189 results for 'court:"USDC Middle District of Tennessee "'.
J. Campbell grants the school defendants' motion for reconsideration and grants their motion to enforce the parties' settlement agreement in this lawsuit involving a high school student's alleged assignment "to an alternative school." The parents of the student, who was allegedly removed from the high school "for possession of alcohol," argue that a settlement agreement was not reached. However, the court finds that the parties "agreed to the material terms of settlement" and that the remaining issues, including the proposed wording of the agreement, were not material. The court further notes that the student was allowed to return to the high school.
Court: USDC Middle District of Tennessee , Judge: Campbell, Filed On: March 25, 2024, Case #: 3:22cv408, NOS: Education - Civil Rights, Categories: Education, Settlements
J. Campbell denies the defendant company's motion for summary judgment in this employment discrimination lawsuit brought by a former employee under Title VII and the Tennessee Human Rights Act, as well as the Americans with Disabilities Act. There are issues of fact precluding summary judgment, specifically as to whether the employee requested accommodations and whether the company took an adverse action against the employee.
Court: USDC Middle District of Tennessee , Judge: Campbell, Filed On: March 19, 2024, Case #: 3:22cv132, NOS: Employment - Civil Rights, Categories: Ada / Rehabilitation Act, Employment Discrimination, Employment Retaliation
J. Trauger partially grants the defendants' summary judgment motion in this lawsuit brought by a Tennessee insurance agency and its owner, alleging breach of an oral agreement, as well as a written nondisclosure agreement, in connection with the purchase of premium financed life insurance policies. The defendants' motion is granted as to the alleged breach of an oral commission agreement and the breach of fiduciary duty claim. The plaintiffs' claim regarding the nondisclosure agreement remains pending against the corporate defendant.
Court: USDC Middle District of Tennessee , Judge: Trauger, Filed On: March 15, 2024, Case #: 3:19cv964, NOS: Other Contract - Contract, Categories: Civil Procedure, Insurance, Fiduciary Duty
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J. Trauger grants the media defendants' dismissal motion in this defamation lawsuit brought by an attorney alleging that a pair of articles placed him "in a false light." The articles concerned the attorney's role in a separate lawsuit against the National Rifle Association. Certain statements and implications "are protected by the fair report privilege," however, while others are "not capable of conveying a defamatory meaning."
Court: USDC Middle District of Tennessee , Judge: Trauger, Filed On: March 15, 2024, Case #: 3:22cv1017, NOS: Assault, Libel, & Slander - Torts - Personal Injury, Categories: Communications, Defamation, Privilege
J. Crenshaw finds in favor of the employer in this lawsuit alleging race discrimination and a hostile work environment under Title VII of the Civil Rights Act. The employee, who worked as a line assembler for the manufacturer, contends that his termination was based on race. However, he fails to provide a comparator that was treated "more favorably" to establish his prima facie case of discrimination.
Court: USDC Middle District of Tennessee , Judge: Crenshaw, Filed On: March 11, 2024, Case #: 3:22cv386, NOS: Employment - Civil Rights, Categories: Civil Rights, Employment Discrimination
J. Campbell partially grants the various dismissal motions filed in this defamation lawsuit brought by a former seminary professor and his wife, who allege that the Southern Baptist Convention published "a false narrative" about them. Their claims are dismissed against a former Lifeway executive and the parent company of an investigator for lack of personal jurisdiction. Lifeway's dismissal motion is granted for failure to state a claim.
Court: USDC Middle District of Tennessee , Judge: Campbell, Filed On: March 8, 2024, Case #: 3:23cv478, NOS: Assault, Libel, & Slander - Torts - Personal Injury, Categories: Defamation, Jurisdiction
J. Campbell mostly denies the Southern Baptist Convention's motion to dismiss in this defamation lawsuit stemming from a "highly publicized report" that allegedly featured the former president of the Southern Baptist Convention in a misleading way. The Southern Baptist Convention fails to show that the former president was a limited-purpose public figure, as nothing in the complaint suggests that he voluntarily injected himself into a sexual abuse controversy or the events surrounding the report. However, his defamation per se is dismissed as duplicative of his defamation claim.
Court: USDC Middle District of Tennessee , Judge: Campbell, Filed On: March 8, 2024, Case #: 3:23cv243, NOS: Assault, Libel, & Slander - Torts - Personal Injury, Categories: Defamation, Emotional Distress
J. Trauger grants in part the plaintiff company's motion for a preliminary injunction and partial motion to dismiss certain counterclaims in this trademark dispute between competing epoxy sellers. The court will grant limited injunctive relief related to the use of the phrase "ultra clear epoxy" in online advertisements. The counterclaims for deceptive trade practices are also dismissed.
Court: USDC Middle District of Tennessee , Judge: Trauger, Filed On: March 6, 2024, Case #: 3:23cv715, NOS: Trademark - Property Rights, Categories: Trademark, Consumer Law
J. Trauger partially grants the dismissal motion filed by X Corp. in this lawsuit concerning copyrighted works being posted on the company's social media platform, which was formerly known as Twitter. The plaintiff music publisher's claims for direct and vicarious infringement will be dismissed in their entirety, though the court will allow it to proceed with certain parts of its contributory infringement claim, including an allegation that X Corp. "enforces its copyright policies less stringently" against its verified users.
Court: USDC Middle District of Tennessee , Judge: Trauger, Filed On: March 5, 2024, Case #: 3:23cv606, NOS: Copyrights - Property Rights, Categories: Civil Procedure, Copyright
J. Newbern recommends that the defendant company's dismissal motion be granted in this lawsuit brought by a small business owner alleging libel and trademark infringement. The pro se plaintiff fails to state a plausible claim for relief against the defendant company, Alphabet, and the complaint should be dismissed pursuant to Rule 12(b)(6).
Court: USDC Middle District of Tennessee , Judge: Newbern, Filed On: March 4, 2024, Case #: 2:23cv52, NOS: Copyrights - Property Rights, Categories: Civil Procedure, Trademark, Defamation
J. Richardson grants the state defendants' dismissal motion in this voter lawsuit challenging the constitutionality of certain statutes, alleging that the statutes "deter voting" and chill "freedom of political speech." The voter plaintiffs contend that the sections at issue, which are meant to prevent "cross-over voting" in the primary elections, are void for vagueness. But the court finds that the plaintiffs lack standing.
Court: USDC Middle District of Tennessee , Judge: Richardson, Filed On: March 4, 2024, Case #: 3:23cv1256, NOS: Voting - Civil Rights, Categories: Civil Rights, Elections, Jurisdiction
J. Richardson partially grants the defendant medical college's motion for summary judgment in this suit brought by a former student asserting violations of the Americans with Disabilities Act, breach of contract and negligent misrepresentation. The college is entitled to summary judgment on the student's negligent misrepresentation claim and his "failure-to-accommodate claim to the extent that that claim is based on anything other than a failure to allow a fourth attempt at the Step 1 exam."
Court: USDC Middle District of Tennessee , Judge: Richardson, Filed On: March 1, 2024, Case #: 3:20cv624, NOS: Housing/Accommodations - Civil Rights, Categories: Ada / Rehabilitation Act, Education
J. Campbell partially grants the metro defendants' dismissal motion in this lawsuit asserting claims for excessive force and negligence in connection with an incident in which an individual experiencing "a mental health crisis" was allegedly shot by police officers with a Taser and a gun, resulting in personal injuries. The defendant police officers are entitled to qualified immunity on the excessive force claim. The constitutional claim against the metropolitan government will not be dismissed, however.
Court: USDC Middle District of Tennessee , Judge: Campbell, Filed On: March 1, 2024, Case #: 3:22cv173, NOS: Civil Rights - Habeas Corpus, Categories: Civil Rights, Immunity
J. Trauger grants the defendant plan administrators' motion for judgment on the administrative record in this dispute over early retirement benefits. The administrators' decision to deny benefits based on the worker's "failure to show that he was retired under the Plan, despite their failure to articulate a legitimate rationale, was not arbitrary and capricious."
Court: USDC Middle District of Tennessee , Judge: Trauger, Filed On: March 1, 2024, Case #: 3:21cv757, NOS: Other Contract - Contract, Categories: Employment, Erisa, Labor / Unions
J. Trauger partially grants the plaintiff epoxy company's motion for a preliminary injunction in this Lanham Act lawsuit against another epoxy seller regarding the use of the phrase "ultra clear epoxy." The plaintiff company will be granted limited injunctive relief, as the court notes its "real, but not overwhelming, likelihood of success."
Court: USDC Middle District of Tennessee , Judge: Trauger, Filed On: February 27, 2024, Case #: 3:23cv715, NOS: Trademark - Property Rights, Categories: Civil Procedure, Trademark
J. Trauger partially grants the two dismissal motions in this class action concerning an "allegedly defective fuel injection pump" contained in certain Nissan vehicles. The economic loss doctrine bars the fraudulent omission claims under Florida and Texas law. Also, under Florida law, the claim for breach of the implied warranty of merchantability will be dismissed for lack of privity.
Court: USDC Middle District of Tennessee , Judge: Trauger, Filed On: February 27, 2024, Case #: 3:23cv261, NOS: Motor Vehicle Product Liability - Torts - Personal Injury, Categories: Vehicle, Product Liability, Class Action
J. Trauger denies the plaintiff nonprofit corporation's motion for a preliminary injunction and partially grants the fund defendants' dismissal motion in this lawsuit asserting claims under the federal Exchange Act, as well as the Tennessee Securities Act and the Tennessee Blue Sky Law. The complaint alleges that the defendants misrepresented that a certain fund was a success and that they failed to disclose that it "had been losing hundreds of thousands of dollars in 2021." However, the corporation fails to show irreparable harm, for purposes of the requested injunction, as it only entrusted money to the defendants. Accordingly, its alleged injury could be remedied "with economic damages at the conclusion of litigation."
Court: USDC Middle District of Tennessee , Judge: Trauger, Filed On: February 20, 2024, Case #: 3:23cv685, NOS: Securities/Commodities/Exchange - Other Suits, Categories: Fraud, Securities, Fiduciary Duty
J. Crenshaw denies the defendant trucking company's motion to dismiss for improper venue or, alternatively, to transfer venue. The plaintiff insurance company seeks a declaratory judgment regarding its duty to defend or indemnify the company in an underlying state court case. The incident at issue in the underlying case allegedly occurred at a truck stop in Tennessee, and the case is "pending in Tennessee state court."
Court: USDC Middle District of Tennessee , Judge: Crenshaw, Filed On: February 16, 2024, Case #: 3:23cv1059, NOS: Insurance - Contract, Categories: Insurance, Tort, Venue
J. Trauger denies the dental care provider plaintiffs' motion for class certification in this suit alleging false advertising and fraud in connection with the defendant company's plastic aligners, which were allegedly sold "for orthodontic use." The dental care providers have "failed to satisfy either Rule 23(a) or Rule 23(b)" for class certification. Additionally, the defendants' motions to exclude certain testimony are denied as moot.
Court: USDC Middle District of Tennessee , Judge: Trauger, Filed On: February 12, 2024, Case #: 3:19cv845, NOS: Other Statutory Actions - Other Suits, Categories: Fraud, Consumer Law, Class Action
J. Richardson grants the government officials' dismissal motion in this immigration action without prejudice based on a lack of jurisdiction. The petitioner seeks a decision on his waiver application, which has allegedly been pending for over two years. However, the majority of the courts have found "that judicial review is precluded."
Court: USDC Middle District of Tennessee , Judge: Richardson, Filed On: February 5, 2024, Case #: 3:23cv527, NOS: Other Immigration Actions - Immigration, Categories: Administrative Law, Immigration, Jurisdiction