Hamilton County Emergency Communications District v. BellSouth Telecommunications LLC

CONCURRING IN PART AND DISSENTING IN PART

I concur with the majority opinion that there is an implied right of action under the 911 Law and that the Districts’ 911 Law and TFCA claims survive summary judgment. However, I write separately to dissent from section II.B of the majority opinion.

The root of my dissent is the axiom, acknowledged by the majority, that “the plaintiff is the master of the complaint and may proceed on its preferred cause of action.” See Majority Op. at 532; accord Caterpillar Inc. v. Williams, 482 U.S. 386, 392, 107 S.Ct. 2425, 96 L.Ed.2d 318 (1987). Where I branch off…