134 results for 'court:"USDC Northern District of Alabama "'.
J. Cornelius grants a medical device manufacturer���s motion to dismiss this wrongful death product liability lawsuit involving a medical defibrillator known as the Evera brought by the patient���s estate. The manufacturer recalled the defective defibrillators due to the battery rapidly and unexpectedly depleting approximately two months before the patient���s death, but the estate alleges the recall should have happened sooner. The estate���s claims are based on post-���premarket approval��� behavior, so they are preempted by the Medical Device Amendments of 1976.
Court: USDC Northern District of Alabama , Judge: Cornelius, Filed On: March 6, 2024, Case #: 2:23cv423, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: Health Care, Product Liability, Wrongful Death
J. Manasco grants summary judgment in favor of a bank in this mortgage lien counterclaim against a property owner. It is undisputed that the parties submitted evidence confirming the bank did in fact make the mistake when the property owner canceled the loan by email. The court orders a $289,939.28 money judgment in favor of the bank. The property owner���s motion for summary judgment is denied as moot.
Court: USDC Northern District of Alabama , Judge: Manasco, Filed On: March 5, 2024, Case #: 2:22cv63 , NOS: Other Contract - Contract, Categories: Property, Banking / Lending
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J. Maze grants a poultry processing company���s motion for summary judgment on a former employee���s disparate treatment, retaliation, and failure to accommodate in violation of the Americans with Disabilities Act. The company terminated the employee while on medical leave. The employee fails to show evidence for an adverse action of discrimination or retaliation for failure to accommodate.
Court: USDC Northern District of Alabama , Judge: Maze, Filed On: February 21, 2024, Case #: 1:21cv1292, NOS: Employment - Civil Rights, Categories: Ada / Rehabilitation Act, Employment Discrimination, Employment Retaliation
J. Axon grants, in part, the city���s motion for summary judgment and motion to strike certain evidentiary exhibits in this employment dispute brought by a former police officer. The Black officer worked for the special investigations unit when he was told by supervisors that he was being reassigned because special assignments only last five years. However, this rule was not enforced for white officers, and his new assignment constituted a demotion. The retaliatory hostile work environment claim is denied and will proceed to trial. The motion to strike is denied as moot as to all evidence the city objects to.
Court: USDC Northern District of Alabama , Judge: Axon, Filed On: February 16, 2024, Case #: 2:22cv178, NOS: Employment - Civil Rights, Categories: Employment Discrimination, Employment Retaliation
J. Axon denies a former Hispanic female employee���s motion to compel and her motion to reconsideration of sanctions in this race discrimination employment dispute against the transit authority. There is no proper basis for her motion compel because she did not attempt to subpoena or properly serve two witnesses to be disposed. The court had doubts about the credibility of the employee���s statements during two hearings. The transit authority���s motion for sanctions is denied.
Court: USDC Northern District of Alabama , Judge: Axon, Filed On: February 6, 2024, Case #: 2:22cv362, NOS: Employment - Civil Rights, Categories: Employment, Sanctions, Employment Discrimination
J. Coogler grants summary judgment to two companies in this race discrimination and retaliation dispute brought by two former employees, both Black men, who say they were treated differently than their white coworkers, assigned fewer desirable jobs and denied training. The Black employees were terminated for walking off the job site after they were informed everyone had to take a drug test. One of the white coworkers, who also left, was allowed back at work the following day. The court sees no dispute of fact or evidence that there was an adverse reaction to discrimination or retaliation.
Court: USDC Northern District of Alabama , Judge: Coogler, Filed On: February 2, 2024, Case #: 7:22cv513, NOS: Employment - Civil Rights, Categories: Employment Discrimination, Employment Retaliation
J. Axon grants partial summary judgment in favor of the poultry processors in this violation of Packers and Stockyards Act suit brought by a trustee of a bankruptcy estate and its farm. The trustee alleges the processors violated the Act by creating an anticompetitive market scheme to fix chicken prices higher than the market would otherwise support. The poultry processors claim the trustee and its farm are precluded due to the settlement agreement in a ���Broiler Grower Litigation��� class action. Therefore, judgment will be entered solely on the federal claim under the Act, and the court will decline to exercise jurisdiction for the state claims.
Court: USDC Northern District of Alabama , Judge: Axon, Filed On: February 2, 2024, Case #: 4:20cv1997, NOS: Other Contract - Contract, Categories: Antitrust, Settlements
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. England grants an estate of a deceased police officer���s motion to dismiss for improper service of a summons in this wrongful arrest, excessive force and negligence suit brought by a citizen after a traffic stop. The citizen knew the officer was deceased but failed to substitute and serve the estate as a party with a summons. Summary judgment is granted, in part for summary judgment in favor of the city, the estate and a police officer. The city has not moved for summary judgment for its liability for the estate officer���s conduct as to portions of negligence, assault and battery. The citizen has not shown state immunity does not apply. The parties need to confer and to a joint status report concerning the next steps of this case by Feb. 9, 2024.
Court: USDC Northern District of Alabama , Judge: England, Filed On: January 26, 2024, Case #: 2:21cv439, NOS: Other Civil Rights - Civil Rights, Categories: Negligence, Assault, Police Misconduct
J. Johnson grants a school safety company���s motion to remand a contract dispute concerning the existence of a contract and establishing whether the technology company was paid in full. The technology company failed to establish evidence of diversity jurisdiction. Therefore, the school safety company���s motion to dismiss is denied and remanded back to the circuit court of Lauderdale County, Alabama.
Court: USDC Northern District of Alabama , Judge: Johnson, Filed On: January 25, 2024, Case #: 3:23cv1364, NOS: Other Contract - Contract, Categories: Jurisdiction, Contract
J. Smith denies a mobile home park and its owner���s motion to exclude reports in their entirety with a proviso to exclude the portion of the investigative report in connection with one of the tenant���s references to the owner���s refusal to submit a polygraph examination. The investigative report pertains to the government���s claim the owner violated the Fair Housing Act by demanding sex from female tenants, harassing them, watching them through their windows and entering their homes without permission, among other things. All the parties may raise specific objections to the remainder of the report at trial.
Court: USDC Northern District of Alabama , Judge: Smith, Filed On: January 25, 2024, Case #: 5:18cv1055, NOS: Housing/Accommodations - Civil Rights, Categories: Civil Rights, Evidence, Housing
J. Borden grants summary judgment in favor of Mercedes-Benz in this employment dispute brought by a former employee who is a Black female alleging discrimination and retaliation due to her age, race and gender. The former employee did not address the age discrimination in Mercedes-Benz summary judgment motion, the court deems this to be abandoned. The opposition brief shows the stated reason for termination with no circumstantial evidence of race and gender discrimination or retaliation.
Court: USDC Northern District of Alabama , Judge: Borden, Filed On: January 22, 2024, Case #: 7:21cv1618, NOS: Employment - Civil Rights, Categories: Civil Rights, Employment Discrimination, Employment Retaliation
J. Coogler grants the school district, its board members and two bus drivers��� motion to dismiss this denial of access to courts and racial discrimination claims stemming from a car collision. Two Black women allege that a bus driver was being trained by another when the bus veered over and ran the vehicle off the road hitting a concrete barrier. The women state they would have received better treatment if they were white but, fail to support the inference of discrimination. The court denies exercising supplement jurisdiction over this case.
Court: USDC Northern District of Alabama , Judge: Coogler, Filed On: January 18, 2024, Case #: 7:23cv1082, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Vehicle, Negligence, Jurisdiction
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
J. England partially grants the United States��� motion to exclude a patient���s two expert witnesses in this medical malpractice lawsuit. The patient alleges he had a stroke after doctors failed to administer antibiotics testing positive for enterococcus faecalis before discharging her. One of the experts, a long-time professor, does not meet the requirements because the testimony fails to demonstrate that he has performed basic emergency medicine. The other expert internist and hospitalist has served at several facilities, making him acknowledgeable as an expert; he agrees the standard of care was breached when the patient was sent home instead of being admitted. So the motion to exclude the professor expert is granted and the internist and hospitalist expert is denied. Summary judgment is denied at this stage.
Court: USDC Northern District of Alabama , Judge: England, Filed On: January 12, 2024, Case #: 2:21cv576, NOS: Personal Injury - Medical Malpractice - Torts - Personal Injury, Categories: Experts, Medical Malpractice
J. Axon grants, in part, the county���s motion to dismiss this employment dispute brought by a former employee alleging gender, sex, age and disability discrimination and retaliation. In the former employee���s amended complaint, she did not allege gender or sex discrimination and requested punitive damages. Therefore, the gender or sex discrimination and requested punitive damages are dismissed. All of the remaining motion to dismiss claims are denied and will continue with proceedings.
Court: USDC Northern District of Alabama , Judge: Axon, Filed On: January 12, 2024, Case #: 2:23cv62, NOS: Employment - Civil Rights, Categories: Employment Discrimination, Employment Retaliation
J. Maze grants Fiat Chrysler���s motion for summary judgment on product liability claims brought by a couple alleging defective product design, manufacturing defect and breach of warranty. The couple failed to prove that their Fiat 500X SUV caught fire in the driveway, then the fire spread to the home, because of a defective engine. They only brought their own photos of the fire and the fire report, and not any expert testimony that could point to Fiat Chrysler���s liability.
Court: USDC Northern District of Alabama , Judge: Maze, Filed On: January 8, 2024, Case #: 1:22cv980, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: Evidence, Product Liability, Warranty
J. Maze grants a bee company���s motion to dismiss counterclaims for falsely marking carpenter bee traps brought by a patent holder. The patent holder alleges the company���s selling carpenter bee traps on Amazon that infringes on his patent. The court finds the patent holder���s counterclaim fails to state a claim and is dismissed. The patent holder���s motion for leave to amend his false marking claim and motion for partial summary judgment are denied. The motion for leave to refile may be filed at the close of discovery.
Court: USDC Northern District of Alabama , Judge: Maze, Filed On: January 3, 2024, Case #: 1:22cv1623, NOS: Patent - Property Rights, Categories: Patent, Discovery, False Advertising
J. Danella dismisses in favor of the restaurant for this lawsuit claiming a former employee was discriminated and retaliated against in violation of the Americans with Disabilities Act. The employee states that he was wrongfully terminated due to his bipolar or schizoaffective disorder disability after he asked coworkers if the ���Army was following him.��� The employee fails to show that his termination was from his mental illness or include when, where or from whom he requested reasonable accommodations. He may file an amended complaint to include all claims in this action without repeating the original complaint.
Court: USDC Northern District of Alabama , Judge: Danella, Filed On: January 3, 2024, Case #: 2:23cv876, NOS: Employment - Civil Rights, Categories: Ada / Rehabilitation Act, Employment Discrimination, Employment Retaliation
J. Haikala awards default judgment in favor of the pay-per-view fight licensing company, ruling it is entitled to $63,000 in enhanced damages against the bar owner who broadcasted the copyrighted fight for patrons without first purchasing a license. The licensing company is entitled to attorney fees of $1,500 and other cost in the amount of $877.
Court: USDC Northern District of Alabama , Judge: Haikala, Filed On: January 3, 2024, Case #: 2:22cv1471, NOS: Cable/Sat TV - Other Suits, Categories: Damages, Attorney Fees
J. Maze grants, in part, a steel supply company and four coworkers��� motion to dismiss in this employment dispute brought by a former employee. The employee alleges race discrimination, sexual harassment, physical abuse by three coworkers, retaliation and he was wrongfully terminated for threating a lawsuit to the supervisor. The court dismisses the steel supply company on all claims, but the retaliation claim shall proceed since the former employee was terminated before he could file a EEOC complaint. The former employee may proceed against three of the coworkers on the assault and battery claims. The remaining parties must meet confer on the claims that persist.
Court: USDC Northern District of Alabama , Judge: Maze, Filed On: January 3, 2024, Case #: 1:23cv625, NOS: Employment - Civil Rights, Categories: Civil Procedure, Employment, Assault
J. Axon denies an insurer���s efforts to obtain a judgment indicating it does not owe a duty to defend or indemnify for an oil company���s transportation pollution endorsement and general liability insurance claim. The insurer argues the oil company���s former president is excluded from the policy because he was not an executive officer and that the court needs to define the action which would exclude coverage. The duty to indemnify claim is unripe because there is no judgement yet and one may never exist.
Court: USDC Northern District of Alabama , Judge: Axon, Filed On: December 22, 2023, Case #: 7:22cv791, NOS: Insurance - Contract, Categories: Energy, Insurance, Indemnification