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SCOTT E. GAMMONS,
Plaintiff-Appellant,
v.
ADROIT MEDICAL SYSTEMS, INC.; GRAZYNA H.
GAMMONS; KELLEY PATTEN; GENE GAMMONS,
Defendants-Appellees. |
No. 23-5374 |
Appeal from the United States District Court for the Eastern District of Tennessee at Knoxville.
No. 3:21-cv-00173—Thomas A. Varlan, District Judge.
Argued: December 7, 2023
Decided and Filed: January 22, 2024
Before: WHITE, THAPAR, and BLOOMEKATZ, Circuit Judges.
_________________________
OPINION
_________________________
BLOOMEKATZ, Circuit Judge. The legal questions in this appeal arise from a bitter
fight pitting a son against his father and stepfamily over a family business. Scott Gammons
claims that Adroit Medical Systems, Inc., Grazyna Gammons (his stepmother), Kelley Patten
(his stepsister), and Gene Gammons (his father) (collectively, the defendants) diverted company
funds for Grazyna and Kelley’s personal benefit without accounting for the tax consequences.
According to Scott, the defendants fired him because he reported their alleged financial
malfeasance to the Internal Revenue Service. He further claims that if the defendants are not
removed from the business, they will continue misappropriating company funds. Scott brought
an action seeking recovery under federal and state whistleblower statutes and state common law.
The district court granted the defendants summary judgment on all five of his claims, reasoning
that Scott had obtained a legally baseless emergency conservatorship over Gene and used it to
mount a corporate takeover. After the defendants regained control of the family business, that
coup—irrespective of any whistleblowing—motivated their decision to fire Scott, defeating
Scott’s claims as a matter of law. We affirm. |
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CHAPPELLE GALES, Administrator ad litem of the
estate of Ellen Ranson, on behalf of the wrongful
death beneficiaries of Ellen Ranson,
Plaintiff-Appellant,
v.
ALLENBROOKE NURSING AND REHABILITATION
CENTER, LLC,
Defendant-Appellee. |
No. 23-5527 |
Appeal from the United States District Court
for the Western District of Tennessee at Memphis.
No. 2:22-cv-02220—Jon Phipps McCalla, District Judge.
Decided and Filed: January 22, 2024
Before: GRIFFIN, BUSH, and READLER, Circuit Judges.
_________________________
OPINION
_________________________
CHAD A. READLER, Circuit Judge. Chappelle Gales’s mother passed away while
residing in a nursing home. Gales attributes her mother’s death to inadequate care, so she sued
the facility for medical malpractice under state law. Gales hired an expert witness to testify on
her behalf. But the district court excluded the expert’s testimony due to his unfamiliarity with
local medical standards. And without expert testimony to support her claims, the district court
held, Gales’s suit could not proceed. Finding no abuse of discretion by the district court, we now
affirm. |
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