42 results for 'judge:"Campbell"'.
J. Campbell enters a default judgment against a transitional home staffing service in the amount of $90,000 for unpaid wages and overtime. The staffing service failed to respond to an employee's allegations that it misclassified her as an independent contractor and failed to pay her for overtime when she worked 16 hours a day, 7 days a week as a sober home manager.
Court: USDC Arizona, Judge: Campbell, Filed On: April 23, 2024, Case #: 2:23cv1882, NOS: Fair Labor Standards Act - Labor, Categories: Employment, Damages
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
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
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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. Campbell partially grants the various dismissal motions filed in this defamation lawsuit brought by a former seminary professor and his wife, who allege that the Southern Baptist Convention published "a false narrative" about them. Their claims are dismissed against a former Lifeway executive and the parent company of an investigator for lack of personal jurisdiction. Lifeway's dismissal motion is granted for failure to state a claim.
Court: USDC Middle District of Tennessee , Judge: Campbell, Filed On: March 8, 2024, Case #: 3:23cv478, NOS: Assault, Libel, & Slander - Torts - Personal Injury, Categories: Defamation, Jurisdiction
J. Campbell mostly denies the Southern Baptist Convention's motion to dismiss in this defamation lawsuit stemming from a "highly publicized report" that allegedly featured the former president of the Southern Baptist Convention in a misleading way. The Southern Baptist Convention fails to show that the former president was a limited-purpose public figure, as nothing in the complaint suggests that he voluntarily injected himself into a sexual abuse controversy or the events surrounding the report. However, his defamation per se is dismissed as duplicative of his defamation claim.
Court: USDC Middle District of Tennessee , Judge: Campbell, Filed On: March 8, 2024, Case #: 3:23cv243, NOS: Assault, Libel, & Slander - Torts - Personal Injury, Categories: Defamation, Emotional Distress
J. Campbell partially grants the metro defendants' dismissal motion in this lawsuit asserting claims for excessive force and negligence in connection with an incident in which an individual experiencing "a mental health crisis" was allegedly shot by police officers with a Taser and a gun, resulting in personal injuries. The defendant police officers are entitled to qualified immunity on the excessive force claim. The constitutional claim against the metropolitan government will not be dismissed, however.
Court: USDC Middle District of Tennessee , Judge: Campbell, Filed On: March 1, 2024, Case #: 3:22cv173, NOS: Civil Rights - Habeas Corpus, Categories: Civil Rights, Immunity
J. Campbell finds the lower court properly revoked defendant’s probation, but improperly ordered him to serve his original sentence in confinement. Defendant was placed on probation after he pleaded guilty to two counts of attempted aggravated sexual battery. He was required to register as a sex offender and serve concurrent 10-year sentences on supervised probation. Defendant violated the terms of his probation when he was arrested and subsequently pleaded guilty to driving under the influence. As a result of the probation violation, the lower court revoked his probation and ordered him to serve his original 10-year sentence in confinement. Defendant argues the confinement order is excessive and he should have been placed back on supervised probation. The instant court finds the record lacks sufficient information to conduct a proper review, as the lower court failed to reason why it ordered defendant to confinement. The matter is remanded to the lower court for further consideration. Affirmed in part.
Court: Tennessee Court of Criminal Appeals, Judge: Campbell, Filed On: February 26, 2024, Case #: W2023-01111-CCA-R3-CD, Categories: Probation, Sentencing, Sex Offender
J. Campbell finds the lower court properly denied defendant’s petition for DNA analysis to be conducted on a knife and other items, but improperly denied the request for analysis of a rape kit. Defendant was convicted of attempted second degree murder, three counts of aggravated rape, especially aggravated robbery, especially aggravated burglary, conspiracy to commit aggravated burglary, theft, and vandalism for his role in the rape and cutting of a 70-year old woman’s throat during the course of a burglary. He filed a request for DNA testing and analysis to be performed on a rape kit, the knife that was used to cut the victim’s throat and other items collected from the scene of the sexual assault. The lower court denied all of his requests, but the instant court finds DNA testing and analysis proper for the rape kit; defendant did not meet the requirements for DNA testing of the other items. Reversed in part.
Court: Tennessee Court of Criminal Appeals, Judge: Campbell, Filed On: February 26, 2024, Case #: W2023-00192-CCA-R3-PC, Categories: Dna, Murder, Sex Offender
J. Campbell dismisses a materials science technology company's motion for preliminary injunction concerning trademark claims against a factory and former business associate in Asia. The factory and business associate sufficiently showed in court that it did not infringe on the company's plastic lined trays and lids when it accepted applications for new products, which were not based on the technology company's prototypes.
Court: USDC Arizona, Judge: Campbell, Filed On: February 26, 2024, Case #: 2:24cv93, NOS: Trademark - Property Rights, Categories: Evidence, Trademark, Contract
J. Campbell finds the lower court improperly determined that the decedent’s attorney-in-fact’s action of signing an arbitration agreement upon his admittance to an assisted living center was outside the scope of her power of attorney and was a health care decision. The instant court finds that the arbitration agreement was a stand-alone agreement and the decedent’s admission to the center was not contingent upon the signing of the agreement, therefore it was a legal decision and fell within the parameters of the the attorney-in-fact’s authority. As such, the arbitration agreement is binding in its terms, extending beyond the signing parties to the decedent’s other surviving family, including his son, and requires the wrongful-death claims to be submitted to arbitration. Reversed.
Court: Tennessee Supreme Court, Judge: Campbell, Filed On: February 16, 2024, Case #: M2021-00927-SC-R11-CV, Categories: Arbitration, Health Care, Wrongful Death
J. Campbell denies the defendant company's motion for summary judgment in this lawsuit brought by a former district manager who alleges that she was subjected to a hostile work environment, sex discrimination and retaliation, as well as age discrimination, during her employment. The former employee argues that she was constructively discharged from her job, which constitutes an adverse employment action. She also alleges that she was replaced by a male employee, and there is an issue of fact regarding "the age of the employee who replaced her."
Court: USDC Middle District of Tennessee , Judge: Campbell, Filed On: December 14, 2023, Case #: 3:22cv544, NOS: Employment - Civil Rights, Categories: Employment Discrimination, Employment Retaliation
J. Campbell finds the lower court properly convicted defendant of first degree premeditated murder, first degree felony murder and especially aggravated burglary for stabbing his estranged wife to death with a butcher knife. The lower court did not abuse its discretion in ordering consecutive sentencing and evidence is sufficient to support his convictions and sentence to life plus twelve years. Affirmed.
Court: Tennessee Court of Criminal Appeals, Judge: Campbell, Filed On: December 8, 2023, Case #: M2022-01751-CCA-R3-CD, Categories: Evidence, Murder, Sentencing
J. Campbell grants a bank's motion for summary judgment on contract claims brought by a consumer who argued that it failed to safeguard his checking account from a third- party scammer. The bank sufficiently showed in court that it is not obligated to protect his account from fraudulent activity after the consumer failed to show that the reversal transactions were facilitated by an automated system.
Court: USDC Arizona, Judge: Campbell, Filed On: October 25, 2023, Case #: 2:21cv2220, NOS: Other Civil Rights - Civil Rights, Categories: Fraud, Banking / Lending, Contract
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
J. Campbell grants the plaintiff company's motion for summary judgment in this contract dispute involving a planned event at the defendant's hotel. The company terminated the agreement, under which the hotel was to hold a block of rooms, and the hotel subsequently sent the company an invoice for liquidated damages. The company's "reliance on the force majeure provision" of the parties' agreement was valid, as there were ongoing restrictions related to Covid-19 at the time of the planned event.
Court: USDC Middle District of Tennessee , Judge: Campbell, Filed On: September 26, 2023, Case #: 3:21cv810, NOS: Other Contract - Contract, Categories: Covid-19, Contract