Shirley v. Brown and Williamson Tobacco Co.

ORDER

HULL, District Judge.

The Court has studied the Magistrate’s report and recommendation in light of the plaintiff’s exceptions and finds that, regardless of whether or not the Tennessee Human Development Commission Act, T.C.A. § 4-21-101, et seq., permits recovery for physical and emotional injury resulting from age discrimination, it is improper to use this Court’s pendant jurisdiction to widen the scope of recovery beyond the limits of the federal statute upon which jurisdiction is predicated.

Accordingly, the defendant’s motion to dismiss the claims for physical and emotional injury is…