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June 2016

Gordon & Rees Atlanta Team Wins Appeal Affirming Summary Judgment in Tennessee Court of Appeals in Favor of Environmental Services Client

Gordon & Rees Atlanta partners, Jeff Melcher and Parks Stone, and associate, Tawana Johnson, won an appeal affirming summary judgment in favor of the firm's client, Clean Harbors Environmental Services, Inc. and against the State of Tennessee in the Tennessee Court of Appeals.

Clean Harbors Environmental Services, Inc., a $3 billion company providing environmental, energy and industrial services, sued the State of Tennessee in the Tennessee Claims Commission after the state failed to pay for electronic waste collected and disposed of by our client. The state claimed that Clean Harbors breached the contract by exporting electronic waste out of the country.

The Commissioner granted summary judgment in favor of Clean Harbors on the breach of contract claim, and awarded $382,606.98, the full amount to which they were entitled under the applicable contract.

On appeal by the State, the Atlanta team cross-appealed for an award of pre-judgment interest, which the Commissioner denied. After oral arguments, The Tennessee Court of Appeals affirmed summary judgment in favor of Clean Harbors, and awarded an additional $85,951.70 in pre-judgment interest.

 

Tawana B. Johnson
Jeffrey W. Melcher
Parks K. Stone



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