The intense dispute between Curb Records and Tim McGraw has reignited in a big way. Curb officials have filed a copyright lawsuit in District Court wherein they contend that the singer's latest album, released under the Big Machine Label Group umbrella, was recorded while he was still under contract with them. The move comes seven months after a previous case that originated in Chancery Court concluded with the Tennessee Court of Appeals giving McGraw the right to record for a label other than Curb.
“Curb Records, the recording industry and other industries that rely on personal service contracts ... will suffer broad harm if McGraw and others can ignore the provisions of such agreements, selecting which provisions they may choose to follow and refusing to acknowledge others,” the suit, filed by Curb attorney Jay Bowen, states.
The 6th Circuit Court of Appeals on Monday ruled that an $11 million 2011 verdict against a medical imaging company accused by a whistleblower of violating the False Claims Act was incorrect. The appeals judges said MedQuest Associates, operator of a number of BioImaging facilities in Middle Tennessee, had not violated Medicare payment rules as it relates to physician supervision of procedures. Instead, the company's shortcomings relate to so-called "conditions of participation" in Medicare, which cannot result in a False Claims judgment.
The court also said the penalties levied by District Court Judge John Haynes against MedQuest for using a Medicare billing number belonging to a company it had acquired were not warranted.
“We have little sympathy for MedQuest, which sometimes skirted and appears to have often ignored applicable regulations in the conduct of its centers. However, because these regulations are not conditions of payment, they do not mandate the extraordinary remedies of the FCA and are instead addressable by the administrative sanctions available, including suspension and expulsion from the Medicare program.”
SEE ALSO: Waller's take on the 2011 verdict
Live events marketing firm TBA Global is suing young Tennessee-based competitor LEO Events over an alleged breach of non-solicitation agreements and trade secret snatching.
According to the suit filed in U.S. District Court of Middle Tennessee, several employees left TBA Global last summer to join LEO Events, the creation of the merger of Memphis-based Destination King and Quiddity Entertainment out of Chattanooga. TBA Global, which runs an office in Cool Springs, contends that the executives leading LEO violated agreements about hiring former colleagues and seeking customer business.
The lawsuit — view it in full here — claims that LEO Events specifically poached employees Kevin Underwood, David Kenyon and Amy Manzanares from TBA Global. The trio had been in charge of accounts like Walmart, IBM, State Farm and Bank of America.
TBA Global is asking the court for a preliminary and permanent injunction against LEO to prevent its people from soliciting former clients. The lawsuit also asks for treble and punitive damages and attorney's fees.
District Court Judge Aleta Trauger this week said a class action accusing Wal-Mart Stores of paying its female employees less than their male coworkers can't proceed because it was filed too late. Attorneys for the plaintiffs say they will take their case to the Sixth Circuit Court of Appeals. The women had sued Wal-Mart last fall after the U.S. Supreme Court in 2011 said a national discrimination case could not move forward.
U.S. District Court Judge John Nixon has sided unequivocally with advertising service Backpage.com in its tussle with state legislators who last year targeted websites selling ads they say promote child sex trafficking. In a ruling today, Nixon said the new law violates three sections of the Constitution as well as the 1996 Communications Decency Act.
“The Constitution tells us that — when freedom of speech hangs in the balance — the state may not use a butcher knife on a problem that requires a scalpel to fix,” Nixon wrote in the order. “Yet, this appears to be what the Tennessee legislature has done in passing the law at issue.”
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