100 results for 'court:"USDC Eastern District of Tennessee "'.
J. Collier partially grants the police officer's dismissal motion in this lawsuit brought by a business and its owner over the citations that were issued during the Covid-19 pandemic. The business, which allegedly received 18 citations for violating the city's curfew ordinance, had its liquor license revoked and now asserts claims under the First Amendment and the equal protection clause. The plaintiffs' equal protection claim will be dismissed, but their First Amendment retaliation claim survives.
Court: USDC Eastern District of Tennessee , Judge: Collier, Filed On: September 11, 2024, Case #: 3:23cv181, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Covid-19
J. McCook allows the former tenant to proceed in forma pauperis but recommends that his lawsuit against his former landlords and other entities be dismissed. The former tenant fails to establish the court's personal jurisdiction over the individual defendants, as most of the alleged actions occurred in North Carolina. Also, he fails to adequately state a claim under the Privacy Act.
Court: USDC Eastern District of Tennessee , Judge: McCook, Filed On: September 10, 2024, Case #: 3:24cv198, NOS: Other Civil Rights - Civil Rights, Categories: Civil Procedure, Landlord Tenant, Privacy
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J. Crytzer grants in part the school defendants' motion for summary judgment in this lawsuit brought by two employees in connection with their proposed termination after allegedly misusing school funds to participate in a "matching program." The court will dismiss the state law claims, as they can be addressed "through the available State law framework for termination." Summary judgment is appropriate for the defendants on the employees' liberty-based due process claims, and those claims will also be dismissed.
Court: USDC Eastern District of Tennessee , Judge: Crytzer, Filed On: August 27, 2024, Case #: 1:19cv282, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Employment
J. Trauger grants the Tennessee secretary of state and coordinator of elections��� motion to dismiss the Libertarian Party���s complaint challenging the state���s requirements for minor parties to appear on voting ballots. The fact that no minor party has succeeded in securing a ballot line since the requirements were enacted is not sufficient to ���establish a plausible claim for relief.���
Court: USDC Eastern District of Tennessee , Judge: Trauger, Filed On: August 23, 2024, Case #: 3:23cv1266, NOS: Voting - Civil Rights, Categories: Elections, Government
Per curiam, the panel of judges grants the state���s motion to dismiss this complaint alleging racial gerrymandering of a legislative map, finding the Tennessee Chapter of the NAACP failed to show the map would result in ���more than a mere possibility��� of racial discrimination. However, the panel gives the plaintiffs 30 days to file an amended complaint.
Court: USDC Eastern District of Tennessee , Judge: Per curiam, Filed On: August 22, 2024, Case #: 3:23cv832, NOS: Voting - Civil Rights, Categories: Elections, Government
J. Greer grants the defendant company's motion to compel arbitration in this purported class action involving a lease agreement for an ignition interlock device, which the plaintiff motorist contends damaged his car battery. The plaintiff also alleges that the company "misrepresented the costs associated with its ignition interlock device." However, the arbitration agreement delegates the issue of arbitrability to the arbitrator. Accordingly, the matter is stayed pending arbitration.
Court: USDC Eastern District of Tennessee , Judge: Greer, Filed On: August 21, 2024, Case #: 3:23cv436, NOS: Other Contract - Contract, Categories: Arbitration, Class Action, Contract
J. Atchley grants in part the plaintiff research foundation's motion for summary judgment seeking dismissal of the defendant company's affirmative defenses, in this lawsuit concerning ownership of "the 11-1F4 monoclonal antibody and associated materials." The defendant company failed to supplement its response to a certain interrogatory, which it claimed was "overbroad," but the foundation is not entitled to Rule 37 sanctions, as it "never challenged the objection." The court will dismiss certain affirmative defenses on the merits, however, including the company's indispensable party and statute of limitations defenses.
Court: USDC Eastern District of Tennessee , Judge: Atchley, Filed On: August 19, 2024, Case #: 3:19cv508, NOS: Other Contract - Contract, Categories: Discovery, Contract
J. Poplin grants in part the relator's motion to compel and for sanctions. The defendant company's Rule 30(b)(6) witness should be re-deposed on certain topics, including the defendant company's financial condition, and the relator will be awarded attorney fees "for the time it takes to re-depose defendant."
Court: USDC Eastern District of Tennessee , Judge: Poplin, Filed On: August 16, 2024, Case #: 3:10cv204, NOS: Other Statutory Actions - Other Suits, Categories: Sanctions, Discovery, Attorney Fees
J. Poplin denies the plaintiff motorists' motion to reopen discovery to compel the production of certain documents in this suit arising from a car accident involving defendants' tractor-trailer. The motion was not timely filed, and the motorists "have not established good cause or excusable neglect" for the late request. Also, they are not entitled to sanctions based on their allegation of spoliation.
Court: USDC Eastern District of Tennessee , Judge: Poplin, Filed On: August 16, 2024, Case #: 3:22cv403, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Evidence, Tort, Discovery
J. Steger grants the county defendants' motion for summary judgment and dismisses this action arising from the death of an individual following "an encounter with a police dog." The next of kin assert Section 1983 claims for unreasonable seizure, as well as state law claims for assault and battery. However, the use of the dog was not unreasonable under the circumstances, as the decedent was brandishing an ax and failed to comply with instructions to put it down.
Court: USDC Eastern District of Tennessee , Judge: Steger, Filed On: August 13, 2024, Case #: 1:22cv22, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Civil Procedure, Civil Rights
J. McDonough grants the homeowner's association's motion for judgment on the pleadings in this lawsuit arising from a property owner's display of "yard art," which includes various political signs, and the revocation of his family's access to community facilities. The property owner failed to respond to the association's motion, and the court already determined in a prior case that the yard signs could not be the basis for a First Amendment retaliation claim. Also, the allegations do not show that the HOA breached the neighborhood covenants.
Court: USDC Eastern District of Tennessee , Judge: McDonough, Filed On: August 8, 2024, Case #: 3:24cv78, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Civil Rights, Real Estate, Contract
J. Collier grants in part the passenger's motion to exclude certain expert testimony in this product liability lawsuit arising from an accident in which a utility terrain vehicle, a 2019 RZR, allegedly overturned, causing injury to the passenger's arm. The motion is partially granted as to one engineer's opinions, based on their reliability, including whether the passenger "would have been injured had he grasped the RZR's handhold bar."
Court: USDC Eastern District of Tennessee , Judge: Collier, Filed On: July 31, 2024, Case #: 3:22cv322, NOS: Tort Product Liability - Real Property, Categories: Product Liability, Experts, Discovery
J. McDonough grants the government defendant's motion for summary judgment in this lawsuit brought by a former railroad safety inspector, who is proceeding pro se. The complaint purports to assert various discrimination claims but fails to adequately allege "the basic facts which would support a claim of discrimination." Additionally, as to the amount of backpay the plaintiff was awarded by the Equal Employment Opportunity Commission, the court cannot review the damages only.
Court: USDC Eastern District of Tennessee , Judge: McDonough, Filed On: July 29, 2024, Case #: 2:20cv255, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Employment, Damages
J. Atchley partially grants the hospital defendant's Rule 412 motion in this employment retaliation lawsuit brought by a former employee who alleges that she was sexually assaulted by a security guard and then fired after reporting the assault. The former employee's communications with the security guard, including certain alleged photographs, are not prohibited by Rule 412, as they are not evidence of "other sexual behavior." However, the "explicit videos" that were allegedly shared are inadmissible, though the hospital "may elicit testimony" that they were sent.
Court: USDC Eastern District of Tennessee , Judge: Atchley, Filed On: July 16, 2024, Case #: 2:22cv70, NOS: Other Civil Rights - Civil Rights, Categories: Evidence, Employment Retaliation
J. Poplin grants in part the plaintiff research foundation's motion to exclude certain expert testimony in this breach of contract case concerning "the ownership and development of the 11-1F4 antibody and related research materials." The expert, a certified public accountant, will not be allowed to testify as to the foundation's trade secrets. However, the court finds his calculation as to damages to be reliable.
Court: USDC Eastern District of Tennessee , Judge: Poplin, Filed On: July 11, 2024, Case #: 3:19cv508, NOS: Other Contract - Contract, Categories: Trade Secrets, Experts, Contract
J. Poplin grants in part the plaintiff research foundation's motion to exclude certain expert testimony in this lawsuit concerning "the ownership and development of the 11-1F4 antibody and related research materials." The expert will not be allowed to provide legal conclusions, including any opinion that "plaintiff's purported trade secrets are generally known and readily ascertainable, as those terms are used in the statutory definition."
Court: USDC Eastern District of Tennessee , Judge: Poplin, Filed On: July 1, 2024, Case #: 3:19cv508, NOS: Other Contract - Contract, Categories: Civil Procedure, Trade Secrets, Experts
J. Lee denies the individual plaintiff's motion to compel, as well as his motion for an order to show cause, in this Section 1983 lawsuit arising from his alleged arrest for public intoxication. The court finds that the sheriff sufficiently fulfilled his initial disclosure obligations, and though the production was untimely, sanctions are not warranted.
Court: USDC Eastern District of Tennessee , Judge: Lee, Filed On: July 1, 2024, Case #: 1:24cv42, NOS: Other Civil Rights - Civil Rights, Categories: Civil Procedure, Civil Rights, Discovery
J. Poplin denies the plaintiff motorists' motion to quash a deposition in this negligence lawsuit arising from a motor vehicle accident allegedly involving defendants' tractor-trailer. The trucking defendants seek to depose the minor plaintiff, who was allegedly a passenger in the plaintiffs' Ford truck at the time of the accident. The plaintiffs have not established good cause for precluding the deposition, though the parties should discuss possible limitations "to prevent any undue stress."
Court: USDC Eastern District of Tennessee , Judge: Poplin, Filed On: June 20, 2024, Case #: 3:22cv403, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Tort, Vehicle, Discovery
J. Corker grants the defendant company's motion for summary judgment in this lawsuit brought by two employees alleging sex discrimination under the Equal Pay Act and Title VII. The company, which is the management contractor for a national security complex that stores nuclear weapons, had "legitimate business reasons" for paying senior specialists more than the specialists, including its consideration of "managerial experience and critical decision-making skills."
Court: USDC Eastern District of Tennessee , Judge: Corker, Filed On: June 18, 2024, Case #: 3:22cv14, NOS: Employment - Civil Rights, Categories: Employment Discrimination, Labor