23 results for 'judge:"Crenshaw"'.
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. 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. 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. 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
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J. Crenshaw denies the defendant trucking company's motion to dismiss for improper venue or, alternatively, to transfer venue. The plaintiff insurance company seeks a declaratory judgment regarding its duty to defend or indemnify the company in an underlying state court case. The incident at issue in the underlying case allegedly occurred at a truck stop in Tennessee, and the case is "pending in Tennessee state court."
Court: USDC Middle District of Tennessee , Judge: Crenshaw, Filed On: February 16, 2024, Case #: 3:23cv1059, NOS: Insurance - Contract, Categories: Insurance, Tort, Venue
J. Crenshaw denies the former employee's motion to dismiss this breach of contract case based on a lack of personal jurisdiction. The former employee, a remote worker who allegedly violated the non-compete provision in his employment contract, seeks dismissal based on a lack of jurisdiction, as he mainly worked from Florida. However, he made multiple trips to Tennessee "for work-related activities."
Court: USDC Middle District of Tennessee , Judge: Crenshaw, Filed On: January 29, 2024, Case #: 3:22cv606, NOS: Other Contract - Contract, Categories: Employment, Jurisdiction, Contract
J. Crenshaw denies the motion to supplement filed by the plaintiff, who is an "advocate for the disabled," in this lawsuit regarding a car rental company's compliance with the Americans with Disabilities Act. The advocate alleges that the business lacks "van accessible parking" and designated accessible parking. However, he fails to show good cause for why the complaint was not amended earlier. Additionally, the court will grant the defendant's dismissal motion.
Court: USDC Middle District of Tennessee , Judge: Crenshaw, Filed On: January 12, 2024, Case #: 3:23cv496, NOS: Amer w/Disabilities - Other - Civil Rights, Categories: Civil Procedure, Ada / Rehabilitation Act
J. Crenshaw denies the property managers' motion to dismiss the multifamily plaintiffs' second amended complaint in this antitrust case alleging that a software company and its clients "have formed an illegal price-fixing cartel" in the multifamily housing market. The complaint sufficiently alleges that a certain revenue management service called Lease Rent Options "uses private data." Also, the prior complaint does not contradict the current complaint. Accordingly, the court declines to dismiss the claims "as they relate to LRO from the Multifamily Complaint."
Court: USDC Middle District of Tennessee , Judge: Crenshaw, Filed On: December 28, 2023, Case #: 3:22cv1082, NOS: Antitrust - Other Suits, Categories: Antitrust, Civil Procedure, Housing
J. Crenshaw denies the lessors' dismissal motion related to the multifamily complaint but grants the dismissal motion pertaining to the student complaint in this consolidated litigation alleging "an illegal price-fixing conspiracy" in the student and multifamily rental housing markets. The student complaint fails to "adequately plead an unreasonable restraint of trade under the Rule of Reason."
Court: USDC Middle District of Tennessee , Judge: Crenshaw, Filed On: December 28, 2023, Case #: 3:22cv1082, NOS: Antitrust - Other Suits, Categories: Antitrust, Housing
J. Crenshaw denies the Thoma Bravo defendants' dismissal motions in this litigation alleging that a privately-owned software company, RealPage, and its clients have "an illegal price-fixing cartel" in the rental housing markets. The Thoma Bravo defendants contend that "parent corporations are not liable for the acts of their subsidiaries." However, the multifamily and student housing plaintiffs have sufficiently alleged Thoma Bravo's involvement in the alleged conspiracy at this "early stage" of the litigation.
Court: USDC Middle District of Tennessee , Judge: Crenshaw, Filed On: December 28, 2023, Case #: 3:23cv326, NOS: Antitrust - Other Suits, Categories: Antitrust, Housing
J. Crenshaw denies the government's motion for judgment as a matter of law or for a new trial in this case concerning excise tax on certain "glider semi trucks sold between 2012 and 2017." A jury found that the truck company is not liable for excise tax on the trucks, which were allegedly manufactured by placing rebuilt engines into glider kits. The government fails to establish its argument concerning the sufficiency of the evidence, and a new trial is not warranted based on the exclusion of a certain expert.
Court: USDC Middle District of Tennessee , Judge: Crenshaw, Filed On: November 21, 2023, Case #: 2:20cv26, NOS: Taxes (U.S. Plaintiff or Defendant) - Federal Tax Suits, Categories: Evidence, Tax, Experts
J. Crenshaw grants the insurance company defendants' motion to enforce the settlement agreement and final judgment in this case concerning the allegedly improper depreciation of "the value of future labor" from certain insurance payments. At issue here are the deposition notices in two other cases. The court concludes that the notices violate the settlement agreement, which prohibits "Class Counsel from using the administration of the Settlement Agreement to support their class certification motions in other cases."
Court: USDC Middle District of Tennessee , Judge: Crenshaw, Filed On: October 23, 2023, Case #: 3:19cv466, NOS: Insurance - Contract, Categories: Insurance, Settlements, Class Action
J. Crenshaw grants the request for attorney fees in this disability discrimination lawsuit concerning the delivery of certain personal assistance and home health services. The parties previously entered into a settlement agreement, and the court disagrees with the defendant service providers' assessment that this was a "nuisance settlement." Additionally, the revised amount requested is reasonable.
Court: USDC Middle District of Tennessee , Judge: Crenshaw, Filed On: September 15, 2023, Case #: 3:21cv509, NOS: Amer w/Disabilities - Other - Civil Rights, Categories: Ada / Rehabilitation Act, Health Care, Attorney Fees
J. Crenshaw grants summary judgment to the Department of Veterans Affairs and dismisses the former employee's claims for discrimination, retaliation and hostile work environment. The former employee, a neurologist from Bangladesh, fails to establish a prima facie case of national origin discrimination. Also, his allegations fail to establish a hostile work environment claim.
Court: USDC Middle District of Tennessee , Judge: Crenshaw, Filed On: August 28, 2023, Case #: 3:21cv107, NOS: Employment - Civil Rights, Categories: Health Care, Employment Discrimination, Employment Retaliation
J. Crenshaw adopts the recommendation of the magistrate judge and grants the various defendants' dismissal motions in this lawsuit arising from a press reporter's attempt to report on a judicial conference that was being held at a hotel. The reporter contends that he was forced to leave the event in violation of his rights. However, his complaint was not timely filed, and the magistrate judge was correct not to apply the "mailbox rule" to his filing.
Court: USDC Middle District of Tennessee , Judge: Crenshaw, Filed On: August 7, 2023, Case #: 3:22cv911, NOS: Other Civil Rights - Civil Rights, Categories: Civil Procedure, Civil Rights
J. Crenshaw grants, in part, the law enforcement parties' motion for summary judgment in a case involving a hold that was placed on a crashed vehicle. The vehicle owner's due process claims against the sheriff and the deputy in their individual capacities fail to overcome their qualified immunity defense.
Court: USDC Middle District of Tennessee , Judge: Crenshaw, Filed On: June 16, 2023, Case #: 2:21cv33, NOS: Housing/Accommodations - Civil Rights, Categories: Property, Immunity, Due Process