53 results for 'court:"USDC Southern District of Alabama"'.
J. Nelson orders the citizen to file a second amended complaint in his pro se lawsuit against a police officer she claims, he racially profiled and performed an unreasonable search of her vehicle during a traffic stop. The first amended complaint does not show enough factual matter and will require her to file a more coherent second amended complaint by Oct. 20, 2023, or her first amended complaint will be dismissed without prejudice.
Court: USDC Southern District of Alabama, Judge: Nelson, Filed On: September 28, 2023, Case #: 1:23cv293, NOS: Other Civil Rights - Civil Rights, Categories: Due Process, Police Misconduct
J. DuBose denies the homeowners their motion to dismiss an insurance company's declaratory judgment to determine the parties’ rights, duties, and obligations under a title insurance policy. The insurance company has plausibly alleged that the obligations are terminated under the terms of the policy. The underlying state court action seeking rescission is still ongoing, so the stay motion will be granted based on ripeness grounds.
Court: USDC Southern District of Alabama, Judge: DuBose, Filed On: September 20, 2023, Case #: 1:23cv32, NOS: All Other Real Property - Real Property, Categories: Civil Procedure, Insurance, Real Estate
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J. DuBose grants in part two manufacturers’ motion for summary judgment on property owners’ negligence, warranty and other class claims related to allegedly defective Chinese-manufactured drywall. “Plaintiffs’ damages are limited to the diminution in value of their property, but costs of remediation are admissible to show such.”
Court: USDC Southern District of Alabama, Judge: DuBose, Filed On: September 7, 2023, Case #: 1:21cv447, NOS: Property Damage Product Liability - Torts - Personal Property, Categories: Product Liability, Warranty, Class Action
J. DuBose awards $119,040 in attorney fees, $5,138 in cost and expenses, and $2,100 in fees for the appellate paralegal after the individual prevailed in her civil rights claims against an arresting officer.
Court: USDC Southern District of Alabama, Judge: DuBose, Filed On: August 16, 2023, Case #: 1:19cv854, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Attorney Fees
J. Bivins recommends denying, in part, a company's motion to dismiss two individuals' civil rights claims related to company's vaccination requirement. They have sufficiently pleaded their claim for invasion of privacy.
Court: USDC Southern District of Alabama, Judge: Bivins, Filed On: July 10, 2023, Case #: 1:22cv328, NOS: Employment - Civil Rights, Categories: Civil Rights, Employment, Privacy
J. Steele grants an insured's motion to dismiss an insurance company's action seeking declaratory relief concerning what, if any, coverage it owes for fire damage to a manufactured home. The district court need not exercise jurisdiction over the case due, in part, to the fact the insured has filed a related complaint in state court and prosecuting this case "would increase friction between state and federal courts."
Court: USDC Southern District of Alabama, Judge: Steele, Filed On: June 8, 2023, Case #: 2:23cv73, NOS: Insurance - Contract, Categories: Insurance, Jurisdiction
J. DuBose grants, in part, a group of employees' motion to amend their complaint to add additional claims to their discrimination case arising from their employer's Covid-19 vaccination policy. They have plausibly alleged their invasion of privacy claim to support inclusion in their action.
Court: USDC Southern District of Alabama, Judge: DuBose, Filed On: June 7, 2023, Case #: 1:22cv267, NOS: Employment - Civil Rights, Categories: Privacy, Covid-19, Employment Discrimination
J. Moorer remands a couple's negligence and warranty case against a timber company and others to state court. The company's removal of the action was untimely, as it was clear from the initial complaint the amount in controversy exceeded $75,000.
Court: USDC Southern District of Alabama, Judge: Moorer, Filed On: May 23, 2023, Case #: 1:22cv516, NOS: Tort Product Liability - Real Property, Categories: Negligence, Jurisdiction, Warranty