CLICK HERE FOR FULL TEXT |
ROBERT BLEDSOE,
Plaintiff-Appellant,
v.
TENNESSEE VALLEY AUTHORITY BOARD OF
DIRECTORS,
Defendant-Appellee. |
No. 21-5808 |
Appeal from the United States District Court
for the Eastern District of Tennessee at Chattanooga.
No. 1:20-cv-00029—Clifton Leland Corker, District Judge.
Argued: March 17, 2022
Decided and Filed: July 27, 2022
Before: MOORE, COLE, and NALBANDIAN, Circuit Judges.
_________________________
OPINION
_________________________
KAREN NELSON MOORE, Circuit Judge. Robert Bledsoe, a nuclear-plant operator
working for the Tennessee Valley Authority (TVA), alleges that the Authority discriminated
against him based on his age and disability in violation of the Age Discrimination in
Employment Act (ADEA) and the Rehabilitation Act. Citing ethical concerns that arose when
Bledsoe’s son was accepted to the training program that Bledsoe taught, a committee overseeing
the training center voted to demote Bledsoe from his instructor position. One of the members of
the committee, Bledsoe’s supervisor, had repeatedly made disparaging remarks about Bledsoe’s
age and disability in the months prior to the committee’s decision. A reasonable jury could
conclude that Bledsoe’s supervisor used the ethical concern as a pretext to convince the other
members of the committee to demote him. We REVERSE the district court’s judgment and
REMAND for further proceedings. |
CLICK HERE FOR FULL TEXT |
WINERIES OF THE OLD MISSION PENINSULA
ASSOCIATION; BOWERS HARBOR VINEYARD &
WINERY, INC; BRYS WINERY, LC; CHATEAU GRAND
TRAVERSE, LTD.; GRAPE HARBOR INC.; MONTAGUE
DEVELOPMENT, LLC; OV THE FARM LLC; TABONE
VINEYARDS, LLC; TWO LADS, LLC; VILLA MARI,
LLC; WINERY AT BLACK STAR FARMS LLC; CHATEAU
OPERATIONS, LTD,
Plaintiffs-Appellees,
v.
TOWNSHIP OF PENINSULA, MICHIGAN,
Defendant,
PROTECT THE PENINSULA, INC.,
Movant-Appellant. |
No. 21-1744 |
Appeal from the United States District Court
for the Western District of Michigan at Grand Rapids.
No. 1:20-cv-01008—Paul Lewis Maloney, District Judge.
Argued: June 9, 2022
Decided and Filed: July 27, 2022
Before: MOORE, STRANCH, and LARSEN, Circuit Judges.
_________________________
OPINION
_________________________
KAREN NELSON MOORE, Circuit Judge. After the plaintiffs, a group of wineries and
an association representing their interests (collectively, the “Wineries”), sued a Michigan
municipality over several zoning ordinances that regulate vineyards, a local advocacy group,
Protect the Peninsula, Inc. (“Protect the Peninsula”), moved to intervene as a matter of right
under Federal Rule of Civil Procedure 24(a)(2). The district court denied this motion. Because
Protect the Peninsula satisfied Rule 24(a)(2)’s requirements, we REVERSE and REMAND. |
CLICK HERE FOR FULL TEXT |
TODD ALLEN MOATS,
Plaintiff-Appellant,
v.
COMMISSIONER OF SOCIAL SECURITY,
Defendant-Appellee. |
No. 21-3702 |
Appeal from the United States District Court for the Northern District of Ohio at Toledo.
No. 3:20-cv-00265—Jeffrey James Helmick, District Judge.
Decided and Filed: July 27, 2022
Before: SUTTON, Chief Judge; KETHLEDGE and READLER, Circuit Judges.
_________________________
OPINION
_________________________
CHAD A. READLER, Circuit Judge. Todd Moats suffers from peripheral neuropathy,
which prevents him from wearing closed-toed shoes for lengthy periods. This condition caused
Moats to leave his job as a forklift operator and apply for disability insurance benefits and
supplemental security income through the Social Security Administration. Following a hearing,
an administrative law judge found that Moats’s condition prevented him from returning to his
previous job. Nonetheless, because, as the ALJ found, Moats could still perform a number of
jobs available throughout the national economy, his application for benefits was denied. As
substantial evidence supports that determination, we affirm. In so doing, we reject Moats’s
argument that the ALJ failed to adequately develop the record. |
|