191 results for 'court:"USDC Middle District of Tennessee "'.
J. Trauger denies the competing motions for summary judgment in this lawsuit brought under the Tennessee Public Protection Act, alleging that the plaintiff employee was terminated based on his "refusal to remain silent" about the defendant construction company's allegedly illegal activities at a jobsite. The company argues that the employee failed to properly "report" the alleged activity, which involved a broken sewer pipe, to someone who was not "responsible for the conduct." However, the employee has "at the very least" shown a factual dispute as to whether reporting the activity to a management employee was sufficient under the TPPA.
Court: USDC Middle District of Tennessee , Judge: Trauger, Filed On: May 17, 2023, Case #: 3:21cv737, NOS: Employment - Civil Rights, Categories: Employment, Whistleblowers
J. Trauger partially grants the franchisor defendants' motion to compel arbitration in this suit alleging fraudulent inducement to contract. The plaintiff franchisee will be required to "submit his claims to arbitration," as the franchise agreement does not exclude fraudulent inducement claims from arbitration. The court will also stay the case, except for the request for a preliminary injunction, which is partially granted.
Court: USDC Middle District of Tennessee , Judge: Trauger, Filed On: May 16, 2023, Case #: 3:22cv775, NOS: Franchise - Contract, Categories: Arbitration, Civil Procedure, Contract
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J. Trauger partially grants the employer's motion for summary judgment in this lawsuit brought by a former employee, who asserts claims of disability discrimination and retaliation under the Americans with Disabilities Act, as well as claims for interference and retaliation under the Family and Medical Leave Act. The employee's claims under the Tennessee Disability Act are dismissed as time-barred. Summary judgment is also appropriate as to his retaliation claims.
Court: USDC Middle District of Tennessee , Judge: Trauger, Filed On: May 15, 2023, Case #: 3:21cv815, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Ada / Rehabilitation Act, Employment Discrimination, Employment Retaliation
J. Holmes recommends granting most of the dismissal motions in this pro se lawsuit involving certain state court lawsuits in which the individual plaintiff was a party, as well as an alleged incident where his fence was broken when two police officers entered his property to serve a summons. The pro se complaint has "significant deficiencies that cannot be overlooked and that require the dismissal of many of his claims." His claim related to the alleged fence damage, however, should survive dismissal.
Court: USDC Middle District of Tennessee , Judge: Holmes, Filed On: May 11, 2023, Case #: 3:22cv1048, NOS: Other Civil Rights - Civil Rights, Categories: Civil Procedure, Civil Rights
J. Holmes denies the parties' request for a discovery conference, finding that a conference is unnecessary to rule on the disputed discovery issues. As to certain discovery requests, the court concludes that the government has not complied with its prior orders. In regard to sanctions, the Methodist defendants should file a motion for an award of attorney fees within seven days of this order.
Court: USDC Middle District of Tennessee , Judge: Holmes, Filed On: May 10, 2023, Case #: 3:17cv902, NOS: Qui Tam (31 U.S.C. § 3729(a)) - Torts - Personal Property, Categories: Sanctions, Discovery, False Claims