191 results for 'court:"USDC Middle District of Tennessee "'.
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
J. Trauger partially grants the state wildlife officers' dismissal motion in this lawsuit brought by a falconer whose birds were seized by the Tennessee Wildlife Resources Agency and now asserts claims for unlawful search and seizure, as well as false arrest and malicious prosecution. The case against her was dismissed "in its entirety," and the seized birds were returned, though one of the birds allegedly died while being held. The court now finds that the officers are entitled to qualified immunity as to parts of her Fourth Amendment claim. However, she has adequately alleged that the seizure of all 13 of her birds was "objectively unreasonable" and that no reasonable officer "would have believed that this seizure was authorized or legal." Her equal protection claim also survives, in which she alleges that the law was selectively enforced, and misapplied, "against her because of her gender."
Court: USDC Middle District of Tennessee , Judge: Trauger, Filed On: January 31, 2024, Case #: 3:23cv747, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Animal Cruelty
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J. Crenshaw denies the former employee's motion to dismiss this breach of contract case based on a lack of personal jurisdiction. The former employee, a remote worker who allegedly violated the non-compete provision in his employment contract, seeks dismissal based on a lack of jurisdiction, as he mainly worked from Florida. However, he made multiple trips to Tennessee "for work-related activities."
Court: USDC Middle District of Tennessee , Judge: Crenshaw, Filed On: January 29, 2024, Case #: 3:22cv606, NOS: Other Contract - Contract, Categories: Employment, Jurisdiction, Contract
J. Newbern grants the plaintiff company's request "to obtain certain discovery before responding" to the pending summary judgment motion in this breach of contract case concerning an agreement to sell certain medical devices. The plaintiff company has complied with the "procedural and substantive requirements" and the legal factors weigh in favor of granting the motion. The court will also administratively terminate the summary judgment motion.
Court: USDC Middle District of Tennessee , Judge: Newbern, Filed On: January 17, 2024, Case #: 3:23cv72, NOS: Other Contract - Contract, Categories: Civil Procedure, Discovery, Contract
J. Crenshaw denies the motion to supplement filed by the plaintiff, who is an "advocate for the disabled," in this lawsuit regarding a car rental company's compliance with the Americans with Disabilities Act. The advocate alleges that the business lacks "van accessible parking" and designated accessible parking. However, he fails to show good cause for why the complaint was not amended earlier. Additionally, the court will grant the defendant's dismissal motion.
Court: USDC Middle District of Tennessee , Judge: Crenshaw, Filed On: January 12, 2024, Case #: 3:23cv496, NOS: Amer w/Disabilities - Other - Civil Rights, Categories: Civil Procedure, Ada / Rehabilitation Act
J. Richardson denies the parental rights organization's request for a preliminary injunction in this free speech lawsuit against a county board of education and its members. The organization and its officers seek to enjoin the school board's enforcement of an "address-disclosure requirement and the abusive-comment prohibition" at school board meetings, along with a requirement that speakers prove their comments are "in the public interest." The court finds the "public interest" requirement to be reasonable given the purpose of the forum. The plaintiffs also fail to show "imminent and irreparable harm" in connection with the other restrictions, which "defendants have removed from their policies."
Court: USDC Middle District of Tennessee , Judge: Richardson, Filed On: January 10, 2024, Case #: 3:23cv211, NOS: Other Civil Rights - Civil Rights, Categories: Constitution, Education
J. Trauger grants the two dismissal motions filed in this lawsuit brought by a former fraternity pledge who alleges that he was subjected to racial discrimination and "intense hazing." As to one of the fraternity members, there are no facts alleged to show that he "participated in tortious conduct." Another is alleged to have "regularly used racial slurs," but the complaint fails to show that the member "breached a duty to the plaintiff or caused him serious emotional injury."
Court: USDC Middle District of Tennessee , Judge: Trauger, Filed On: January 8, 2024, Case #: 3:22cv808, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Civil Rights, Education, Emotional Distress
J. Trauger partially denies the defendant law enforcement officer's dismissal motion in this lawsuit brought by two travelers alleging "an illegal search and seizure" at the Nashville airport. One of the travelers was allegedly instructed to open her suitcase, and the alleged facts show that she acquiesced to the officer's "show of authority" by opening the suitcase in the ride-share area of the airport, as opposed to voluntarily consenting to the search. Accordingly, the officer's motion is denied as to that traveler's Fourth Amendment claim stemming from the search.
Court: USDC Middle District of Tennessee , Judge: Trauger, Filed On: January 5, 2024, Case #: 3:23cv663, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Property, Transportation
J. Richardson grants in part the plaintiff health company's motion for default judgment in this case concerning the alleged use of the company's trademarks and brand. The request is granted as to certain claims, including the claims for federal trademark infringement and unfair competition, as well as common law trademark infringement. The request is denied, however, as to federal trademark dilution and state trademark dilution.
Court: USDC Middle District of Tennessee , Judge: Richardson, Filed On: January 5, 2024, Case #: 3:23cv110, NOS: Trademark - Property Rights, Categories: Civil Procedure, Trademark
J. Trauger denies the defendant executives' motion for judgment on the pleadings in this stockholder derivative lawsuit involving a corporation that operates senior-living communities. The stockholder's complaint contends that the executives breached their fiduciary duties "by allowing the company's alleged problems to persist and by misleading the public." The court now finds that the plaintiff stockholder has plausibly alleged that the corporate board "unfairly induced her to file her claims outside the statute of limitations."
Court: USDC Middle District of Tennessee , Judge: Trauger, Filed On: January 4, 2024, Case #: 3:21cv373, NOS: Stockholders’ Suits - Contract, Categories: Civil Procedure, Health Care, Fiduciary Duty
J. Trauger grants the defendant distillery's motion to dismiss the first amended complaint in this breach of contract action involving the alleged transfer of a liquor distribution franchise. The letter that the distributor sent to the distillery requesting approval of the transfer failed to provide the written notice required by statute. Accordingly, the distributor fails to state a claim against the distillery based on an alleged statutory violation or for breach of contract.
Court: USDC Middle District of Tennessee , Judge: Trauger, Filed On: January 4, 2024, Case #: 3:23cv363, NOS: Franchise - Contract, Categories: Civil Procedure, Contract
J. Richardson grants the Tennessee Bureau of Investigation director's partial dismissal motion in this lawsuit brought by a Tennessee resident challenging the constitutionality of the Tennessee Sexual Offender and Violent Sexual Offender Registration, Verification and Tracking Act. The court will dismiss two of the counts brought by the resident under the Due Process Clause. He fails to plausibly assert a violation of his right to travel, and his claim that he did not receive "any notice or opportunity to challenge" his inclusion on the registry is time-barred.
Court: USDC Middle District of Tennessee , Judge: Richardson, Filed On: January 4, 2024, Case #: 3:17cv995, NOS: Other Civil Rights - Civil Rights, Categories: Civil Procedure, Constitution
J. Crenshaw denies the property managers' motion to dismiss the multifamily plaintiffs' second amended complaint in this antitrust case alleging that a software company and its clients "have formed an illegal price-fixing cartel" in the multifamily housing market. The complaint sufficiently alleges that a certain revenue management service called Lease Rent Options "uses private data." Also, the prior complaint does not contradict the current complaint. Accordingly, the court declines to dismiss the claims "as they relate to LRO from the Multifamily Complaint."
Court: USDC Middle District of Tennessee , Judge: Crenshaw, Filed On: December 28, 2023, Case #: 3:22cv1082, NOS: Antitrust - Other Suits, Categories: Antitrust, Civil Procedure, Housing
J. Crenshaw denies the lessors' dismissal motion related to the multifamily complaint but grants the dismissal motion pertaining to the student complaint in this consolidated litigation alleging "an illegal price-fixing conspiracy" in the student and multifamily rental housing markets. The student complaint fails to "adequately plead an unreasonable restraint of trade under the Rule of Reason."
Court: USDC Middle District of Tennessee , Judge: Crenshaw, Filed On: December 28, 2023, Case #: 3:22cv1082, NOS: Antitrust - Other Suits, Categories: Antitrust, Housing
J. Crenshaw denies the Thoma Bravo defendants' dismissal motions in this litigation alleging that a privately-owned software company, RealPage, and its clients have "an illegal price-fixing cartel" in the rental housing markets. The Thoma Bravo defendants contend that "parent corporations are not liable for the acts of their subsidiaries." However, the multifamily and student housing plaintiffs have sufficiently alleged Thoma Bravo's involvement in the alleged conspiracy at this "early stage" of the litigation.
Court: USDC Middle District of Tennessee , Judge: Crenshaw, Filed On: December 28, 2023, Case #: 3:23cv326, NOS: Antitrust - Other Suits, Categories: Antitrust, Housing
J. Trauger accepts the recommendation of the magistrate judge and grants summary judgment to Amazon in this lawsuit brought by a former employee who allegedly underwent back surgery and was subsequently terminated from her employment. The former worker contends that her termination was in violation of her rights under the Americans with Disabilities Act. However, the magistrate judge found that she was "unable to work any job," based on her own testimony, in the two years before her termination. Her objections to the magistrate judge's report are meritless.
Court: USDC Middle District of Tennessee , Judge: Trauger, Filed On: December 27, 2023, Case #: 3:20cv1029, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Civil Procedure, Employment Discrimination
J. Trauger denies the defendant company's motion for review of a magistrate judge's order, which mostly granted the motion to compel discovery in this dispute "between a U.S. citizen and a foreign company." The defendant, an Italian employer, contends that Italian privacy laws prevent it from searching employee emails without consent, but it fails to establish grounds for "rejecting or modifying any part of the underlying Order."
Court: USDC Middle District of Tennessee , Judge: Trauger, Filed On: December 27, 2023, Case #: 3:20cv1103, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: International Law, Product Liability, Discovery
J. Trauger denies the air conditioning company's motion to compel arbitration but grants its motion for leave to amend its answer and assert a counterclaim in this negligence lawsuit stemming from the installation of an HVAC unit. The proposed amendment was not "unduly delayed," and the court does not see the possibility of prejudice. As to arbitration, there is a fact issue as to whether the customer had notice of the provision.
Court: USDC Middle District of Tennessee , Judge: Trauger, Filed On: December 21, 2023, Case #: 3:23cv642, NOS: Property Damage Product Liability - Torts - Personal Property, Categories: Arbitration, Civil Procedure, Negligence
J. Campbell denies the defendant company's motion for summary judgment in this lawsuit brought by a former district manager who alleges that she was subjected to a hostile work environment, sex discrimination and retaliation, as well as age discrimination, during her employment. The former employee argues that she was constructively discharged from her job, which constitutes an adverse employment action. She also alleges that she was replaced by a male employee, and there is an issue of fact regarding "the age of the employee who replaced her."
Court: USDC Middle District of Tennessee , Judge: Campbell, Filed On: December 14, 2023, Case #: 3:22cv544, NOS: Employment - Civil Rights, Categories: Employment Discrimination, Employment Retaliation
J. Richardson grants the individual plaintiff's motion to abstain and motion to strike in connection with two breach of contract claims, following remand from the Sixth Circuit. The court finds that there are exceptional circumstances and determines that "the reasons for declining jurisdiction significantly outweigh the interests in exercising jurisdiction." Accordingly, the court will not exercise supplemental jurisdiction over the two state-law contract claims at issue.
Court: USDC Middle District of Tennessee , Judge: Richardson, Filed On: December 14, 2023, Case #: 3:20cv924, NOS: Employment - Civil Rights, Categories: Civil Procedure, Jurisdiction, Contract
J. Richardson dismisses the former employee's complaint against his former employer alleging retaliatory discharge under the Tennessee Public Protection Act and religious discrimination under Title VII, as well as other counts, based on his alleged termination during the Covid-19 pandemic in 2020. The court concludes that the employee's amended complaint fails to meet certain pleading standards.
Court: USDC Middle District of Tennessee , Judge: Richardson, Filed On: December 13, 2023, Case #: 3:21cv923, NOS: Employment - Civil Rights, Categories: Civil Rights, Employment Discrimination, Employment Retaliation