Auchard et al v. Tennessee Valley Authority (TV1)
Filing 120
ORDER that Defendant TVA's Motion #41 to Dismiss or for Summary Judgment is GRANTED to the extent Plaintiff's tort claims pertain to TVA's policy decision to build and keep in operation the Swan Pond facilities; GRANTED to the extent Plaintiffs' claims pertain to TVA's removal and remediation conduct following the coal ash spill; and DENIED to the extent Plaintiffs' tort claims pertain to TVA's use, maintenance, and upkeep of the Swan Pond Facilities. TVA's request that the Court dismiss the inverse condemnation claims of the Blanchard plaintiffs, the Raymond plaintiffs and the Schofield plaintiffs is hereby DENIED. Further, TVA's Motions to Dismiss all Claims for Punitive Damages Against TVA and to Strike All Jury Demands against TVA #58 is hereby GRANTED and Plaintiffs' claims for punitive damages are DISMISSED and the Court STRIKES Plaintiffs' request for a jury trial. Signed by District Judge Thomas A Varlan on 3/26/10. (ABF)
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