27 results for 'judge:"Huffaker"'.
J. Huffaker grants, in part, the medical device maker’s motion to dismiss a product liability suit filed by a patient who claims that her Smart Port, implanted for the purpose of infusion therapy was defective. She alleges claims under the Alabama Extended Manufacturer’s Liability Doctrine as well as claims for negligence, breach of warranty and wantonness concerning the device’s catheter, which fractured near her heart. The patient’s claims have an articulated reasonable set of facts that could make the medical device maker’s liable for failure to warn. Therefore, the AEMLD, negligence and wantonness claims may proceed, and the patient concedes her warranty claim.
Court: USDC Middle District of Alabama, Judge: Huffaker, Filed On: April 23, 2024, Case #: 2:24cv112, NOS: Personal Injury - Health Care/Pharmaceutical Personal Injury/Product Liability - Torts - Personal Injury, Categories: Tort, Negligence, Product Liability
J. Huffaker grants summary judgement in favor of an Auburn University associate dean for academic affairs and director of administration business and finance in this employment dispute brought by a former scholarship advisor after being investigated for falsifying an administrative assistant’s timecard. The scholarship advisor alleges she was put on administrative leave with pay and then terminated without an adequate pre-termination hearing. She argues her procedural due process rights were violated for not receiving the adequate pre-termination hearing. The court concluded the evidence shows that she received sufficient notice and had an opportunity to respond.
Court: USDC Middle District of Alabama, Judge: Huffaker, Filed On: April 19, 2024, Case #: 3:22cv504, NOS: Employment - Civil Rights, Categories: Employment, Due Process
J. Huffaker grants summary judgement in favor of an Auburn University associate dean for academic affairs in this employment dispute brought by a former coordinator of student services after watching a sensitive video on a colleague’s computer. The coordinator was put on paid administrative leave and later terminated without a pre-termination hearing, but her termination was upheld when she challenged it through the university’s grievance process. She argues her procedural due process rights were violated because she did not have an adequate pre-termination hearing. The court concluded the evidence shows that she received sufficient notice and had an opportunity to respond, and that her post-termination process was procedurally adequate.
Court: USDC Middle District of Alabama, Judge: Huffaker, Filed On: April 19, 2024, Case #: 3:22cv176, NOS: Employment - Civil Rights, Categories: Employment, Due Process
J. Huffaker grants, in part, a debt collector’s motion for summary judgment on the consumer’s unfair credit reporting and debt collection claims. The debt collector failed to reinvestigate the accuracy of the consumer’s name, addresses and social security number. Therefore, the discrepancies show that a dispute does exist as to the procedures being adapted to avoid discoverable errors making summary judgment inappropriate on the Fair Debt Collection Practices Act claim. The consumer’s motion for partial summary judgment is denied because she fails to show that a reasonable investigation would have revealed the inaccurate reporting.
Court: USDC Middle District of Alabama, Judge: Huffaker, Filed On: March 28, 2024, Case #: 1:22cv299, NOS: Consumer Credit - Other Suits, Categories: Debt Collection, Consumer Law
J. Huffaker denies a legal advocacy nonprofit’s motion for a preliminary injunction in this civil right lawsuit against the Alabama governor for considering race when appointing members to professional boards and commissions. The group, which files lawsuits opposing other race-based criteria in grants, scholarships and other programs, says this practice is discriminatory, demeaning, patronizing and unconstitutionally resulted in a white woman not receiving a seat on the Alabama Real Estate Appraisers Board. The court finds the woman did suffer an injury and that the nonprofit has standing to sue for equal protection, but does not find that an injunction is necessary to prevent an irreparable injury.
Court: USDC Middle District of Alabama, Judge: Huffaker, Filed On: March 19, 2024, Case #: 2:24cv104, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Government, Equal Protection
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J. Huffaker grants, in part, a trucking company’s motion for summary judgment in this wrongful death lawsuit brought by the family of a motorist who died in a vehicle collision involving the company’s tractor-trailer, which was parked for 12 hours on the shoulder of an interstate’s travel lanes. The family alleges Alabama Wrongful Death Act and many negligence claims because the trucker had been parked on top of the rumble strip within inches of the fog line when it broke down. The trucking company argues that the decedent driver was at fault when he drifted out of his lane, and the truck driver did not create a safety concern. The estate’s negligence and wantonness claims concerning the tractor-trailer being parked in the place and for the amount of time it was there, and the decedent driver’s actions constitute as contributory negligence is denied. All other claims are granted along with the estate’s motion to file a sur-reply. The trucking company’s motion in limine is denied but may be refiled in advance of the jury trial.
Court: USDC Middle District of Alabama, Judge: Huffaker, Filed On: March 14, 2024, Case #: 2:20cv85, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Evidence, Vehicle, Wrongful Death
J. Huffaker grants summary judgment for the insurance company in this liability insurance dispute seeking a declaration that it has no obligation to defend a builder and its subcontractors for faulty construction. The conditions for coverage under the contractor’s special conditions endorsement in the policy were not met, it does not provide a defense against the homeowners’ claims. The policy plainly excludes coverage for tract housing residences of 25 or more houses with the same characteristics and there were at least 100 houses built by the builder. The insurance company is not required to defend the homeowners claims and they are dismissed without prejudice. The court denies as moot the insurer’s motion to strike certain documents and photographs.
Court: USDC Middle District of Alabama, Judge: Huffaker, Filed On: February 5, 2024, Case #: 2:19cv848, NOS: Insurance - Contract, Categories: Evidence, Insurance
J. Huffaker grants, in part, a sex offender’s motion for summary judgment in his constitutional challenge to the Alabama Sex Offender Registration and Community Notification Act. Alabama restricts convicted child sex offenders from residing or spending the night with a minor, even if the minor is the offender’s child; the court finds this is unconstitutional under the due process clause of the 14th Amendment. The court enjoins the state from enforcing the law in its current form.
Court: USDC Middle District of Alabama, Judge: Huffaker, Filed On: January 10, 2024, Case #: 2:21cv797, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Due Process, Injunction
J. Huffaker dismissed and directs this suit to be closed in favor of the county commission, other departments and community in this racial wrongful death claim brought by the father of his decedent. The father alleges the county’s E-911 department failed to provide equal and non-discriminatory services to Black residents after he heard gunshots in the area where the decedent was shot. He fails to show any evidence that the official county policy would hold the commission liable and failed to cure his deficiencies in the original complaint to state a plausible claim to any of the claims.
Court: USDC Middle District of Alabama, Judge: Huffaker, Filed On: December 11, 2023, Case #: 1:22cv693, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Negligence, Wrongful Death
J. Huffaker finds that the district court properly dismissed the restaurants' claim for violations of the Florida Deceptive and Unfair Trade Practices Act in a class action alleging that the distributor regularly delivered underweight boxes of poultry products. The claim arising from the distributor's allegedly misleading weight labels is preempted by the Poultry Products Inspection Act. The restaurants failed to plausibly allege that the packages were underweight by federal standards. However, the district court incorrectly dismissed the restaurants' breach of contract claim to the extent that they allege they did not receive the amount of poultry products for which they paid. The restaurants' attempt to enforce their voluntary agreement with the distributor regarding pricing and weight of packages is not dependent on federal labeling or packaging standards. Reversed in part.
Court: 11th Circuit, Judge: Huffaker, Filed On: December 6, 2023, Case #: 22-11330, Categories: Class Action
J. Huffaker grants summary judgment in favor of the insured and equipment owner in this insurance coverage dispute. The insurer claims a 2016 cotton picker machine is not covered under the scheduled property provision of the policy. The insured is entitled to the coverage benefits under the property provisions by clearly written in the policy and the insurer must pay the remaining claim due of $463,356.
Court: USDC Middle District of Alabama, Judge: Huffaker, Filed On: December 6, 2023, Case #: 2:22cv465, NOS: Insurance - Contract, Categories: Insurance, Property, Damages
J. Huffaker grants cross-motions of summary judgment to the university in this employment discrimination suit alleging the director of academic support services was discriminated against on the basis of race discrimination and wrongful termination. The university asserts the director’s termination was “for violating a core compliance rule when he failed to timely report his knowledge of a suspected rule violation” to the NCAA, SEC and the university within six hours. The director has not, however made a prima facie showing of race discrimination and retaliation. The director’s motion to consider additional supporting evidence is granted.
Court: USDC Middle District of Alabama, Judge: Huffaker, Filed On: November 1, 2023, Case #: 3:21cv192, NOS: Employment - Civil Rights, Categories: Evidence, Employment Discrimination, Employment Retaliation
J. Huffaker grants summary judgment in favor of the Alabama Law Enforcement Agency in this lawsuit asserting claims of discrimination and retaliation under Title VII brought by a former patrol sergeant. The sergeant fails to establish enough evidence that he was “singled out” or show that the agency’s stated reasons for his demotion, transfer and termination were pretext for Title VII violations. A reasonable jury could not have found that the supervisor influenced the decision to terminate the sergeant for his protected activity.
Court: USDC Middle District of Alabama, Judge: Huffaker, Filed On: November 1, 2023, Case #: 1:22cv256, NOS: Employment - Civil Rights, Categories: Employment Discrimination, Employment Retaliation
J. Huffaker grants Alabama State University summary judgment on a senior associate athletic director’s Equal Pay Act claim. She was terminated after being told the university was restructuring her job and only changed its title when it was given to another female under the director’s supervision. Also, she fails to show evidence to a genuine dispute for her claims, her claims are dismissed with prejudice.
Court: USDC Middle District of Alabama, Judge: Huffaker, Filed On: October 30, 2023, Case #: 2:22cv47, NOS: Employment - Civil Rights, Categories: Evidence, Employment Discrimination, Employment Retaliation
J. Huffaker denies, in part, a city's motion to dismiss an advertising company's challenging the city's rejection of its six sign applications. The company has sufficiently alleged its claims based on the First Amendment, equal protection and state law facial challenges to certain sign code.
Court: USDC Middle District of Alabama, Judge: Huffaker, Filed On: August 14, 2023, Case #: 3:22cv612, NOS: Other Civil Rights - Civil Rights, Categories: Equal Protection, First Amendment