134 results for 'court:"USDC Northern District of Alabama "'.
J. Proctor denies, in part, the board of trustees, an employee relations representative and an administrative employee���s motion for summary judgment in this employment dispute stemming from a former research scientist from Iran alleging discrimination, harassment and retaliation after she was arrested for an altercation with a supervisor. She alleges racial and national origin harassment and retaliation claims. She fails to exhaust her administrative prerequisites or presented enough evidence making her discrimination and harassment claims viable against the board, but the termination is an adverse action that sustains her retaliation claims.
Court: USDC Northern District of Alabama , Judge: Proctor, Filed On: May 14, 2024, Case #: 2:21cv1302, NOS: Employment - Civil Rights, Categories: Employment Discrimination, Employment Retaliation
J. Johnson denies, in part, a diagnostics company and its owner���s motion to dismiss or, alternatively, transfer venue in this contract dispute stemming from two unpaid loan agreements. The lender alleges breach of contract, breach of guaranty and unjust enrichment claims, he does state a plausible claim on the contract and guaranty. The unjust enrichment claim is dismissed because the parties have disputed the existence of an enforceable loan agreement. The lender may continue with all other claims with the court retaining jurisdiction over the proceedings.
Court: USDC Northern District of Alabama , Judge: Johnson, Filed On: May 7, 2024, Case #: 5:23cv1421, NOS: Other Contract - Contract, Categories: Banking / Lending, Contract
J. Coogler denies a staffing company���s motion to dismiss this employment dispute brought by a former Mercedes-Benz employee who alleges race and sex discrimination and Title VII retaliation. The staffing company says she failed to exhaust her administrative remedies when she did not name them in her EEOC charge, but she states they were a ���joint employer��� with Mercedes-Benz and another staffing agency. She has sufficiently alleged a joint employer after she was terminated.
Court: USDC Northern District of Alabama , Judge: Coogler, Filed On: May 6, 2024, Case #: 7:23cv1379, NOS: Employment - Civil Rights, Categories: Employment Discrimination, Employment Retaliation
J. Borden denies, in part, a sellers��� motion for judgment on the breach of contract pleadings in this real estate purchase dispute against the buyers who counterclaims for breach of contract, misrepresentation and suppression. Both parties agree they entered a valid agreement to sell and purchase the property. The sellers argue the buyers failing to close by the date agreed was a breach the contract. The buyers argue the sellers refusing to terminate the agreement and return their money was breach of contract, misrepresentation and suppression. As for the breach of contract claims, there are questions of fact concerning whether the buyers contacted the sellers to discuss termination. The buyers��� misrepresentation and suppression counterclaims fail as a matter of law; constructive knowledge precludes their claims.
Court: USDC Northern District of Alabama , Judge: Borden, Filed On: May 1, 2024, Case #: 6:23cv888, NOS: All Other Real Property - Real Property, Categories: Civil Procedure, Property, Contract
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J.Axon partially grants a collection agency���s motion for summary judgment in this Fair Credit Reporting Act and Fair Debt Collections Practices Act lawsuit brought by a consumer who says the agency tried collecting a debt that she did not owe for internet services. The services were canceled before installation because the consumer lives in a rural area, but the company continued to bill her before turning it over to collections. The agency and Trans Union continued to report the debt after she disputed the charges. The court will reserve ruling on whether the information provided to Trans Union was accurate, because the consumer���s dispute was based on a legal question instead of a factual inaccuracy. The court will also reserve ruling on the consumer���s FDCPA claim, according to which the agency reported the debt after she disputed it to Trans Union, because that part of her claim actually implicated the FCRA. The court directs the parties to provide a supplemental briefing on these issues.
Court: USDC Northern District of Alabama , Judge: Axon, Filed On: May 1, 2024, Case #: 2:22cv1489, NOS: Consumer Credit - Other Suits, Categories: Debt Collection, Consumer Law
[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. Smith denies the insurer���s motion for summary judgment in this insurance dispute stemming from an uninsured motorist claim related to a collision involving the insured vehicle caused by another vehicle driver that fled the scene in Texas. The insurer argues the policy does not cover hit-and-runs in another state because the insured misrepresented the fact the vehicle would be garaged in Alabama and failed to timely provide the change in garaging. There is a genuine issue of material fact on if the policy was void from the beginning and that the evidence presented by the insurer fails to show that the vehicle was not at the policy���s garaged location.
Court: USDC Northern District of Alabama , Judge: Smith, Filed On: April 25, 2024, Case #: 5:23cv934, NOS: Insurance - Contract, Categories: Insurance, Vehicle
J. Axon denies, in part, the government and its entities motion to dismiss tort allegations after a recreation specialist employed by the Bureau of Prisons caused the decedent���s death in a vehicle collision. The United States raises a jurisdictional question that is intertwined with a merits question of the estate���s claim; the Federal Prisons, Department of Justice, and National Institute of Corrections are dismissed from this case for lack of subject matter jurisdiction. The court granted the estate���s motion for deferral ruling until discovery is complete and to determine if the specialist was acting in her scope of work. The stay is lifted, and the remaining parties must meet and confer the filing of a Rule 26 report. Therefore, the court finds the government���s motion for summary judgment to be moot and has granted the estate���s motion for further discovery before ruling on the United States motion to dismiss.
Court: USDC Northern District of Alabama , Judge: Axon, Filed On: April 24, 2024, Case #: 7:23cv1201, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Tort, Wrongful Death, Discovery
J. Coogler denies the defendant���s motion to dismiss in this lawsuit arising from a fatal shooting outside a club known as ���The Strip��� in downtown Tuscaloosa, Alabama; the suing estate alleges the defendant negligently and wantonly caused the decedent���s death by bringing the gun to an argument between the decedent and defendant���s friend, who shot the man dead. The defendant argues he cannot be held legally liable for causing a shooting committed by another person, but the court finds he did in fact have a duty of care, and the allegations leave enough room for reasonable difference of opinion for a jury to see the foreseeability of the injury.
Court: USDC Northern District of Alabama , Judge: Coogler, Filed On: April 24, 2024, Case #: 7:23cv1424, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Negligence, Wrongful Death, Firearms
J. Smith grants the solid waste director���s motion to dismiss this complaint brought by a citizen who claims he was deprived of procedural due process and his constitutional rights were violated. The citizen alleges he was served a summons for not paying the solid waste collection fee, even though he is allegedly exempt from participating. He was convicted and ordered to pay fines and restitution, but later that was dismissed and never validated. The court concluded he failed to state a claim, declares the collection fee is mandatory, and finds the statements made by the director did not constitute fabricated evidence.
Court: USDC Northern District of Alabama , Judge: Smith, Filed On: April 18, 2024, Case #: 5:24cv23, NOS: Other Civil Rights - Civil Rights, Categories: Constitution, Government, Due Process
J. Coogler denies Regions motion for summary judgment and partially grants Equifax���s motion for summary judgment in this Fair Credit Reporting Act lawsuit. The consumer alleges Regions Bank negligently violated the Act by failing to reasonably reinvestigate his claims and, and that Equifax failed to follow the proper procedures into his disputed credit information. The evidence shows that Equifax���s procedures were reasonable and it was not on notice for any inaccuracy. Because the consumer���s anxiety and depression worsened, a reasonable jury could conclude that Equifax is liable for damages.
Court: USDC Northern District of Alabama , Judge: Coogler, Filed On: April 12, 2024, Case #: 7:22cv1481, NOS: Consumer Credit - Other Suits, Categories: Evidence, Consumer Law, Banking / Lending
J. Haikala grants the sheriff���s motion for summary judgment in this employment dispute brought by a Black male lieutenant who sought to transfer from another agency. The sheriff offered the lieutenant a job but explained he would have to take a demotion. The lieutenant agreed, but later discovered that a Black female and white male or female employees did the same thing but were not demoted. The lieutenant fails to show evidence in which a reasonable jury could agree he was discriminated against based on his gender or race.
Court: USDC Northern District of Alabama , Judge: Haikala, Filed On: March 28, 2024, Case #: 2:20cv725, NOS: Employment - Civil Rights, Categories: Employment Discrimination
J. Manasco denies a logistics company���s renewed motion for judgment as a matter of law and its motion for a new trial; grants in part its motion for a remittitur in this ADA and FMLA employment dispute brought by a former employee. The evidence presented to the jury was sufficient enough to show the company���s failure to notify the employee of his FMLA interference claim. The company argues that the jury���s verdicts for FMLA interference and retaliation claims were inconsistent and irreconcilable because the employee failed to give proper notice of his surgery. The jury���s award of compensatory and punitive damages for the ADA claims is to be reduced and may not exceed $300,000. The court grants the employee���s motion for attorney fees and expenses and his motion to alter or amend the final judgment. The employee is awarded $210,560 in attorney fees and $10,822.71 in expenses.
Court: USDC Northern District of Alabama , Judge: Manasco, Filed On: March 27, 2024, Case #: 2:20cv543, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Ada / Rehabilitation Act, Attorney Fees, Employment Retaliation
[Consolidated.] J. Manasco grants summary judgment to Adamsville, Alabama, and a police lieutenant in this race discrimination lawsuit filed by a Black police sergeant and Black police officer The sergeant states he was harassed by the lieutenant, who told plaintiff he ���walked like a faggot,��� as well as other disparaging comments. The officer states he worked in the jail and fired when he was forced to use force on an inmate who was not cooperating. The city argues that both employees violated the use of force protocol which was captured on video which was part of their proffered reasons for termination. Therefore, the investigations do not show an adverse action and no reasonable jury could not find that the sergeant and officer were wrongfully terminated or discriminated against.
Court: USDC Northern District of Alabama , Judge: Manasco, Filed On: March 21, 2024, Case #: 2:21cv1608, NOS: Employment - Civil Rights, Categories: Employment Discrimination, Employment Retaliation
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
J. Manasco grants Birmingham, Alabama���s motion for summary judgment in this employment dispute brought by a white former employee who worked as a police officer and was unable to wear a face mask while working due to a feeling of suffocation related to his PTSD from the Army. He felt singled out because the Black officers who did not wear masks were not disciplined and, despite providing a note for accommodations from his doctor, he was reassigned from patrol duty to the city jail. The city did not fail to accommodate because the employee was not required to wear the mask in the jail. The employee fails to show any adverse reaction to discrimination and retaliation claims.
Court: USDC Northern District of Alabama , Judge: Manasco, Filed On: March 18, 2024, Case #: 2:21cv902, NOS: Employment - Civil Rights, Categories: Employment Discrimination, Employment Retaliation
J. Cornelius enters a judgment in favor of a former employee in this employment contract dispute claiming conspiracy, spoliation and declaratory judgment. The former employee joined the brokerage firm as a producer generating a large amount of revenue and became a shareholder within the first 18 months before resigning to work at another firm. The employee and the brokerage���s holdings firm won a nominal $1.00 award each, and the court directs the parties to submit briefs regarding any and all questions raised for the breach of the promissory note and request for attorney fees.
Court: USDC Northern District of Alabama , Judge: Cornelius, Filed On: March 15, 2024, Case #: 2:22cv174, NOS: Other Contract - Contract, Categories: Employment, Settlements, Contract
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. Manasco grants summary judgment in favor of the bank, an investment firm and insurance company in this dispute brought by an estate and its administrator. The administrator alleges that he has not received the settlement agreement compensation, nor did he sign the agreement. The bank, investment firm and insurer provided evidence that the agreement in enforceable and they complied with the terms. The administrator failed to provide any evidence that would be contrary. This case is ordered to be closed and all of the estate and its administrator���s motions be denied as moot.
Court: USDC Northern District of Alabama , Judge: Manasco, Filed On: March 14, 2024, Case #: 2:23cv173, NOS: Insurance - Contract, Categories: Insurance, Settlements, Banking / Lending
J. Haikala denies a subdivision developer���s motion for summary judgment in this construction dispute against a home builder for construction defects, being unlicensed and not paying subcontractors. The parties entered into a contract for the construction company to take over the project in a new subdivision. The subdivision developer failed to show that the builder���s non-licensure at the time the agreement was finalized keeps it from winning its counterclaims.
Court: USDC Northern District of Alabama , Judge: Haikala, Filed On: March 13, 2024, Case #: 5:22cv779, NOS: Other Contract - Contract, Categories: Licensing, Contract
J. Manasco grants a mortgage company���s motion for summary judgment in this personal injury lawsuit brought by a couple after the husband was injured when the brick on the stairs collapsed, causing him to fall and land on a stake sticking up out of the ground. The couple claims negligence, wantonness and loss of consortium, but lack enough evidence of the mortgagor���s culpable knowledge on any of those claims.
Court: USDC Northern District of Alabama , Judge: Manasco, Filed On: March 12, 2024, Case #: 2:21cv1417, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Evidence, Negligence, Premises Liability
J. Maze finds that challengers to a city's ban on billboards lack standing because they did not argue that the ban is unconstitutional. The ban applies to all billboards, regardless of content, so it was not a prior restraint on speech. City officials denied permit and variance applications because of the ban and were not using unconstitutionally unbridled discretion. The challengers' facial argument also failed due to the absence of discretionary decision-making by officials.
Court: USDC Northern District of Alabama , Judge: Maze, Filed On: March 11, 2024, Case #: 4:22cv461, NOS: Other Civil Rights - Civil Rights, Categories: Zoning, Jurisdiction, First Amendment