13 results for 'judge:"Carney-Axon"'.
J. Carney-Axon grants, in part, a sheriff’s motion to dismiss this civil rights case brought by a bingo hall alleging arbitrary and capricious fees were imposed on electronic gaming operations. In certain Alabama counties, voters approved the operation of nonprofit bingo halls by constitutional amendment, and allowed the sheriff’s department to collect an assessment fee. The court directs the bingo hall to file a second amended complaint on its equal protection and unlawful taking claims.
Court: USDC Northern District of Alabama , Judge: Carney-Axon, Filed On: December 13, 2023, Case #: 7:23cv1297, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Constitution, Due Process
J. Carney-Axon denies the insurers’ motion for summary judgment and motion for reconsideration for this vehicle accident lawsuit. The allegations in the state court are unclear who is the owner of the involved vehicle, this construing in favor of the coverage. The insurers would have no duty to cover, under the insured’s commercial lines policy, if the driver was driving her own vehicle.
Court: USDC Northern District of Alabama , Judge: Carney-Axon, Filed On: November 13, 2023, Case #: 2:22cv1236, NOS: Insurance - Contract, Categories: Insurance, Vehicle
J. Carney-Axon grants, in part, motion to dismiss for failure to state a claim in this lawsuit brought by a citizen on allegations of governmental misconduct against the department of revenue, an auditor and the district attorney. The citizen alleges after he was a witness in another case involving his son, the department initiated an audit of his taxes, which was governmental conspiracy of retaliation. The citizen failed to state a plausible claim against the state and district attorney that the claims were in fact due to his son’s case. The citizen must show cause on why the auditor’s motion to dismiss should not be dismissed.
Court: USDC Northern District of Alabama , Judge: Carney-Axon, Filed On: November 8, 2023, Case #: 2:23cv1116, NOS: Other Civil Rights - Civil Rights, Categories: Tax
J. Carney-Axon grants summary judgment as to all claims in favor of two manufacturing companies in a dispute arising after a fire that halted production of magnesium cross-car beams used by Mercedes-Benz. “Alabama law generally bars double recoveries, and, although a party is entitled to full compensation for his injuries, he can gain but one satisfaction.” Both companies have been compensated for the alleged damages but have not carried the burden of fully mitigated damages. The court denies Mercedes-Benz’s request for cost and attorney fees for failing to brief why they were entitled to these fees. The insurer’s motion for partial summary judgment is denied as moot for availability of a force majeure affirmative defense as to the two manufacturing companies. “An affirmative defense is relevant only if a party prevails on liability,” the court will enter judgment for all claims.
Court: USDC Northern District of Alabama , Judge: Carney-Axon, Filed On: October 25, 2023, Case #: 7:22cv257, NOS: Other Contract - Contract, Categories: Insurance, Contract, Attorney Discipline
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free