23 results for 'judge:"England"'.
J. England grants, in part, Walmart’s motion for summary judgment in this slip-and-fall case brought by a customer claiming of negligence and wantonness. The customer argues that Walmart the broken tile should have been discovered by employees as it was part of the premises creating a hazard. Her testimony and evidence support the defect, the piece of tile was present and the reason for her fall. Therefore, the wantonness claim is dismissed and the remaining claim for negligence is denied. The parties are ordered to confer and file a joint status report regarding the next steps.
Court: USDC Northern District of Alabama , Judge: England, Filed On: March 20, 2024, Case #: 2:22cv643, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Evidence, Negligence, Premises Liability
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J. England grants an estate of a deceased police officer’s motion to dismiss for improper service of a summons in this wrongful arrest, excessive force and negligence suit brought by a citizen after a traffic stop. The citizen knew the officer was deceased but failed to substitute and serve the estate as a party with a summons. Summary judgment is granted, in part for summary judgment in favor of the city, the estate and a police officer. The city has not moved for summary judgment for its liability for the estate officer’s conduct as to portions of negligence, assault and battery. The citizen has not shown state immunity does not apply. The parties need to confer and to a joint status report concerning the next steps of this case by Feb. 9, 2024.
Court: USDC Northern District of Alabama , Judge: England, Filed On: January 26, 2024, Case #: 2:21cv439, NOS: Other Civil Rights - Civil Rights, Categories: Negligence, Assault, Police Misconduct
J. England partially grants the United States’ motion to exclude a patient’s two expert witnesses in this medical malpractice lawsuit. The patient alleges he had a stroke after doctors failed to administer antibiotics testing positive for enterococcus faecalis before discharging her. One of the experts, a long-time professor, does not meet the requirements because the testimony fails to demonstrate that he has performed basic emergency medicine. The other expert internist and hospitalist has served at several facilities, making him acknowledgeable as an expert; he agrees the standard of care was breached when the patient was sent home instead of being admitted. So the motion to exclude the professor expert is granted and the internist and hospitalist expert is denied. Summary judgment is denied at this stage.
Court: USDC Northern District of Alabama , Judge: England, Filed On: January 12, 2024, Case #: 2:21cv576, NOS: Personal Injury - Medical Malpractice - Torts - Personal Injury, Categories: Experts, Medical Malpractice
J. England grants, in part, a medical office and physician’s motion to dismiss a patient’s Americans with Disabilities Act amended complaint. The ADA and Rehabilitation Act, Equitable Telehealth Access and medical malpractice claims are almost identical to the original complaint and are denied. He failed to state a claim for intentional infliction of emotion distress and is dismissed with prejudice. The Court denies the patient’s motion for injunctive relief and her summary judgment is denied without prejudice. The medical office and physician are to answer the amended complaint and the parties shall file their report with the court.
Court: USDC Northern District of Alabama , Judge: England, Filed On: November 30, 2023, Case #: 2:23cv416, NOS: Amer w/Disabilities - Other - Civil Rights, Categories: Ada / Rehabilitation Act, Remedies, Medical Malpractice
J. England denies, in part, an employer’s motion for partial summary judgment on a law enforcement consultant’s retaliation action. Claim preclusion based on her previously-filed qui tam action does not apply, as her current allegations regarding retaliatory conduct were not raised in the prior case.
Court: USDC Eastern District of California, Judge: England, Filed On: November 21, 2023, Case #: 2:15cv1951, NOS: Employment - Civil Rights, Categories: Civil Procedure, Employment Retaliation
J. England compels arbitration on two brothers’ strict liability, conversion and other claims against a bank related to items missing from their safe deposit box. The parties' contract contains an enforceable arbitration agreement, and the bank did not waive its right to arbitrate.
Court: USDC Eastern District of California, Judge: England, Filed On: August 17, 2023, Case #: 2:22cv1291, NOS: Other Personal Property Damage - Torts - Personal Property, Categories: Arbitration, Conversion, Banking / Lending
J. England denies, in part, an employer’s motion to dismiss a black employee’s racial discrimination and retaliation action. He has sufficiently pleaded he suffered an adverse employment action to support his discrimination claim, and has made adequate allegations to support his harassment and retaliation claims.
Court: USDC Eastern District of California, Judge: England, Filed On: July 20, 2023, Case #: 2:22cv343, NOS: Employment - Civil Rights, Categories: Employment Discrimination, Employment Retaliation