80 results for 'judge:"Richardson"'.
J. Richardson finds the lower court properly dismissed the class-action suit. The investors were allegedly told information falsely projecting optimistic returns for investing in the biopharmaceutical companies undergoing a merger. The stock eventually plummeted, but the company provided potential investors with documents containing detailed cautionary language, warning investors that this was risky and that success was not guaranteed. Affirmed.
Court: 4th Circuit, Judge: Richardson, Filed On: July 24, 2023, Case #: 21-2309, Categories: Pensions, Business Practices, Class Action
J. Richardson finds the lower court improperly reduced the contract damages and prejudgment interest to the coal company from the $7.6 million awarded by the jury to $1.8 million. The coal company sued the insurance company after they refused to cover the cost of a silo collapsing. The court incorrectly interpreted the insurance policy claiming the restoration period ended much earlier than it did. Reversed.
Court: 4th Circuit, Judge: Richardson, Filed On: July 20, 2023, Case #: 22-1459, Categories: Insurance, Jury, Damages
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J. Richardson grants the individual defendant's dismissal motion in this lawsuit alleging religion-based discrimination and retaliation under the Tennessee Human Rights Act and fraud under Tennessee law. The individual defendant, who is the alleged president of the defendant company, "cannot be held liable for discrimination or retaliation under the THRA." Also, the employee's complaint fails to adequately plead a fraud claim against the individual executive.
Court: USDC Middle District of Tennessee , Judge: Richardson, Filed On: July 11, 2023, Case #: 3:21cv923, NOS: Employment - Civil Rights, Categories: Civil Procedure, Employment, Employment Discrimination
J. Richardson finds the lower court properly dismissed the case for failure to state a claim for alienage discrimination. The college student who received deferred deportation and eligibility for temporary work authorization under the Deferred Action for Childhood Arrivals program claimed that the oil and gas company wrongly refused to hire aliens lacking permanent work authorization. Although it only impacts aliens, the hiring policy does not exclude applicants based on alienage, only authorization. Affirmed.
Court: 4th Circuit, Judge: Richardson , Filed On: July 10, 2023, Case #: 21-2211, Categories: Immigration
J. Richardson grants the defendant employer's summary judgment motion in this lawsuit brought by a former employee under the Americans with Disabilities Act. The employee argues that she was terminated because of her asthma, but she fails to show that "her asthma constituted a disability" under the ADA. Also, she only raised her assertion that it placed her at "heightened risk" in relation to Covid-19 at summary judgment, so that argument will not be considered.
Court: USDC Middle District of Tennessee , Judge: Richardson, Filed On: July 6, 2023, Case #: 3:21cv526, NOS: Employment - Civil Rights, Categories: Ada / Rehabilitation Act, Employment, Employment Discrimination
J. Richardson partially grants the transgender plaintiffs' request for a preliminary injunction in this lawsuit challenging a state law that prohibits minors from receiving certain medical procedures in connection with their gender identity. The plaintiffs contend that the law is unconstitutional, and they have sufficiently shown a likelihood of success on their due process claim, alleging that the law infringes on the parent's right "to direct the medical care of his or her child," as well as their equal protection claim. However, the court also finds that they lack standing to challenge the "ban on surgeries as treatment for gender dysphoria."
Court: USDC Middle District of Tennessee , Judge: Richardson, Filed On: June 28, 2023, Case #: 3:23cv376, NOS: Other Civil Rights - Civil Rights, Categories: Civil Procedure, Civil Rights, Health Care
J. Richardson grants the state defendants' motion to dismiss the transgender plaintiffs' amended complaint, which seeks a declaratory judgment that the enforcement of a certain birth certificate policy violates their constitutional rights. The challenged policy provides that the sex listed on an individual's birth certificate cannot be changed "as a result of sex change surgery," and the transgender plaintiffs plead equal protection, due process and free speech violations as a result. However, they fail to plausibly state their claims.
Court: USDC Middle District of Tennessee , Judge: Richardson, Filed On: June 22, 2023, Case #: 3:19cv328, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Public Record, Due Process
J. Moran finds the lower court properly sentenced the contractor. The contractor, who sexually abused a minor while in Japan working as a subcontractor for the Department of Veterans Affairs, signed a plea deal that bars him from challenging whether he falls outside the scope of the Military Extraterritorial Jurisdiction Act. Affirmed.
Court: 4th Circuit, Judge: Richardson, Filed On: June 21, 2023, Case #: 21-4411, Categories: Child Victims, Extradition, Child Pornography
J. Richardson finds the lower court improperly denied the Black employees' conversion claims. It is still disputed whether the supervisor, accused of racial discrimination after using terms like "thugs" to describe the Black employees, ordered white employees to throw the things from the Black employees' desks away after they quit their jobs. Reversed.
Court: 4th Circuit, Judge: Richardson , Filed On: June 15, 2023, Case #: 21-1855, Categories: Conversion, Employment Discrimination, Employment Retaliation
J. Richardson grants the car manufacturer's dismissal motion in this lawsuit concerning a 2021 Nissan Altima, which allegedly suffered from multiple problems, including "stopping while accelerating." The complaint fails to state a claim for breach of contract against the manufacturer, as it does not "plausibly allege the existence of a contract" between the customer and the manufacturer. The customer's claim under the Tennessee Consumer Protection Act will also be dismissed.
Court: USDC Middle District of Tennessee , Judge: Richardson, Filed On: June 15, 2023, Case #: 3:22cv809, NOS: Other Contract - Contract, Categories: Consumer Law, Product Liability, Contract