20 results for 'judge:"Corker"'.
J. Corker grants the former employer’s motion for summary judgment in this lawsuit alleging discrimination under the Age Discrimination in Employment Act. The former employees fail to provide direct evidence of age discrimination, and they do not dispute that their terminations “occurred in the context of a workforce reduction.” Additionally, they do not show that the reasons given by the employer were pretext for discrimination.
Court: USDC Eastern District of Tennessee , Judge: Corker, Filed On: May 7, 2024, Case #: 3:22cv392, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination
J. Corker grants the employer's summary judgment motion and dismisses the former employee's claims asserting violations of the Americans with Disabilities Act and the Family and Medical Leave Act. The employee, who worked as a bucket foreman repairing utility lines, allegedly suffered from a health issue that caused him to briefly lose consciousness. The employer had a valid reason "to believe that Plaintiff was a serious potential threat to himself, or other employees, given the nature of his job." The court concludes that there were no accommodations that would eliminate the risk of harm.
Court: USDC Eastern District of Tennessee , Judge: Corker, Filed On: April 17, 2024, Case #: 2:22cv112, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Ada / Rehabilitation Act, Employment Discrimination
J. Corker denies the defendant health care entities' dismissal motion in this class action asserting claims for violations of the Racketeer Influenced and Corrupt Organizations Act, as well as claims for unjust enrichment and declaratory judgment, based on an alleged scheme of upcoding and overbilling. The court holds that the plaintiffs have sufficiently alleged the predicate RICO acts with the particularity required and "plausibly pleaded a RICO conspiracy claim."
Court: USDC Eastern District of Tennessee , Judge: Corker, Filed On: March 29, 2024, Case #: 3:23cv111, NOS: Racketeer Influenced and Corrupt Organizations (RICO) - Other Suits, Categories: Health Care, Class Action, Racketeering
J. Corker dismisses the dog owners' amended complaint, in which they assert "various theories of liability" against the veterinary defendants following the death of their pet. The owners' claims against the state defendants are barred under the doctrine of sovereign immunity. The owners' due process claim also fails as the escalation in the dog's care was "voluntary," and they fail to state an equal protection claim, as they have not shown how they were treated "worse than similarly situated individuals."
Court: USDC Eastern District of Tennessee , Judge: Corker, Filed On: March 18, 2024, Case #: 3:22cv414, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Health Care
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J. Corker partially grants the defendant law enforcement officer's motion for summary judgment and dismisses the couple's federal claims under Section 1983 against him. The couple alleges that the officer, an employee of the University of Tennessee Police Department, mistakenly approached their home with a gun and "demanded to know why they were in 'his' home," in violation of their constitutional rights. However, they fail to show that the officer, whose actual house was allegedly "right next door," was acting under color of state law at the time of the incident. The court also declines to exercise jurisdiction over their state law claims.
Court: USDC Eastern District of Tennessee , Judge: Corker, Filed On: January 10, 2024, Case #: 3:22cv188, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Constitution, Jurisdiction
J. Corker grants the city defendants' motion for summary judgment in this lawsuit brought by a citizen asserting civil rights violations, after an officer allegedly shot his dog with a shotgun. The citizen also alleges that he was arrested without probable cause, in a separate incident, for "threatening" his former girlfriend. The shooting was reasonable as the officer could have viewed the dog, which was running loose, as "an imminent threat" to another officer. Also, the officers had probable cause to arrest the citizen "for threatened breach of the peace."
Court: USDC Eastern District of Tennessee , Judge: Corker, Filed On: November 30, 2023, Case #: 1:22cv47, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights
J. Corker partially grants the dismissal motions filed in this lawsuit alleging that the pro se plaintiff is the target of "an ongoing conspiracy between defendants" to defame and extort him. The plaintiff, a content publisher who "claims to reside in Minnesota," fails to establish that venue is proper in the Eastern District of Tennessee. The court notes that dismissal is without prejudice.
Court: USDC Eastern District of Tennessee , Judge: Corker, Filed On: August 25, 2023, Case #: 2:23cv11, NOS: Other Civil Rights - Civil Rights, Categories: Civil Procedure, Civil Rights, Venue
J. Corker partially adopts the recommendation of the magistrate judge in this pro se lawsuit, specifically as to the finding that the court lacks the authority to grant the individual's "requested injunctive relief." The litigant allegedly seeks to enjoin the enforcement of a civil stalking protection order, but the Anti-Injunction Act bars the court "from enjoining those enforcement proceedings." Also, the exceptions do not apply.
Court: USDC Eastern District of Tennessee , Judge: Corker, Filed On: August 25, 2023, Case #: 2:23cv11, NOS: Other Civil Rights - Civil Rights, Categories: Civil Procedure, Restraining Order
J. Corker grants the city's motion for summary judgment in this lawsuit arising from a fatal shooting at an apartment complex, where a city police officer was "investigating a hit and run." The officer allegedly shot an individual following a struggle, and the decedent's estate now asserts claims for excessive force and municipal liability. However, the estate fails to establish the city's liability under a failure-to-train theory or a ratification theory.
Court: USDC Eastern District of Tennessee , Judge: Corker, Filed On: August 15, 2023, Case #: 3:20cv387, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Wrongful Death
J. Corker partially grants the defendant companies' dismissal motion in this lawsuit involving a government contract for a residential compound in Somalia. The plaintiff company brings claims for breach of contract and tortious interference with a contract, after the prime contractor allegedly contracted with another company "to provide the residential services." The breach of contract claim is dismissed "as to the confidentiality provision in Article 14 of the MSA."
Court: USDC Eastern District of Tennessee , Judge: Corker, Filed On: July 20, 2023, Case #: 3:21cv178, NOS: Other Contract - Contract, Categories: Interference With Contract, Contract
J. Corker partially grants the plaintiff company's motion for summary judgment in this lawsuit concerning the use of a "rebuttable presumption" of social disadvantage for certain minority groups in determining access to "a federal program that awards government contracts on a preferred basis to businesses owned by individuals in those minority groups." The plaintiff small business has standing, and the government defendants have not shown "a compelling interest for their use of the rebuttable presumption," or that the presumption is "narrowly tailored." Accordingly, the court enjoins use of the rebuttable presumption in the Small Business Administration's 8(a) program.
Court: USDC Eastern District of Tennessee , Judge: Corker, Filed On: July 19, 2023, Case #: 2:20cv41, NOS: Other Civil Rights - Civil Rights, Categories: Constitution, Government, Equal Protection
J. Corker strikes the first nine claims of the individual's amended complaint, as they fail to comply with the court's express order prohibiting him "from relitigating matters already decided by the Court." The pro se plaintiff's remaining claims, which are directed against an attorney and a law firm, are dismissed based on a lack of subject matter jurisdiction.
Court: USDC Eastern District of Tennessee , Judge: Corker, Filed On: June 20, 2023, Case #: 1:22cv264, NOS: Other Contract - Contract, Categories: Civil Procedure, Jurisdiction
J. Corker grants the Arizona companies' motion to dismiss this trademark infringement lawsuit brought by a Tennessee company that digitizes physical media for consumers and markets its service with the trademark "Legacybox." The Arizona companies do not have "systematic" contacts with the state, and the allegations do not show that they "purposefully availed themselves of the privilege of acting in Tennessee." Accordingly, they are not subject to jurisdiction.
Court: USDC Eastern District of Tennessee , Judge: Corker, Filed On: June 1, 2023, Case #: 1:22cv210, NOS: Trademark - Property Rights, Categories: Trademark, Jurisdiction