105 results for 'court:"USDC Western District of Tennessee "'.
J. Lipman mostly denies the cheerleading defendants' motion to exclude certain expert testimony in this antitrust class action involving the cheerleading industry, specifically regarding the prices paid to participate in "competitive cheerleading competitions and camps." The economic expert's opinions are mostly admissible, as the defendants have not shown that her methodology for defining relevant markets is unreliable. The motion is granted, however, as to "her opinions regarding Varsity's motives."
Court: USDC Western District of Tennessee , Judge: Lipman, Filed On: February 28, 2024, Case #: 2:20cv2892, NOS: Antitrust - Other Suits, Categories: Antitrust, Experts, Class Action
J. McCalla partially grants the defendant company's summary judgment motion in this lawsuit brought by an employee alleging harassment and retaliation under the Tennessee Human Rights Act, as well as workers' compensation retaliation. Specifically, the motion is granted as to the plaintiff's workers' compensation retaliation claim. Also, the defendant coworker's summary judgment motion is denied.
Court: USDC Western District of Tennessee , Judge: McCalla, Filed On: February 26, 2024, Case #: 2:22cv2683, NOS: Other Labor Litigation - Labor, Categories: Employment Retaliation, Workers' Compensation
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J. Fowlkes dismisses this lawsuit regarding an alleged public nuisance with prejudice, based on the pro se plaintiff's failure to state a claim. The pro se plaintiff is entitled to represent herself, but she cannot represent any organizations, as she is not an attorney. Also, she lacks standing to assert her substantive claims, as she does not have an interest in the property.
Court: USDC Western District of Tennessee , Judge: Fowlkes, Filed On: February 9, 2024, Case #: 2:23cv2436, NOS: Other Contract - Contract, Categories: Civil Procedure, Real Estate
J. Norris grants the defendant company's dismissal motion in this lawsuit alleging tortious and intentional interference with business relations, defamation and breach of contract. The plaintiff company's defamation claim fails, as its allegations "fail to raise a right to relief above the speculation level."
Court: USDC Western District of Tennessee , Judge: Norris, Filed On: February 9, 2024, Case #: 2:23cv2093, NOS: Assault, Libel, & Slander - Torts - Personal Injury, Categories: Defamation, Interference With Contract, Contract
J. Joseph denies a request by the purchaser of 500 million 3M masks to vacate a final arbitration award to the manufacturer of $44,000 in breach of contract damages, plus attorney fees totaling $680,000. The purchaser had sufficient notice of the arbitration proceedings and was not denied due process.
Court: USDC Western District of Tennessee , Judge: Joseph, Filed On: January 24, 2024, Case #: 6:23cv1021, NOS: Other Statutory Actions - Other Suits, Categories: Arbitration, Covid-19, Contract
J. Lipman grants the parking lot owner's motion for summary judgment in this premises liability lawsuit stemming from an alleged trip and fall on an adjacent sidewalk. The record shows that the parking lot owner did not own the public sidewalk and did not make any repairs or modifications to the sidewalk. Under Tennessee law "municipalities are the proper defendants in factual scenarios" like the one alleged here. Also, a city sidewalk ordinance does not create a duty owed to the litigant.
Court: USDC Western District of Tennessee , Judge: Lipman, Filed On: January 11, 2024, Case #: 2:23cv2113, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Tort, Premises Liability
J. Lipman dismisses this proposed class action seeking "judicial review of a final agency action by the United States Department of Agriculture," specifically in connection with its Discrimination Financial Assistance Program and the implementation of the Inflation Reduction Act. The plaintiff claimants seek injunctive relief to require the acceptance of legacy applications and to apply the process to housing loans. However, the agency's exclusion of those applications is proper, based on the statutory language.
Court: USDC Western District of Tennessee , Judge: Lipman, Filed On: January 9, 2024, Case #: 2:23cv2527, NOS: Administrative Procedure Act/Review or Appeal of Agency Decision - Other Suits, Categories: Agriculture, Class Action
J. Fowlkes dismisses the asylum seeker's lawsuit against the U.S. Citizenship and Immigration Services alleging violations of the Immigration and Nationality Act, as well as the Administrative Procedure Act, after he applied for asylum in 2019 and has yet to receive an interview. The court has jurisdiction over the APA claim and determines that the delay in processing his application, though "significant," is not unreasonable.
Court: USDC Western District of Tennessee , Judge: Fowlkes, Filed On: December 14, 2023, Case #: 2:23cv2329, NOS: Other Immigration Actions - Immigration, Categories: Administrative Law, Immigration
J. Mays denies the plaintiff delivery driver's motion for a new trial in this negligence lawsuit alleging that he was injured at the defendant company's warehouse when he was there picking up a delivery and fell off a loading dock. The jury found in favor of the defendant company, and the verdict was not against the weight of the evidence. Also, the admission of a demonstration video does not entitle the driver to a new trial.
Court: USDC Western District of Tennessee , Judge: Mays, Filed On: December 14, 2023, Case #: 2:22cv2190, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Civil Procedure, Evidence, Negligence
J. Mays enters an agreed protective order governing the production of discovery in this case. The protected information may include "documents, tangible items, or information, including electronically stored information," which should be protected from public disclosure.
Court: USDC Western District of Tennessee , Judge: Mays, Filed On: December 12, 2023, Case #: 2:23cv2444, NOS: Environmental Matters - Other Suits, Categories: Civil Procedure, Discovery
J. Pham denies the plaintiff employee's motion for discovery sanctions in this lawsuit alleging sex discrimination, hostile work environment and retaliation under Title VII. The former employee seeks sanctions against the employer after surveillance video of an alleged incident with a coworker was not produced. Sanctions are not appropriate, however, because the defendant company had no duty to preserve the evidence at the time it allegedly erased the video pursuant to its video retention policy.
Court: USDC Western District of Tennessee , Judge: Pham, Filed On: November 30, 2023, Case #: 2:22cv2705, NOS: Employment - Civil Rights, Categories: Sanctions, Discovery, Employment Discrimination
J. Pham denies the waste collection defendants' motion in limine seeking to exclude certain expert testimony in this case involving a motor vehicle collision. The expert's credentials, which include certification as a Master Automotive Technician, "qualify him as an expert in the field of accident reconstruction," and he independently reviewed the evidence in the case.
Court: USDC Western District of Tennessee , Judge: Pham, Filed On: November 21, 2023, Case #: 2:21cv2474, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Tort, Vehicle, Experts
J. Lipman grants the customers' motion for preliminary approval of a consolidated class action settlement in this negligence case concerning an alleged rodent infestation at a Family Dollar distribution center, which resulted in a voluntary recall of certain products. The objections raised by the State of Arkansas, which intervened in the case, are overruled. The Arkansas Deceptive Trade Practices Act does not prohibit class settlements, and the settlement is not deficient.
Court: USDC Western District of Tennessee , Judge: Lipman, Filed On: October 27, 2023, Case #: 2:22cv2138, NOS: Other Fraud - Torts - Personal Property, Categories: Settlements, Consumer Law, Class Action
J. McCalla grants in part the plaintiff insurance company's motion for summary judgment in this interpleader action concerning an award for business personal property, stemming from a fire at a recording studio. The company is granted summary judgment as to the counterclaim against it for conversion. The evidence provided indicates that the company was not involved in the removal of the equipment "out of the damaged building," and also the counterclaim is barred under the doctrine of claim preclusion.
Court: USDC Western District of Tennessee , Judge: McCalla, Filed On: October 23, 2023, Case #: 2:20cv2834, NOS: Insurance - Contract, Categories: Insurance, Conversion
J. Breen partially grants the defendant insurance company's dismissal motion in this breach of contract lawsuit brought by a property owner whose properties were allegedly damaged by a tornado. The property owner's claim under the Unlawful Insurance Act does not apply to the insurer. Additionally, the company's dismissal motion regarding certain counts is converted to a motion for summary judgment, and the property owner will be given time "to file a rebuttal."
Court: USDC Western District of Tennessee , Judge: Breen, Filed On: October 12, 2023, Case #: 1:23cv1047, NOS: Insurance - Contract, Categories: Civil Procedure, Insurance, Real Estate
J. Norris grants in part the funds' motion for entry of default judgment in this lawsuit brought under the Employee Retirement Income Security Act regarding unpaid contributions. The company defendants failed to timely respond to the complaint, and the clerk properly entered a default. The court now concludes that the defendant company has breached a repayment agreement, as well as the collective bargaining agreement. The individual defendant is dismissed, however, as to the breach of contract claim against him.
Court: USDC Western District of Tennessee , Judge: Norris, Filed On: October 6, 2023, Case #: 2:23cv2071, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Erisa, Contract, Labor