. Farmers Mut. Ins. Co., 2010 Tenn. App. LEXIS 262 (Tenn. Ct. App. Apr. 13, 2010)

Upholding decision of the Circuit Court for Chester County finding in favor of plaintiff insured for breach of contract.

SETTLEMENTS

  • $200,000 settlement in a single-plaintiff First Amendment retaliation and ADA failure to accommodate case

  • $150,000 settlement for a couple who was terminated after reporting illegal activity

  • $127,000 settlement in a single-plaintiff disability discrimination claim

  • $300,000 settlement in a single-plaintiff ERISA violation

  • $75,000 single-plaintiff settlement in a FMLA retaliation case

  • Numerous six-figure settlements for damages incurred by public school-children and their parents.

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