72 results for 'court:"USDC Southern District of Mississippi "'.
J. Guirola transfers an oil and gas company's breach of contract claims to the Southern District of Texas, Corpus Christi Division. The dispute involves property located in Texas, and the alleged breach of contract occurred there, not Mississippi.
Court: USDC Southern District of Mississippi , Judge: Guirola, Filed On: January 25, 2024, Case #: 1:22cv248, NOS: Other Contract - Contract, Categories: Venue, Business Practices, Contract
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J. Johnson partly grants a driver's motion to restrict evidence, such as being terminated from a previous job for serving alcohol and having an outstanding warrant, in his suit against a trucking company regarding a motor vehicle accident.
Court: USDC Southern District of Mississippi , Judge: Johnson, Filed On: January 24, 2024, Case #: 3:22cv457, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Evidence, Vehicle, Negligence
J. Ozerden partly grants a medical center administrator's motion to dismiss claims filed by relators for allegedly submitting false Medicare reports. Some of the claims exceed the statute of limitations, specifically claims based on reports submitted before October 18, 2012.
Court: USDC Southern District of Mississippi , Judge: Ozerden, Filed On: December 21, 2023, Case #: 1:16cv38, NOS: Qui Tam (31 U.S.C. § 3729(a)) - Torts - Personal Property, Categories: Fraud, Medicare, False Claims
J. Guirola grants a city���s motion for summary judgment against claims of violating a hotel owner���s due process rights when declaring the property a menace to "public health, safety and welfare." The city did not violate the owner's due process since it gave her an opportunity to appear at a hearing, and it was justified in trying to protect the health and safety of its citizens.
Court: USDC Southern District of Mississippi , Judge: Guirola, Filed On: December 14, 2023, Case #: 1:23cv63, NOS: Other Civil Rights - Civil Rights, Categories: Property, Zoning, Due Process
J. Reeves partly grants a former assistant principal���s motion for summary judgment on violations of Americans with Disability Act claims against the school when she was fired after taking additional time off, that was initially approved, to recover from surgical birth and related complications. There are no genuine issues of material fact as to the assistant principal���s ADA discriminatory termination claim.
Court: USDC Southern District of Mississippi , Judge: Reeves, Filed On: December 8, 2023, Case #: 3:22cv265, NOS: Civil Rights - Habeas Corpus, Categories: Civil Rights, Ada / Rehabilitation Act, Employment
J. Guirola dismisses the staff attorney's free speech and wrongful termination claims alleging that he was fired after refusing to disclose confidential taxpayer information to a party seeking the information by subpoena because he believed it would violate statutory law. The attorney has not disclosed any waiver of Mississippi's sovereign immunity from liability, so his claims against the state defendants are dismissed. Also, the individual defendants are entitled to qualified immunity on the employee's First Amendment claims.
Court: USDC Southern District of Mississippi , Judge: Guirola, Filed On: October 31, 2023, Case #: 3:22cv213, NOS: Employment - Civil Rights, Categories: Employment, First Amendment
J. Starrett dismisses a defamation lawsuit brought by former NFL quarterback Brett Favre against ex-NFL tight end and current talk show host Shannon Sharpe related to comments he made regarding Favre's alleged involvement in a welfare fraud case. Sharpe's comments "are constitutionally protected rhetorical hyperbole using loose, figurative language." Sharpe's comments about Favre stealing from people who really needed the money "were made against the backdrop of longstanding media coverage of Favre's role in the welfare scandal," and no reasonable listener "would think that Favre actually went into the homes of poor people and took their money."
Court: USDC Southern District of Mississippi , Judge: Starrett, Filed On: October 30, 2023, Case #: 2:23cv42, NOS: Assault, Libel, & Slander - Torts - Personal Injury, Categories: Defamation
J. Johnson finds that the customer can pursue her negligence and negligent misrepresentation claims against Alamo Rent a Car for renting out a vehicle that she inadvertently returned to Alamo even though she had rented the car from Budget. The customer says she called Alamo's corporate office and was assured that the car would be returned to Budget, but instead Alamo rented the car out and Budget charged the customer for failing to return the car. These allegations are sufficient to support her negligence-based claims.
Court: USDC Southern District of Mississippi , Judge: Johnson, Filed On: October 25, 2023, Case #: 3:23cv320, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Fraud, Negligence
J. Jordan finds a woman can continue with some of her civil rights claims against the county and a police officer who arrested her when she attempted to intervene in her friend's arrest. The First Amendment, unlawful-arrest and excessive force claims against the officer survive, and her conditions-of-confinement and unlawful strip search claims against the county are plausible.
Court: USDC Southern District of Mississippi , Judge: Jordan, Filed On: October 18, 2023, Case #: 3:22cv508, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Due Process, Police Misconduct
J. Jordan denies a county court���s motion to dismiss claims of race discrimination alleged by a terminated white administrator, who says the Black woman that replaced her had less experience yet received higher pay. The county���s board of supervisors is dismissed as a party, but the discrimination claims against the judge survive.
Court: USDC Southern District of Mississippi , Judge: Jordan, Filed On: August 21, 2023, Case #: 3:22cv643, NOS: Civil Rights - Habeas Corpus, Categories: Civil Rights, Employment, Employment Discrimination