189 results for 'court:"USDC Middle District of Tennessee "'.
J. Trauger grants the restaurant defendants' motion for summary judgment in this lawsuit brought by a former employee alleging age discrimination in connection with his termination. The former employee, who worked as a general manager, fails to show that his termination was due to his age. The defendants cited "his restaurant's culture, as evidenced by the complaints," and he does not establish that the reason was pretext for discrimination.
Court: USDC Middle District of Tennessee , Judge: Trauger, Filed On: April 25, 2024, Case #: 3:22cv885, NOS: Employment - Civil Rights, Categories: Civil Rights, Evidence, Employment Discrimination
J. Trauger partially grants the pharmacy defendants' dismissal motion in this lawsuit seeking injunctive relief against a former employee who allegedly went to work for a direct competitor. The dismissal motion is granted as to two of the plaintiff companies, as the complaint "fails to state a claim on behalf of these entities for which relief may be granted." The court additionally finds that the remaining plaintiffs are entitled to a preliminary injunction, based on the relevant factors.
Court: USDC Middle District of Tennessee , Judge: Trauger, Filed On: April 24, 2024, Case #: 3:23cv1217, NOS: Other Contract - Contract, Categories: Interference With Contract, Contract
J. Campbell grants in part the Tennessee NAACP's motion for summary judgment as to certain counts in this lawsuit concerning the state's voter registration forms and its processing of those forms, particularly as it relates to individuals convicted of a felony. The court concludes that the forms at issue fail to comply with the National Voter Registration Act requirement to inform "applicants of voter eligibility requirements." The court cannot establish the "level of specificity" required, however, based on the parties' insufficient briefing.
Court: USDC Middle District of Tennessee , Judge: Campbell, Filed On: April 18, 2024, Case #: 3:20cv1039, NOS: Voting - Civil Rights, Categories: Civil Rights, Elections
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J. Richardson partially grants the restaurant's motion to compel arbitration of the chef's claims in this lawsuit alleging discrimination, retaliation and a hostile work environment. The chef fails to sufficiently create a question of fact regarding whether he electronically signed the arbitration agreement. Accordingly, the court will enforce the arbitration agreement, though the restaurant is not entitled to attorney fees.
Court: USDC Middle District of Tennessee , Judge: Richardson, Filed On: April 16, 2024, Case #: 3:24cv3, NOS: Employment - Civil Rights, Categories: Arbitration, Employment, Contract
J. Trauger grants the former employer's motion for summary judgment and dismisses this lawsuit alleging a failure to accommodate and disability discrimination under the Americans with Disabilities Act. The former employee, who allegedly wanted space in the back of business to store her oxygen tank, testified that she was never actually denied "an accommodation that she sought." Instead, she bases her claim on an allegation that she was not told when or where to clear the space. The court concludes that her requested accommodation was in fact granted, and also, her complaint regarding breaks is not supported by the evidence.
Court: USDC Middle District of Tennessee , Judge: Trauger, Filed On: April 10, 2024, Case #: 3:22cv874, NOS: Employment - Civil Rights, Categories: Ada / Rehabilitation Act, Employment Discrimination, Employment Retaliation
J. Trauger grants in part the third-party defendant's dismissal motion in this dispute involving alleged violations of the Fair Housing Act at an apartment complex. The third-party complaint, which was brought by the previous property owner and a developer, alleges that the architect had a duty to design the property in compliance "with all applicable codes, rules, and regulations" and asserts claims for indemnification and breach of contract. The state law claim for equitable indemnification is dismissed, as "it is preempted under the FHA." The equitable contribution claim is not preempted, however, and it survives dismissal.
Court: USDC Middle District of Tennessee , Judge: Trauger, Filed On: April 9, 2024, Case #: 3:23cv297, NOS: Housing/Accommodations - Civil Rights, Categories: Civil Procedure, Housing, Indemnification
J. Crenshaw grants the company defendants' dismissal motion and remands the remaining claims in this employment dispute based on a lack of jurisdiction. The plaintiff, who worked as an account executive under an "at will employment arrangement," failed to file a timely response to the dismissal motion, and the court additionally finds that the claims "fail on the merits."
Court: USDC Middle District of Tennessee , Judge: Crenshaw, Filed On: April 9, 2024, Case #: 2:24cv8, NOS: Other Labor Litigation - Labor, Categories: Employment, Jurisdiction
J. Newbern recommends that the insurance company's dismissal motions be denied in this case arising from a three-vehicle accident and the "state court proceedings related to the accident." The court rules that the company's motions are untimely and insufficient. However, the court also recommends that the case be dismissed without prejudice based on a lack of jurisdiction. The motorist's claims are barred under the Rooker-Feldman doctrine.
Court: USDC Middle District of Tennessee , Judge: Newbern, Filed On: April 4, 2024, Case #: 3:23cv1244, NOS: Other Contract - Contract, Categories: Insurance, Jurisdiction
J. Trauger denies the Starstruck Entertainment defendants' motion for summary judgment in this lawsuit brought by a land owner seeking to challenge the cancellation of his trademark registration for the word mark "Starstruck Farm," in connection with a piece of land that was allegedly previously owned by Reba McEntire and her then-husband Narvel Blackstock. Starstruck Entertainment, which was founded by the couple, is now "operated by Blackstock alone," and the associated trust holds a trademark registration for the word mark "Starstruck." The Starstruck Entertainment defendants, which are no longer affiliated with McEntire, have shown "some evidence that is supportive of cancellation," but the court concludes that there are issues of fact precluding summary judgment.
Court: USDC Middle District of Tennessee , Judge: Trauger, Filed On: April 2, 2024, Case #: 3:23cv44, NOS: Trademark - Property Rights, Categories: Civil Procedure, Trademark
J. Trauger denies the fencing defendants' motions to compel arbitration of the claims in this lawsuit alleging that a fencing student was sexually abused by her fencing coach while the student was a minor. The U.S. Fencing Association, which is the "national governing body for the sport," contends that the organization's membership waiver contains an arbitration clause. However, as the plaintiffs argue, the organization litigated the case "for nearly a year before ever raising the issue of arbitration." The court concludes that the governing organization acted inconsistently "with an intention to arbitrate."
Court: USDC Middle District of Tennessee , Judge: Trauger, Filed On: April 2, 2024, Case #: 3:22cv560, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Arbitration, Civil Procedure, Emotional Distress
J. Crenshaw grants the dismissal motion filed by the Metropolitan Government of Nashville and Davidson County, as well as the motion filed by the City of Mt. Juliet, in this lawsuit arising from the shooting death of an individual on the side of Interstate 65. The complaint alleges that he was shot 12 times, including five times "after he had fallen to the ground," and the court concludes that it plausibly alleges excessive force against the individual officers. However, the surviving spouse abandoned her Section 1983 claims against the Metro government and fails to show that the municipal defendants waived their immunity to the negligence claim.
Court: USDC Middle District of Tennessee , Judge: Crenshaw, Filed On: April 1, 2024, Case #: 3:22cv721, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Immunity
J. Richardson grants the Nissan defendant's motion to compel arbitration in this class action. The court concludes that the "dispute over arbitrability has been delegated to the arbitrator" as it relates to the specific customer at issue. Also, the company's dismissal motion is denied as moot, though it can refile "with arguments specific to the plaintiffs actively before the Court."
Court: USDC Middle District of Tennessee , Judge: Richardson, Filed On: March 31, 2024, Case #: 3:22cv830, NOS: Motor Vehicle Product Liability - Torts - Personal Injury, Categories: Arbitration, Civil Procedure, Class Action
J. Crenshaw grants in part and denies in part the competing motions for summary judgment in this lawsuit concerning a transgender high school student's desire to "try out for the boy's golf team." The student's complaint brings an as-applied challenge to the state's Gender in Athletics Law and the county's revised athletics policy. The court concludes that the rules, as applied to the student, violate the equal protection clause, though they do not violate Title IX. Accordingly, the student will be granted injunctive relief and permitted to try out for the team.
Court: USDC Middle District of Tennessee , Judge: Crenshaw, Filed On: March 29, 2024, Case #: 3:21cv835, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Education
J. Campbell denies the metropolitan government's motion for summary judgment in this lawsuit brought by an employee in the fire department who asserts claims of sex discrimination and retaliation under Title VII, as well as age discrimination and retaliation under the Age Discrimination in Employment Act, after she was allegedly not promoted to the fire marshal position. The government fails to establish its statute of limitations defense. The employee also provides ample evidence of her qualifications for the job, including that she worked in the fire marshal's office for over 30 years, oversaw the day-to-day operations and was instructed to train the new fire marshal.
Court: USDC Middle District of Tennessee , Judge: Campbell, Filed On: March 27, 2024, Case #: 3:22cv680, NOS: Employment - Civil Rights, Categories: Employment Discrimination, Employment Retaliation
J. Campbell mostly denies the employers' dismissal motions in this lawsuit brought by a former employee who alleges that she was fired after complaining about a client's sexual harassment. The dismissal motions are granted as to her claim for "participation in a venture engaged in sex trafficking." The allegations do not show that the employers had notice of "a commercial sex act," as required under the federal statute. Their motions are denied as to the remaining counts.
Court: USDC Middle District of Tennessee , Judge: Campbell, Filed On: March 26, 2024, Case #: 3:23cv477, NOS: Other Statutory Actions - Other Suits, Categories: Civil Rights, Employment
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
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