15 results for 'judge:"Proctor"'.
[Consolidated.] J. Proctor denies, in part, a class of companies’ motion to compel pre-2015 structured data or, alternatively, to declare the Rule 37 implications of insurers’ refusal to produce the data in this antitrust lawsuit that partially centers on when the alleged injuries occurred. The insurers’ motion for a protective order based on the appropriate statute of limitations for the companies’ claims is denied, in part. There is a genuine issue of material fact concerning the limitations period of the claims and pre-2015 structured data, but the court agrees it began no earlier than 2015. The court barred the insurer Anthem from using the missing pre-2015 structured data against the companies and the precise limitations period shall be determined.
Court: USDC Northern District of Alabama , Judge: Proctor, Filed On: April 30, 2024, Case #: 2:21cv1209, NOS: Antitrust - Other Suits, Categories: Antitrust, Evidence, Class Action
J. Proctor grants an insurance company’s renewed motion for summary judgment in this general liability insurance dispute with a properties company and its owner. The insured failed to show that the insurer is duty bound for indemnification and failed to provide a reasonable excuse for delay notice. Therefore, the insurer is not obligated to defend or indemnify the insured with respect to underlying claims and arbitration.
Court: USDC Northern District of Alabama , Judge: Proctor, Filed On: March 15, 2024, Case #: 2:22cv738, NOS: Insurance - Contract, Categories: Insurance, Indemnification
J. Proctor denies the insurance company Blue Cross Blue Shield’s motion for partial summary judgment from this lawsuit related to several of BCBS’s “Blue Plans” in this antitrust litigation trademark dispute brought by a St. Paul, Minnesota, hospital. The Blue Plans used the hospital’s symbol, but not the mark, and BCBS argues it has common law trademark rights to the symbol. Questions of fact remain regarding the licenses to the marks in various markets.
Court: USDC Northern District of Alabama , Judge: Proctor, Filed On: January 31, 2024, Case #: 2:13cv20000, NOS: Other Statutory Actions - Other Suits, Categories: Antitrust, Evidence, Trademark
J. Proctor grants a medical trust’s motion for issuance of a letter or request pursuant to the Hague Convention to permit evidence from Cheyne Capital, of the United Kingdom, related to allegations of defamation published by a research company. The court finds the letter of request falls within the discovery and comity considerations for the requested discovery. The court overrules the research company’s objections to produce the discovery and orders the communications to be produced to a protective order. The court also overrules, in part, the medical trust’s objections related to a bail out loan in lieu of rent and other financial obligations owed.
Court: USDC Northern District of Alabama , Judge: Proctor, Filed On: January 12, 2024, Case #: 2:23cv408, NOS: Assault, Libel, & Slander - Torts - Personal Injury, Categories: Defamation, Discovery
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J. Proctor grants three police officers' motion for summary judgment on the civilian's false arrest claim alleging that the officers racially profiled him and had no reason to arrest him when he was watering flowers for a neighbor. The civilian refused to properly identify himself, prompting the officers to legally arrest him for obstruction, so the officers are entitled to state agent immunity.
Court: USDC Northern District of Alabama , Judge: Proctor, Filed On: December 21, 2023, Case #: 1:22cv1165, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Immunity, Police Misconduct
J. Proctor grants a group home’s motion for summary judgment on Rehabilitation Act, Fair Housing Act, Americans with Disabilities Act, negligence and other claims brought by a mentally disabled resident alleging he was abused and neglected. The resident fails to establish a prima facie case for his retaliation claim under the Rehabilitation Act. All other claims are to be denied.
Court: USDC Northern District of Alabama , Judge: Proctor, Filed On: November 7, 2023, Case #: 7:21cv308, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Ada / Rehabilitation Act, Negligence, Housing
J. Proctor denies a couple’s motion for partial summary judgment in this lawsuit over flooding on their property caused by drainage from a steel company’s property for trespass and nuisance. The court grants, in part, summary judgment to the steel company on the couple’s injunction claim. The couple stated in the first amended complaint the injunction as a separate claim, however, “an injunction is a remedy, not a separate claim or cause of action.” All other claims are denied.
Court: USDC Northern District of Alabama , Judge: Proctor, Filed On: November 3, 2023, Case #: 2:18cv1693, NOS: Torts to Land - Real Property, Categories: Property, Negligence, Injunction
J. Proctor grants in part a correctional institute, correctional officers and supervisors four motions to dismiss supervisory liability and excessive force claims brought by a mother who alleges her son wrongfully died when correctional officers struck him repeatedly in the face and head during an altercation with another inmate at the Donaldson Correctional Facility. The mother failed to plead a plausible claim of supervisory liability against the Alabama Department of Corrections and three supervisors from the Investigation and Intelligence Division. The mother properly plead a plausible claim supervisory liability against the Donaldson supervisors, who have not proved they are entitled qualified immunity. Therefore, all other motions to dismiss are denied.
Court: USDC Northern District of Alabama , Judge: Proctor, Filed On: November 2, 2023, Case #: 2:20cv499, NOS: Other Civil Rights - Civil Rights, Categories: Negligence, Wrongful Death, Prisoners' Rights
J. Proctor denies dismissing claims brought by a real estate investment trust (REIT), arising from a company and group of individuals’ alleged efforts to manipulate its stock price. The REIT has sufficiently pleaded its claim that the reports were inaccurate.
Court: USDC Northern District of Alabama , Judge: Proctor, Filed On: September 1, 2023, Case #: 2:23cv408, NOS: Assault, Libel, & Slander - Torts - Personal Injury, Categories: Real Estate, Defamation