19 results for 'judge:"Proctor"'.
J. Proctor denies a group of boarding schools’ partial motion to dismiss this civil rights lawsuit brought by a class of former students who say they were subject to forced labor and abuse, violations of the Trafficking Victims Protection Reauthorization Act. They bring plausible evidence that the company schemed to control and oversee the facilities, supporting a conspiracy claim as well as the TVPRA claims.
Court: USDC Northern District of Alabama , Judge: Proctor, Filed On: July 5, 2024, Case #: 2:23cv1063, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Evidence, Negligence
J. Proctor grants a remediation company and its owners’ motion to remand this contract dispute against a digital marketing company back to the circuit court for lack of subject matter jurisdiction. The owners limited the claim of recovery to $74,000 or less, but the marketing company failed to show evidence that the amount of controversy exceeded $75,000.
Court: USDC Northern District of Alabama , Judge: Proctor, Filed On: July 5, 2024, Case #: 2:24cv150, NOS: Other Contract - Contract, Categories: Jurisdiction, Contract
J. Proctor grants an employer’s motion for summary judgment in this employment dispute brought by a former employee alleging she was terminated for taking time off under the Family and Medical Leave Act, and suffered wage discrimination based on sex per the Equal Pay Act. She refused to take another position and failed to confer with the employer before taking off for the FMLA time, and fails to show evidence of a discriminatory or retaliating action.
Court: USDC Northern District of Alabama , Judge: Proctor, Filed On: June 12, 2024, Case #: 2:21cv1637, NOS: Employment - Civil Rights, Categories: Evidence, Employment Discrimination, Employment Retaliation
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J. Proctor grants the company's motion to transfer the insurers' declaratory judgment action from the northern district of Alabama to the northern district of Georgia. The insurers seek an order affirming that they have no duty to provide insurance coverage to the company in connection with underlying actions filed by municipal entities alleging that the company is responsible for environmental contamination due to water runoff containing pollutants. The instant case could have been filed in Georgia court because the company's primary place of business is in Georgia and the events giving rise to the coverage issues occurred in Georgia. The convenience of witnesses and the location of relevant documents supports the transfer to Georgia.
Court: USDC Northern District of Georgia, Judge: Proctor, Filed On: June 7, 2024, Case #: 4:24cv147, NOS: Insurance - Contract, Categories: Environment, Insurance, Venue
J. Proctor denies, in part, a residential community’s motion to dismiss this wrongful death lawsuit stemming from an 18-year-old drowning in the common area pool. The decedent’s mother alleges there was no lifeguard on duty in which the community has no duty to warn. She fails to state a claim or pled her negligence per se claim and fails to “precisely identify the facts relevant to each count and rolling those allegations from one count to another makes her complaint a shotgun pleading.”
Court: USDC Northern District of Alabama , Judge: Proctor, Filed On: May 23, 2024, Case #: 2:23cv1540, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Negligence, Wrongful Death
J. Proctor denies, in part, the board of trustees, an employee relations representative and an administrative employee’s motion for summary judgment in this employment dispute stemming from a former research scientist from Iran alleging discrimination, harassment and retaliation after she was arrested for an altercation with a supervisor. She alleges racial and national origin harassment and retaliation claims. She fails to exhaust her administrative prerequisites or presented enough evidence making her discrimination and harassment claims viable against the board, but the termination is an adverse action that sustains her retaliation claims.
Court: USDC Northern District of Alabama , Judge: Proctor, Filed On: May 14, 2024, Case #: 2:21cv1302, NOS: Employment - Civil Rights, Categories: Employment Discrimination, Employment Retaliation
[Consolidated.] J. Proctor denies, in part, a class of companies’ motion to compel pre-2015 structured data or, alternatively, to declare the Rule 37 implications of insurers’ refusal to produce the data in this antitrust lawsuit that partially centers on when the alleged injuries occurred. The insurers’ motion for a protective order based on the appropriate statute of limitations for the companies’ claims is denied, in part. There is a genuine issue of material fact concerning the limitations period of the claims and pre-2015 structured data, but the court agrees it began no earlier than 2015. The court barred the insurer Anthem from using the missing pre-2015 structured data against the companies and the precise limitations period shall be determined.
Court: USDC Northern District of Alabama , Judge: Proctor, Filed On: April 30, 2024, Case #: 2:21cv1209, NOS: Antitrust - Other Suits, Categories: Antitrust, Evidence, Class Action
J. Proctor grants an insurance company’s renewed motion for summary judgment in this general liability insurance dispute with a properties company and its owner. The insured failed to show that the insurer is duty bound for indemnification and failed to provide a reasonable excuse for delay notice. Therefore, the insurer is not obligated to defend or indemnify the insured with respect to underlying claims and arbitration.
Court: USDC Northern District of Alabama , Judge: Proctor, Filed On: March 15, 2024, Case #: 2:22cv738, NOS: Insurance - Contract, Categories: Insurance, Indemnification
J. Proctor denies the insurance company Blue Cross Blue Shield’s motion for partial summary judgment from this lawsuit related to several of BCBS’s “Blue Plans” in this antitrust litigation trademark dispute brought by a St. Paul, Minnesota, hospital. The Blue Plans used the hospital’s symbol, but not the mark, and BCBS argues it has common law trademark rights to the symbol. Questions of fact remain regarding the licenses to the marks in various markets.
Court: USDC Northern District of Alabama , Judge: Proctor, Filed On: January 31, 2024, Case #: 2:13cv20000, NOS: Other Statutory Actions - Other Suits, Categories: Antitrust, Evidence, Trademark
J. Proctor grants a medical trust’s motion for issuance of a letter or request pursuant to the Hague Convention to permit evidence from Cheyne Capital, of the United Kingdom, related to allegations of defamation published by a research company. The court finds the letter of request falls within the discovery and comity considerations for the requested discovery. The court overrules the research company’s objections to produce the discovery and orders the communications to be produced to a protective order. The court also overrules, in part, the medical trust’s objections related to a bail out loan in lieu of rent and other financial obligations owed.
Court: USDC Northern District of Alabama , Judge: Proctor, Filed On: January 12, 2024, Case #: 2:23cv408, NOS: Assault, Libel, & Slander - Torts - Personal Injury, Categories: Defamation, Discovery
J. Proctor grants three police officers' motion for summary judgment on the civilian's false arrest claim alleging that the officers racially profiled him and had no reason to arrest him when he was watering flowers for a neighbor. The civilian refused to properly identify himself, prompting the officers to legally arrest him for obstruction, so the officers are entitled to state agent immunity.
Court: USDC Northern District of Alabama , Judge: Proctor, Filed On: December 21, 2023, Case #: 1:22cv1165, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Immunity, Police Misconduct
J. Proctor grants a group home’s motion for summary judgment on Rehabilitation Act, Fair Housing Act, Americans with Disabilities Act, negligence and other claims brought by a mentally disabled resident alleging he was abused and neglected. The resident fails to establish a prima facie case for his retaliation claim under the Rehabilitation Act. All other claims are to be denied.
Court: USDC Northern District of Alabama , Judge: Proctor, Filed On: November 7, 2023, Case #: 7:21cv308, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Ada / Rehabilitation Act, Negligence, Housing
J. Proctor denies a couple’s motion for partial summary judgment in this lawsuit over flooding on their property caused by drainage from a steel company’s property for trespass and nuisance. The court grants, in part, summary judgment to the steel company on the couple’s injunction claim. The couple stated in the first amended complaint the injunction as a separate claim, however, “an injunction is a remedy, not a separate claim or cause of action.” All other claims are denied.
Court: USDC Northern District of Alabama , Judge: Proctor, Filed On: November 3, 2023, Case #: 2:18cv1693, NOS: Torts to Land - Real Property, Categories: Property, Negligence, Injunction
J. Proctor grants in part a correctional institute, correctional officers and supervisors four motions to dismiss supervisory liability and excessive force claims brought by a mother who alleges her son wrongfully died when correctional officers struck him repeatedly in the face and head during an altercation with another inmate at the Donaldson Correctional Facility. The mother failed to plead a plausible claim of supervisory liability against the Alabama Department of Corrections and three supervisors from the Investigation and Intelligence Division. The mother properly plead a plausible claim supervisory liability against the Donaldson supervisors, who have not proved they are entitled qualified immunity. Therefore, all other motions to dismiss are denied.
Court: USDC Northern District of Alabama , Judge: Proctor, Filed On: November 2, 2023, Case #: 2:20cv499, NOS: Other Civil Rights - Civil Rights, Categories: Negligence, Wrongful Death, Prisoners' Rights