104 results for 'court:"USDC Middle District of Alabama"'.
J. Marks grants, in part, Hyundai’s motion for summary judgment in this ADA employment dispute brought by a former employee. The employee alleges Hyundai failed to accommodate after she disclosed, she had shoulder, back, neurological issues and her doctor advised her to not step on or off of a moving platform in the manufacturing facility. The overhead restrictions cannot be sustained for ADA because it falls short of the four process requirements, and her back and neurological issues accommodations note had expired. Therefore, the failure to accommodate and wrongful termination due to an actual disability is dismissed. Her motion to exclude an affidavit testimony is denied as moot. Hyundai’s motion to strike the EEOC position statement is denied. The claims of wrongful termination based on a perceived disability will proceed for the jury to determine.
Court: USDC Middle District of Alabama, Judge: Marks, Filed On: February 7, 2024, Case #: 2:22cv530, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Ada / Rehabilitation Act, Employment, Experts
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. Pate grants the suing driver motion to remand his vehicle collision claims back to the circuit court of Macon County, Alabama. The sued driver had this case removed alleging diversity jurisdiction, but has not met the burden of proof nor has he shown preponderance of evidence.
Court: USDC Middle District of Alabama, Judge: Pate, Filed On: February 2, 2024, Case #: 3:23cv654, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Vehicle, Negligence, Jurisdiction
J. Marks denies a U.S. Army pilot and co-copilot’s motion to remand this product liability personal injury claim against several helicopter companies. The pilot and co-copilot were on active duty when a UH-72A Lakota helicopter designed, manufactured and sold by the companies experienced both engines to fail during and uncontrollably descended and crashed. The companies removed the case from an Alabama circuit court to this court. One firm, M1 Support Services, has a “casual connection” between its behavior and the claims, and acted as a federal office or agency with the U.S. Army. Therefore, M1 can exercise federal question jurisdiction under the federal officer removal statute and the court does not address the diversity jurisdiction argument.
Court: USDC Middle District of Alabama, Judge: Marks, Filed On: February 1, 2024, Case #: 1:23cv212, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: Product Liability, Jurisdiction
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J. Marks grants the federal government its motion for summary judgment in a case where a Department of Veterans Affairs employee hit a motorist’s rental car with a forklift. When the motorist filed this case, he alleged negligence and recklessness or wantonness claims, since the filing he passed away and his estate is still proceeding. The court agrees with the government that a reasonable jury would not find the motorist suffered damages as a result of this accident. The estate’s claims are dismissed.
Court: USDC Middle District of Alabama, Judge: Marks, Filed On: January 29, 2024, Case #: 3:21cv640, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Tort, Vehicle
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. Marks dismisses this contract dispute in favor of the real estate company, realtor and property management company from a couple alleging they were given a single termite report upon closing a property sale. The home in question suffered a massive termite infestation and the second termite report was never disclosed to the couple. The couple fails to plead reasonable reliance in their breach of contract, misrepresentation, suppression, deceit and conspiracy claims.
Court: USDC Middle District of Alabama, Judge: Marks, Filed On: January 5, 2024, Case #: 1:23cv184, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, Property, Real Estate
[Consolidated.] J. Thompson grants summary judgement to the city in this employment dispute brought by three African American police officers who were suspended, demoted and prohibited from accepting off-duty work alleging race discrimination. The city investigations found the officers violated off-duty employment when that worked as courtesy officers but did not live on the property. The officers failed to show that the white officers were disciplined any differently or that the discipline was a race-based adverse action.
Court: USDC Middle District of Alabama, Judge: Thompson, Filed On: December 27, 2023, Case #: 2:21cv641, NOS: Employment - Civil Rights, Categories: Civil Rights, Employment Discrimination
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 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. Marks grants a farm company and its driver’s motion for summary judgment in this dispute over insurance coverage for injuries sustained in a car collision. The married couple alleges negligent hiring, retention, monitoring, supervision or training of the driver. There is no evidence to show that the driver’s negligence was incompetent.
Court: USDC Middle District of Alabama, Judge: Marks, Filed On: November 20, 2023, Case #: 1:22cv33, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Insurance, Vehicle, Negligence
J. Marks partially grants a refrigeration company's motion for a temporary restraining order against two former employees in a misappropriation of trade secrets complaint. The employees and any other person or entity that they participate with are hereby enjoined from accessing or disclosing any more information belonging to the company or soliciting business from any person or entity of the refrigeration company. All confidential information and equipment shall be returned within 24 hours. The employees must preserve all evidence that could be relevant to this suit.
Court: USDC Middle District of Alabama, Judge: Marks, Filed On: November 17, 2023, Case #: 1:23cv667, NOS: Defend Trade Secrets Act of 2016 (DTSA) - Property Rights, Categories: Trade Secrets, Restraining Order
J. Thompson denies a pharmaceutical company’s motion to dismiss or to transfer venue to the district of New Jersey in this breach of contract lawsuit brought a health rebate administration company. The pharmaceutical company alleges this court lacks personal jurisdiction, but it has been transacting business in the jurisdiction for years. Therefore, the burden of compelling reasons cannot be established for a change in venue.
Court: USDC Middle District of Alabama, Judge: Thompson, Filed On: November 14, 2023, Case #: 2:22cv639, NOS: Other Contract - Contract, Categories: Health Care, Venue, Contract
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. Thompson adopts the parties joint transition plan for internal monitoring in this Institutionalized Persons Act claim that women in the Julia Tutwiler Prison were subject to sexual abuse and harassment. Deidra Wright shall be designated by the state as the internal monitor within seven days and within 30 days shall establish a “Compliance Office.” The first compliance report shall be filed by Jan. 5, 2024, with the future reports being filed by the second Tuesday of each January and July.
Court: USDC Middle District of Alabama, Judge: Thompson, Filed On: October 27, 2023, Case #: 2:15cv368, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Prisoners' Rights
J. Marks grants motion for summary judgment and dismisses all of the claims brought by Nigeria against three Alabama State University employees after a dispute began over residual scholarship funds. Nigeria has failed to produce the evidence in support of the claims of declaratory judgment, negligent or wanton hiring, conversion and unjust enrichment.
Court: USDC Middle District of Alabama, Judge: Marks, Filed On: October 19, 2023, Case #: 2:21cv572, NOS: Other Contract - Contract, Categories: Education, Conversion, Contract