189 results for 'court:"USDC Middle District of Tennessee "'.
J. Trauger denies the defendant accountants' motion to dismiss or to transfer venue in this dispute over a company's potential tax refund and the related contingency fee, after the company determined that it did not qualify for the tax credit at issue. The accountants cite a forum selection clause, but the court concludes that at this point in the proceeding they have "failed to establish that a binding contract containing a forum selection clause was formed."
Court: USDC Middle District of Tennessee , Judge: Trauger, Filed On: December 1, 2023, Case #: 3:23cv531, NOS: Other Contract - Contract, Categories: Civil Procedure, Venue, Contract
J. Richardson denies the waste management defendants' dismissal motion in this lawsuit brought by the City of Murfreesboro, Tennessee, over the alleged mismanagement of a landfill. The complaint sufficiently alleges a "compensable injury or loss" to support the city's negligence claim.
Court: USDC Middle District of Tennessee , Judge: Richardson, Filed On: November 28, 2023, Case #: 3:22cv605, NOS: Torts to Land - Real Property, Categories: Civil Procedure, Environment, Negligence
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J. Richardson dismisses an individual's lawsuit asserting Section 1983 claims against the Town of Smyrna and a town police officer stemming from a previous criminal case against him, in which certain exculpatory emails were allegedly not disclosed at a preliminary hearing. The case is dismissed pursuant to the one-year limitations period, as his claims accrued on April 8, 2021, "upon the dismissal of the charges," and the action was filed nearly two years later.
Court: USDC Middle District of Tennessee , Judge: Richardson, Filed On: November 21, 2023, Case #: 3:23cv119, NOS: Other Civil Rights - Civil Rights, Categories: Civil Procedure, Civil Rights
J. Crenshaw denies the government's motion for judgment as a matter of law or for a new trial in this case concerning excise tax on certain "glider semi trucks sold between 2012 and 2017." A jury found that the truck company is not liable for excise tax on the trucks, which were allegedly manufactured by placing rebuilt engines into glider kits. The government fails to establish its argument concerning the sufficiency of the evidence, and a new trial is not warranted based on the exclusion of a certain expert.
Court: USDC Middle District of Tennessee , Judge: Crenshaw, Filed On: November 21, 2023, Case #: 2:20cv26, NOS: Taxes (U.S. Plaintiff or Defendant) - Federal Tax Suits, Categories: Evidence, Tax, Experts
J. Trauger denies the request for a preliminary injunction in this class action concerning the metropolitan government's sidewalk ordinance, which was found to be in violation of the Takings Clause, and the government's subsequent claims procedure for businesses seeking reimbursement. The plaintiff builders seek to enjoin the government's policy of requiring releases "in exchange for payments made to individuals and businesses" related to the ordinance. However, the parties agreed to certain revisions to the claim form, rendering the request for prospective injunctive relief "largely" moot.
Court: USDC Middle District of Tennessee , Judge: Trauger, Filed On: November 17, 2023, Case #: 3:22cv924, NOS: Other Civil Rights - Civil Rights, Categories: Constitution, Real Estate, Class Action
J. Trauger grants the dismissal motions filed by the metro defendants and the district attorney defendants in this lawsuit brought by a property owner who allegedly experienced "flooding and erosion issues" and did not receive help from the water services department in mitigating the problem. The property owner's claims for malicious prosecution, libel and intentional infliction of emotional distress should all be dismissed against the metro defendants. Also, the district attorney defendants are "immune from suit on claims against them for actions taken in their role as advocates for the state."
Court: USDC Middle District of Tennessee , Judge: Trauger, Filed On: November 16, 2023, Case #: 3:22cv936, NOS: Other Civil Rights - Civil Rights, Categories: Immunity, Defamation, Emotional Distress
J. Newbern recommends that this breach of contract action be transferred to the Northern District of Georgia. The property owner resides in Florida, but the property at issue is located in Georgia, as is the defendant roofing company. Additionally, the owner has not shown that the company waived its venue objections or that "venue in this district is proper, which is his burden."
Court: USDC Middle District of Tennessee , Judge: Newbern, Filed On: November 14, 2023, Case #: 3:23cv284, NOS: Other Contract - Contract, Categories: Venue, Contract
J. Trauger partially grants Nissan's dismissal motion in this lawsuit concerning a certain type of transmission included in particular Nissan vehicles. The vehicle owners contend that the "continuously variable transmission" was defective. The court will dismiss the claim under the Florida Deceptive and Unfair Trade Practices Act as untimely. Also, some of the states involved "require privity between parties in order for a plaintiff to assert a claim for breach of implied warranty for economic losses," and those claims will be dismissed accordingly.
Court: USDC Middle District of Tennessee , Judge: Trauger, Filed On: November 6, 2023, Case #: 3:22cv709, NOS: Motor Vehicle Product Liability - Torts - Personal Injury, Categories: Vehicle, Product Liability, Warranty
J. Trauger denies the bar and music venue's motion in limine, as well as its motion for summary judgment, in this negligence lawsuit arising from an alleged slip and fall that resulted in a bar patron's broken arm. The bar patron's doctors "were adequately disclosed as expert treating physicians." Also, there is an issue of fact as to whether the bar had constructive knowledge of a spilled drink and the alleged "liquid on the floor."
Court: USDC Middle District of Tennessee , Judge: Trauger, Filed On: October 31, 2023, Case #: 3:21cv868, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Tort, Experts
J. Holmes denies the two motions for a more definite statement in this malicious prosecution lawsuit brought by a professional hunter and his wife. The state defendants argue that the allegations in the complaint are "confusing, rambling, and vague." However, discovery and dismissal are the "more appropriate tools" for addressing the allegedly "inartful drafting."
Court: USDC Middle District of Tennessee , Judge: Holmes, Filed On: October 30, 2023, Case #: 3:23cv1028, NOS: Other Civil Rights - Civil Rights, Categories: Civil Procedure, Malicious Prosecution
J. Crenshaw grants the insurance company defendants' motion to enforce the settlement agreement and final judgment in this case concerning the allegedly improper depreciation of "the value of future labor" from certain insurance payments. At issue here are the deposition notices in two other cases. The court concludes that the notices violate the settlement agreement, which prohibits "Class Counsel from using the administration of the Settlement Agreement to support their class certification motions in other cases."
Court: USDC Middle District of Tennessee , Judge: Crenshaw, Filed On: October 23, 2023, Case #: 3:19cv466, NOS: Insurance - Contract, Categories: Insurance, Settlements, Class Action
J. Trauger grants summary judgment to the Department of Veterans Affairs in this lawsuit brought by a former employee alleging that her termination was retaliatory. The employee contends that her termination was related to her participation in an investigation of another employee's hostile work environment complaint. However, she fails to establish a prima facie case for her claim, as there is no evidence that the decision-makers "had knowledge of the plaintiff's protected activity."
Court: USDC Middle District of Tennessee , Judge: Trauger, Filed On: October 20, 2023, Case #: 3:21cv486, NOS: Employment - Civil Rights, Categories: Evidence, Employment Retaliation
J. Richardson denies the plaintiffs' second request for a preliminary injunction in this lawsuit asserting violations of the Tennessee Open Meetings Act and Section 1983. The plaintiffs, which include a high school student and her father, seek an injunction requiring the defendant book review committee "to publish adequate public notice of its meetings in advance of them." However, they fail to demonstrate a likelihood of success on the merits, as the committee's "gatherings" are unlikely to be considered "meetings" under the Act.
Court: USDC Middle District of Tennessee , Judge: Richardson, Filed On: October 13, 2023, Case #: 3:23cv181, NOS: Other Civil Rights - Civil Rights, Categories: Civil Procedure, Public Record
J. Richardson adopts the magistrate judge's recommendation and dismisses this action based on a lack of jurisdiction. The plaintiff, an independent contractor who performed construction and maintenance work for the defendant homeowners association, asserts claims for defamation and sexual harassment. However, he fails to establish a basis for federal question jurisdiction.
Court: USDC Middle District of Tennessee , Judge: Richardson, Filed On: October 13, 2023, Case #: 3:23cv159, NOS: Employment - Civil Rights, Categories: Civil Procedure, Defamation, Jurisdiction
J. Trauger grants the Dollar General defendants' motion to dismiss this stockholder derivative complaint asserting claims for breach of fiduciary duty and unjust enrichment against certain individual directors and executives, in connection with allegations of employee safety failures. The stockholder plaintiff should have given the board of directors an "opportunity to evaluate this proposed lawsuit" prior to bringing suit. Accordingly, he is not entitled to bring the derivative suit under Tennessee law.
Court: USDC Middle District of Tennessee , Judge: Trauger, Filed On: October 12, 2023, Case #: 3:23cv59, NOS: Stockholders’ Suits - Contract, Categories: Securities, Fiduciary Duty
J. Richardson denies the individual plaintiff's motion for a temporary restraining order in this case concerning federal student loan payments. The individual's request lacks the required specificity, particularly as to "what exactly she wishes to enjoin." The motion seeks to maintain the "pandemic-relief student-loan pause," but it fails to provide the necessary details. Additionally, the individual fails to address the issue of a bond, which would be required to cover the potential costs and damages.
Court: USDC Middle District of Tennessee , Judge: Richardson, Filed On: October 10, 2023, Case #: 3:23cv930, NOS: Other Civil Rights - Civil Rights, Categories: Civil Procedure, Debt Collection, Education
J. Richardson denies the plaintiff company's request for a preliminary injunction to prevent the Bureau of Alcohol, Tobacco, Firearms and Explosives from treating its federal firearms license as being terminated "during the pendency of this Court's review." The company has not shown a likelihood of success on the merits.
Court: USDC Middle District of Tennessee , Judge: Richardson, Filed On: September 29, 2023, Case #: 3:23cv544, NOS: Other Statutory Actions - Other Suits, Categories: Civil Procedure, Licensing, Firearms
J. Campbell denies the defendant company's motion for sanctions as it relates to the alleged destruction of evidence on Dec. 29, 2019, in this product liability lawsuit stemming from a fire. The evidence at issue was "highly probative of the claims in this case," but the son's cleanup of the scene does not warrant sanctions.
Court: USDC Middle District of Tennessee , Judge: Campbell, Filed On: September 29, 2023, Case #: 3:20cv941, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: Evidence, Sanctions
J. Campbell grants the school defendants' motion for summary judgment in this lawsuit brought by a former high school student alleging due process violations stemming from an investigation into an incident involving another student. The court concludes that the plaintiff student was not deprived of due process, as he was given "notice of the accusation and an opportunity to respond." Also, the court notes that the disciplinary measures against him were vacated.
Court: USDC Middle District of Tennessee , Judge: Campbell, Filed On: September 28, 2023, Case #: 3:21cv910, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Education
J. Campbell grants the education defendants' motions to dismiss the student's Title IX claim but denies their motions to dismiss the student's equal protection claim. The student, who is a transgender girl, contends that the Tennessee Accommodations for All Children Act violates her rights and she seeks to enjoin its enforcement, specifically as it relates to the use of "multi-occupancy restrooms and changing facilities." However, the student has failed to state a claim under Title IX.
Court: USDC Middle District of Tennessee , Judge: Campbell, Filed On: September 27, 2023, Case #: 3:22cv570, NOS: Education - Civil Rights, Categories: Civil Rights, Education, Lgbtq