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TVA Kingston Fossil Plant Ash Spill Litigation
A private nuisance class action suit on behalf of downstream riparian owners pending in the United States
District Court for the Eastern District of Tennessee. The Plaintiffs charge TVA with liability for the
December 22, 2008 catastrophic failure of a coal ash containment dike located in the Watt’s Bar Reservoir’s
Swan Pond embayment near Kingston, Tennessee. 5.4 million cubic yards of coal ash sludge spilled onto
adjacent land and into the Emory River. Plaintiffs contend that the massive discharge of coal ash sludge
substantially and unreasonably interfered with the Plaintiffs’ right to use and enjoy their property.
This is one of a number of class action suits have been filed against TVA by landowners. TVA has filed a
motion to dismiss all of the suits, arguing, among other things, that it may not be held liable as a
governmental agency for the damages caused by the dike failure. The parties have briefed the legal issues
raised by TVA’s motion. There is no timetable for the Court’s decision.

Downloads
Class Action Complaint
Office of Inspector General Report

Pigeon River
Tennessee
Plaintiffs in these six consolidated class actions are approximately 300 Cocke County, Tennessee
downstream riparian owners who seek damages for private nuisance against Canton, North Carolina paper
mill owner Blue Ridge Paper Products, Inc. Plaintiffs allege that Blue Ridge discharges waste and chemicals,
including arsenic, chloroform, iron, lead, mercury, oil and grease into the Pigeon River, causing the river to
be brown in color, odorous and filled with foam. The cases are pending in the United States District Court
for the Eastern District of Tennessee in Greeneville.

The Court will next take up the issue of whether to certify this case as a class action.
Gordon Ball grew up along the banks of the Pigeon River in the Cocke County town of Hartford. In the first
class action against the owner of the Canton mill, Ball and co-counsel represented approximately 2600
landowners against Champion International, which had polluted the Pigeon River for nearly 80 years. The
Plaintiffs recovered $6.5 million in that action. The most recent lawsuit to go to trial – against the new mill
owner – resulted in a jury verdict of $2 million against Blue Ridge Paper Products, Inc.

Downloads
Amended Class Action Complaint
Freeman, et al. v. Blue Ridge Paper Products, Inc.

North Carolina
Like the Tennessee litigation against Blue Ridge, this class action was filed on behalf of about 600 riparian
owners who live on the Pigeon River immediately downstream from the Canton, North Carolina paper mill.
This case was filed in August 2009.

Southeastern Milk Antitrust Litigation
Plaintiffs are milk retailers – Food Lion, a large chain-grocer – and Family Foods, a small Tennessee grocery
market – who brought this massive antitrust class action against Dean Foods, the largest single milk bottler
in the United States, and Dairy Farmers of America, the largest dairy cooperative in the United States, and
others. The Plaintiffs charge Dean and DFA with creating an illegal monopoly in the Southeast United States
among milk bottlers for the sale of processed milk. The Plaintiffs charge that the monopoly has caused
retailers to pay higher prices for processed Grade A milk and seek, among other relief, an injunction and
three-fold damages.

The case is one of several similar cases pending in the United States District Court for the Eastern District
of Tennessee against these Defendants. The Court has denied motions to dismiss the cases. In this case,
the Court will next decide whether to certify a class of retailers.

Downloads
Amended Class Action Complaint

NCAA Antitrust Litigation
This is a class-action antitrust lawsuit on behalf of former college men’s basketball and football players in
the United States District Court in California seeking damages for infringing on players’ rights by using their
likenesses for commercial gain. The complaint alleges antitrust violations in that all of the member
institutions have joined together to pursue the commercial exploitation. The complaint also names Collegiate
Licensing Company, a company which markets branded apparel and other items for the NCAA and most
universities.

Plaintiffs allege the NCAA's conduct is “blatantly anticompetitive and exclusionary, as it wipes out in total
the future ownership interests of former student-athletes in their own images — rights that all other members
of society enjoy — even long after student-athletes have ceased attending a university.”

Ed O'Bannon, who starred on the UCLA basketball team that won the 1995 NCAA tournament, is the only
named plaintiff thus far but it is expected the lawsuit will expand to include hundreds, if not thousands, of
former Division I basketball and Football Bowl Subdivision players.

Downloads
Class Action Complaint





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