16 results for 'judge:"McCalla"'.
J. McCalla grants the plaintiff company leave to serve a third-party subpoena in order to "ascertain defendant's identity" in this copyright infringement lawsuit alleging that the anonymous defendant illegally distributed 34 of plaintiff's adult motion pictures. The company cannot determine the defendant's identity "beyond his IP address." The motion is granted but with certain protective conditions.
Court: USDC Western District of Tennessee , Judge: McCalla, Filed On: May 2, 2024, Case #: 2:24cv2068, NOS: Copyrights - Property Rights, Categories: Civil Procedure, Copyright
J. McCalla partially grants the parties' motions in limine in this lawsuit brought by a former employee asserting claims for battery, harassment and retaliation. The former employee and other lay witnesses can provide personal observations of her symptoms, but they cannot provide "their own, unsupported diagnoses of specific mental health conditions, or to causation of Plaintiff's symptoms or conditions."
Court: USDC Western District of Tennessee , Judge: McCalla, Filed On: April 16, 2024, Case #: 2:22cv2683, NOS: Other Labor Litigation - Labor, Categories: Evidence, Employment Discrimination, Employment Retaliation
J. McCalla determines how the funds should be paid in this interpleader case arising from an alleged arson fire and alleged theft at the House of Blues recording studio. One of the individual defendants, who leased a studio and certain equipment from the owner, should receive $2,066,217 of the Business Personal Property award, as his lease "did not terminate with the fire."
Court: USDC Western District of Tennessee , Judge: McCalla, Filed On: April 4, 2024, Case #: 2:20cv2834, NOS: Insurance - Contract, Categories: Insurance, Property, Damages
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
J. McCalla partially grants the defendant company's summary judgment motion in this lawsuit brought by an employee alleging harassment and retaliation under the Tennessee Human Rights Act, as well as workers' compensation retaliation. Specifically, the motion is granted as to the plaintiff's workers' compensation retaliation claim. Also, the defendant coworker's summary judgment motion is denied.
Court: USDC Western District of Tennessee , Judge: McCalla, Filed On: February 26, 2024, Case #: 2:22cv2683, NOS: Other Labor Litigation - Labor, Categories: Employment Retaliation, Workers' Compensation
J. McCalla grants in part the plaintiff insurance company's motion for summary judgment in this interpleader action concerning an award for business personal property, stemming from a fire at a recording studio. The company is granted summary judgment as to the counterclaim against it for conversion. The evidence provided indicates that the company was not involved in the removal of the equipment "out of the damaged building," and also the counterclaim is barred under the doctrine of claim preclusion.
Court: USDC Western District of Tennessee , Judge: McCalla, Filed On: October 23, 2023, Case #: 2:20cv2834, NOS: Insurance - Contract, Categories: Insurance, Conversion
J. McCalla grants the defendant company's motion for attorney fees in this patent infringement lawsuit related to a certain video surveillance system. The case was dismissed, and the dismissal was affirmed on appeal. "[A]n exceptional case determination" is appropriate, based in part on the plaintiff company's "pattern of litigation" and the weakness of the case.
Court: USDC Western District of Tennessee , Judge: McCalla, Filed On: September 8, 2023, Case #: 2:20cv2766, NOS: Patent - Property Rights, Categories: Civil Procedure, Patent, Attorney Fees
J. McCalla grants the defendant nursing facility's motions to exclude certain expert testimony and for summary judgment in this nursing home negligence lawsuit. The expert does not meet the requirements of the locality rule, as he is unfamiliar with "the local medical community." Once his testimony is excluded, the medical malpractice case cannot move forward, as there is no expert testimony regarding the standard of care in the community.
Court: USDC Western District of Tennessee , Judge: McCalla, Filed On: May 17, 2023, Case #: 2:22cv2220, NOS: Personal Injury - Medical Malpractice - Torts - Personal Injury, Categories: Health Care, Experts, Medical Malpractice
J. McCalla partially grants the car manufacturer's motion for summary judgment in this lawsuit brought by a car owner alleging breach of contract and breach of warranty in connection with an alleged defect that prevented her vehicle from turning off and instead displayed a message to "Shift to Park" when the vehicle was already in park. Summary judgment is appropriate as to loss of use damages and injunctive relief, though it is denied as to the contract and express warranty claims. Additionally, the car owner's request for class certification is granted.
Court: USDC Western District of Tennessee , Judge: McCalla, Filed On: May 11, 2023, Case #: 2:20cv2576, NOS: Other Contract - Contract, Categories: Vehicle, Warranty, Class Action