TBA Law Blog


Posted by: Kate Prince on Jun 2, 2022

The Tennessee Supreme Court yesterday heard oral arguments in Jacob Engineering’s challenge to lawsuits that allege workers were sickened or died after cleaning up the coal ash spill at Tennessee Valley Authority’s Kingston Fossil Plant in 2008. Jacobs contends that the workers’ claims should fall under a Tennessee law that limits legal challenges involving exposure to silica, a component of coal ash. The workers' attorneys argue the silica law was never meant to apply to cases like theirs. Jacobs has twice asked the 6th U.S. Circuit Court of Appeals to find that it is immune from being sued because it was acting on behalf of the TVA, a federal agency. The court ruled against the company both times. The state Supreme Court became involved after a federal judge asked it to interpret the state law. The Associated Press has the full story.