190 results for 'court:"USDC Middle District of Tennessee "'.
J. Crenshaw grants the dismissal motion filed by the Metropolitan Government of Nashville and Davidson County, as well as the motion filed by the City of Mt. Juliet, in this lawsuit arising from the shooting death of an individual on the side of Interstate 65. The complaint alleges that he was shot 12 times, including five times "after he had fallen to the ground," and the court concludes that it plausibly alleges excessive force against the individual officers. However, the surviving spouse abandoned her Section 1983 claims against the Metro government and fails to show that the municipal defendants waived their immunity to the negligence claim.
Court: USDC Middle District of Tennessee , Judge: Crenshaw, Filed On: April 1, 2024, Case #: 3:22cv721, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Immunity
J. Richardson grants the Nissan defendant's motion to compel arbitration in this class action. The court concludes that the "dispute over arbitrability has been delegated to the arbitrator" as it relates to the specific customer at issue. Also, the company's dismissal motion is denied as moot, though it can refile "with arguments specific to the plaintiffs actively before the Court."
Court: USDC Middle District of Tennessee , Judge: Richardson, Filed On: March 31, 2024, Case #: 3:22cv830, NOS: Motor Vehicle Product Liability - Torts - Personal Injury, Categories: Arbitration, Civil Procedure, Class Action
J. Crenshaw grants in part and denies in part the competing motions for summary judgment in this lawsuit concerning a transgender high school student's desire to "try out for the boy's golf team." The student's complaint brings an as-applied challenge to the state's Gender in Athletics Law and the county's revised athletics policy. The court concludes that the rules, as applied to the student, violate the equal protection clause, though they do not violate Title IX. Accordingly, the student will be granted injunctive relief and permitted to try out for the team.
Court: USDC Middle District of Tennessee , Judge: Crenshaw, Filed On: March 29, 2024, Case #: 3:21cv835, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Education
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J. Campbell denies the metropolitan government's motion for summary judgment in this lawsuit brought by an employee in the fire department who asserts claims of sex discrimination and retaliation under Title VII, as well as age discrimination and retaliation under the Age Discrimination in Employment Act, after she was allegedly not promoted to the fire marshal position. The government fails to establish its statute of limitations defense. The employee also provides ample evidence of her qualifications for the job, including that she worked in the fire marshal's office for over 30 years, oversaw the day-to-day operations and was instructed to train the new fire marshal.
Court: USDC Middle District of Tennessee , Judge: Campbell, Filed On: March 27, 2024, Case #: 3:22cv680, NOS: Employment - Civil Rights, Categories: Employment Discrimination, Employment Retaliation
J. Campbell mostly denies the employers' dismissal motions in this lawsuit brought by a former employee who alleges that she was fired after complaining about a client's sexual harassment. The dismissal motions are granted as to her claim for "participation in a venture engaged in sex trafficking." The allegations do not show that the employers had notice of "a commercial sex act," as required under the federal statute. Their motions are denied as to the remaining counts.
Court: USDC Middle District of Tennessee , Judge: Campbell, Filed On: March 26, 2024, Case #: 3:23cv477, NOS: Other Statutory Actions - Other Suits, Categories: Civil Rights, Employment
J. Campbell grants the school defendants' motion for reconsideration and grants their motion to enforce the parties' settlement agreement in this lawsuit involving a high school student's alleged assignment "to an alternative school." The parents of the student, who was allegedly removed from the high school "for possession of alcohol," argue that a settlement agreement was not reached. However, the court finds that the parties "agreed to the material terms of settlement" and that the remaining issues, including the proposed wording of the agreement, were not material. The court further notes that the student was allowed to return to the high school.
Court: USDC Middle District of Tennessee , Judge: Campbell, Filed On: March 25, 2024, Case #: 3:22cv408, NOS: Education - Civil Rights, Categories: Education, Settlements
J. Campbell denies the defendant company's motion for summary judgment in this employment discrimination lawsuit brought by a former employee under Title VII and the Tennessee Human Rights Act, as well as the Americans with Disabilities Act. There are issues of fact precluding summary judgment, specifically as to whether the employee requested accommodations and whether the company took an adverse action against the employee.
Court: USDC Middle District of Tennessee , Judge: Campbell, Filed On: March 19, 2024, Case #: 3:22cv132, NOS: Employment - Civil Rights, Categories: Ada / Rehabilitation Act, Employment Discrimination, Employment Retaliation
J. Trauger partially grants the defendants' summary judgment motion in this lawsuit brought by a Tennessee insurance agency and its owner, alleging breach of an oral agreement, as well as a written nondisclosure agreement, in connection with the purchase of premium financed life insurance policies. The defendants' motion is granted as to the alleged breach of an oral commission agreement and the breach of fiduciary duty claim. The plaintiffs' claim regarding the nondisclosure agreement remains pending against the corporate defendant.
Court: USDC Middle District of Tennessee , Judge: Trauger, Filed On: March 15, 2024, Case #: 3:19cv964, NOS: Other Contract - Contract, Categories: Civil Procedure, Insurance, Fiduciary Duty
J. Trauger grants the media defendants' dismissal motion in this defamation lawsuit brought by an attorney alleging that a pair of articles placed him "in a false light." The articles concerned the attorney's role in a separate lawsuit against the National Rifle Association. Certain statements and implications "are protected by the fair report privilege," however, while others are "not capable of conveying a defamatory meaning."
Court: USDC Middle District of Tennessee , Judge: Trauger, Filed On: March 15, 2024, Case #: 3:22cv1017, NOS: Assault, Libel, & Slander - Torts - Personal Injury, Categories: Communications, Defamation, Privilege
J. Crenshaw finds in favor of the employer in this lawsuit alleging race discrimination and a hostile work environment under Title VII of the Civil Rights Act. The employee, who worked as a line assembler for the manufacturer, contends that his termination was based on race. However, he fails to provide a comparator that was treated "more favorably" to establish his prima facie case of discrimination.
Court: USDC Middle District of Tennessee , Judge: Crenshaw, Filed On: March 11, 2024, Case #: 3:22cv386, NOS: Employment - Civil Rights, Categories: Civil Rights, Employment Discrimination
J. Campbell partially grants the various dismissal motions filed in this defamation lawsuit brought by a former seminary professor and his wife, who allege that the Southern Baptist Convention published "a false narrative" about them. Their claims are dismissed against a former Lifeway executive and the parent company of an investigator for lack of personal jurisdiction. Lifeway's dismissal motion is granted for failure to state a claim.
Court: USDC Middle District of Tennessee , Judge: Campbell, Filed On: March 8, 2024, Case #: 3:23cv478, NOS: Assault, Libel, & Slander - Torts - Personal Injury, Categories: Defamation, Jurisdiction
J. Campbell mostly denies the Southern Baptist Convention's motion to dismiss in this defamation lawsuit stemming from a "highly publicized report" that allegedly featured the former president of the Southern Baptist Convention in a misleading way. The Southern Baptist Convention fails to show that the former president was a limited-purpose public figure, as nothing in the complaint suggests that he voluntarily injected himself into a sexual abuse controversy or the events surrounding the report. However, his defamation per se is dismissed as duplicative of his defamation claim.
Court: USDC Middle District of Tennessee , Judge: Campbell, Filed On: March 8, 2024, Case #: 3:23cv243, NOS: Assault, Libel, & Slander - Torts - Personal Injury, Categories: Defamation, Emotional Distress
J. Trauger grants in part the plaintiff company's motion for a preliminary injunction and partial motion to dismiss certain counterclaims in this trademark dispute between competing epoxy sellers. The court will grant limited injunctive relief related to the use of the phrase "ultra clear epoxy" in online advertisements. The counterclaims for deceptive trade practices are also dismissed.
Court: USDC Middle District of Tennessee , Judge: Trauger, Filed On: March 6, 2024, Case #: 3:23cv715, NOS: Trademark - Property Rights, Categories: Trademark, Consumer Law
J. Trauger partially grants the dismissal motion filed by X Corp. in this lawsuit concerning copyrighted works being posted on the company's social media platform, which was formerly known as Twitter. The plaintiff music publisher's claims for direct and vicarious infringement will be dismissed in their entirety, though the court will allow it to proceed with certain parts of its contributory infringement claim, including an allegation that X Corp. "enforces its copyright policies less stringently" against its verified users.
Court: USDC Middle District of Tennessee , Judge: Trauger, Filed On: March 5, 2024, Case #: 3:23cv606, NOS: Copyrights - Property Rights, Categories: Civil Procedure, Copyright
J. Newbern recommends that the defendant company's dismissal motion be granted in this lawsuit brought by a small business owner alleging libel and trademark infringement. The pro se plaintiff fails to state a plausible claim for relief against the defendant company, Alphabet, and the complaint should be dismissed pursuant to Rule 12(b)(6).
Court: USDC Middle District of Tennessee , Judge: Newbern, Filed On: March 4, 2024, Case #: 2:23cv52, NOS: Copyrights - Property Rights, Categories: Civil Procedure, Trademark, Defamation
J. Richardson grants the state defendants' dismissal motion in this voter lawsuit challenging the constitutionality of certain statutes, alleging that the statutes "deter voting" and chill "freedom of political speech." The voter plaintiffs contend that the sections at issue, which are meant to prevent "cross-over voting" in the primary elections, are void for vagueness. But the court finds that the plaintiffs lack standing.
Court: USDC Middle District of Tennessee , Judge: Richardson, Filed On: March 4, 2024, Case #: 3:23cv1256, NOS: Voting - Civil Rights, Categories: Civil Rights, Elections, Jurisdiction
J. Richardson partially grants the defendant medical college's motion for summary judgment in this suit brought by a former student asserting violations of the Americans with Disabilities Act, breach of contract and negligent misrepresentation. The college is entitled to summary judgment on the student's negligent misrepresentation claim and his "failure-to-accommodate claim to the extent that that claim is based on anything other than a failure to allow a fourth attempt at the Step 1 exam."
Court: USDC Middle District of Tennessee , Judge: Richardson, Filed On: March 1, 2024, Case #: 3:20cv624, NOS: Housing/Accommodations - Civil Rights, Categories: Ada / Rehabilitation Act, Education
J. Campbell partially grants the metro defendants' dismissal motion in this lawsuit asserting claims for excessive force and negligence in connection with an incident in which an individual experiencing "a mental health crisis" was allegedly shot by police officers with a Taser and a gun, resulting in personal injuries. The defendant police officers are entitled to qualified immunity on the excessive force claim. The constitutional claim against the metropolitan government will not be dismissed, however.
Court: USDC Middle District of Tennessee , Judge: Campbell, Filed On: March 1, 2024, Case #: 3:22cv173, NOS: Civil Rights - Habeas Corpus, Categories: Civil Rights, Immunity
J. Trauger grants the defendant plan administrators' motion for judgment on the administrative record in this dispute over early retirement benefits. The administrators' decision to deny benefits based on the worker's "failure to show that he was retired under the Plan, despite their failure to articulate a legitimate rationale, was not arbitrary and capricious."
Court: USDC Middle District of Tennessee , Judge: Trauger, Filed On: March 1, 2024, Case #: 3:21cv757, NOS: Other Contract - Contract, Categories: Employment, Erisa, Labor / Unions
J. Trauger partially grants the plaintiff epoxy company's motion for a preliminary injunction in this Lanham Act lawsuit against another epoxy seller regarding the use of the phrase "ultra clear epoxy." The plaintiff company will be granted limited injunctive relief, as the court notes its "real, but not overwhelming, likelihood of success."
Court: USDC Middle District of Tennessee , Judge: Trauger, Filed On: February 27, 2024, Case #: 3:23cv715, NOS: Trademark - Property Rights, Categories: Civil Procedure, Trademark