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CHRISTINE BEARDEN; DAVID BEARDEN; TERRI COOK;
CAROLYN GIBBONS; ELMER DARRELL GREER; LADONNA F.
GREER; MARK HUTCHINS; KEVIN MITCHELL; JAMIE
STRANGE PIERSON; CRYSTAL GAIL REGAN,
Plaintiffs-Appellants,
v.
BALLAD HEALTH; MEDICAL EDUCATION ASSISTANCE
CORPORATION, dba East Tennessee Physicians and
Associates, dba University Physicians Practice Group;
BARBARA ALLEN, JULIE BENNETT, DAVID LESTER, ALAN
LEVINE, DAVID MAY, GARY PEACOCK, DOUG SPRINGER,
and KEITH WILSON, in their capacities as members of the
Board of Ballad Health and/or Medical Education
Assistance Corporation; DAVID GOLDEN and SCOTT M.
NISWONGER, in their capacities as members of the Board
of Ballad Health and/or Medical Education Assistance
Corporation and in their official capacities as members of
the Board of Trustees of East Tennessee State University;
BRIAN NOLAND, in his capacity as a member of the Board
of Ballad Health and/or Medical Education Assistance
Corporation, in his official capacity as a member of the
Board of Trustees of East Tennessee State University and
as President of East Tennessee State University and exofficio member of the Board of Directors of Medical
Education Assistance Corporation,
Defendants-Appellees. |
No. 20-5047 |
Appeal from the United States District Court
for the Eastern District of Tennessee at Greeneville.
No. 2:19-cv-00055—Curtis L. Collier, District Judge.
Decided and Filed: July 23, 2020
Before: GIBBONS, GRIFFIN, and THAPAR, Circuit Judges.
_________________________
OPINION
_________________________
THAPAR, Circuit Judge. As our court has previously explained, there are good reasons
not to disparage your opponent, especially in court filings. “The reasons include civility; the
near-certainty that overstatement will only push the reader away . . . ; and that, even where the
record supports an extreme modifier, the better practice is usually to lay out the facts and let the
court reach its own conclusions.” Bennett v. State Farm Mut. Auto. Ins. Co., 731 F.3d 584, 585
(6th Cir. 2013) (cleaned up). The most important reason here is that counsel’s colorful insults do
nothing to show that his clients have standing to bring this lawsuit. We affirm the district court’s
dismissal for lack of jurisdiction. |
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LAUREN KESTERSON,
Plaintiff-Appellant,
v.
KENT STATE UNIVERSITY; KAREN LINDER,
individually; ERIC OAKLEY, in his official capacity,
Defendants-Appellees. |
No. 18-4200 |
Appeal from the United States District Court
for the Northern District of Ohio at Akron.
No. 5:16-cv-00298—Sara E. Lioi, District Judge.
Argued: October 23, 2019
Decided and Filed: July 23, 2020
Before: SUTTON, KETHLEDGE, and STRANCH, Circuit Judges.
_________________________
OPINION
_________________________
PER CURIAM. Lauren Kesterson, a student athlete at Kent State University, told her
coach, Karen Linder, that Linder’s son had raped her. Linder never notified anyone at Kent
State. The university learned about the assault two years later when Kesterson made a complaint
to the school’s Title IX office. An investigation of the complaint led to Linder’s resignation.
Kesterson sued Kent State, Linder, and another coach, Eric Oakley, for violating the free-speech-retaliation protections of the First (and Fourteenth) Amendments, the equal-protection guarantees
of the Fourteenth Amendment, and Title IX. The district court granted summary judgment to the
defendants. We reverse in part and affirm in part. |
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