42 results for 'judge:"Campbell"'.
J. Campbell-Smith grants the U.S. dismissal of claims alleging breach of a helium delivery contract because the helium company failed to demonstrate how it had been damaged by the increased methane level in the deliveries.
Court: Court of Federal Claims, Judge: Campbell-Smith, Filed On: August 31, 2023, Case #: 22-434C, Categories: Contract
J. Campbell grants a County's motion for summary judgment concerning a mining company's claims that it issued it a permit that contained outdated flow rates, and then refused to review a report completed by a hydrologist, which cost it upwards of $8 million for complying with "unnecessary stabilization demands." However, the County sufficiently showed that the claims are time-barred under the statute of limitations.
Court: USDC Arizona, Judge: Campbell, Filed On: August 24, 2023, Case #: 2:21cv1875, NOS: Other Civil Rights - Civil Rights, Categories: Construction, Energy, Contract
J. Campbell denies the dismissal motions filed in this lawsuit brought by a nonprofit organization alleging violations of the Freedom of Access to Clinic Entrances Act, as well as trespass, assault and nuisance, against a group of protesters. The nonprofit corporation has statutory standing, and it has stated a claim for relief under the Act. Also, the procedural mechanisms of the Tennessee Public Participation Act do not apply.
Court: USDC Middle District of Tennessee , Judge: Campbell, Filed On: August 23, 2023, Case #: 3:22cv565, NOS: Other Civil Rights - Civil Rights, Categories: Civil Procedure, Health Care, Assault
J. Campbell rules a physician may pursue defamation claims against a former patient. The physician, who had at least one sexual encounter with the patient, sufficiently showed that she "embarked on a years- long campaign of harassment" against him and his wife, and then repeatedly threatened him via text messages and phone calls, as well as reaching out to members of his congregation.
Court: USDC Arizona, Judge: Campbell, Filed On: August 14, 2023, Case #: 2:21cv92, NOS: Assault, Libel, & Slander - Torts - Personal Injury, Categories: Defamation, Privacy, Jurisdiction
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J. Campbell partially grants the defendant pharmaceutical company's dismissal motion on the former employee's claims for age discrimination and retaliation under Title VII and retaliatory discharge under Tennessee common law. The former employee's retaliation claim under Title VII fails, as her "charge of sexual harassment did not report conduct that falls under Title VII." The alleged conduct that plaintiff reported was toward a non-employee. Her age discrimination claim under Title VII is also dismissed, as it does not fall under Title VII.
Court: USDC Middle District of Tennessee , Judge: Campbell, Filed On: July 20, 2023, Case #: 3:22cv447, NOS: Employment - Civil Rights, Categories: Employment Discrimination, Employment Retaliation
J. Campbell finds the lower court properly convicted defendant of rape, two counts of incest and two counts of statutory rape by an an authority figure for acts committed against his daughter over several years. The instant court finds no error or abuse of discretion by the lower court, and evidence is sufficient to support defendant’s convictions and effective 90-year sentence to be served in the Tennessee Department of Corrections. Affirmed.
Court: Tennessee Court of Criminal Appeals, Judge: Campbell, Filed On: July 5, 2023, Case #: W2022-00680-CCA-R3-CD, Categories: Evidence, Sex Offender
J. Campbell finds the lower court properly suspended an attorney for his role in the failed representation and administration of an estate, finding that he violated three rules of professional conduct. While the instant court agrees with the lower court’s findings, it finds the punishment too light, and modifies it to impose a one-year suspension, with six months to be served as active suspension, a fixed probation period with any violation of the conditions resulting in procedure under Tennessee Supreme Court Rule 9, section 14.2. Affirmed in part.
Court: Tennessee Supreme Court, Judge: Campbell, Filed On: June 30, 2023, Case #: M2022-00755-SC-BAR-BP, Categories: Wills / Probate, Attorney Fees, Attorney Discipline
J. Campbell finds a lower court properly dismissed a hotel's motion for tax relief. The hotel argued that the Arizona Department of Revenue is obligated to refund mistakenly paid transaction privilege taxes on reimbursements for its rewards program. However, the department of revenue sufficiently showed in court that imposing transaction privilege tax on the revenues is not double taxation. Affirmed.
Court: Arizona Court Of Appeals Division One, Judge: Campbell, Filed On: June 9, 2023, Case #: 1 CA-TX 22-3, Categories: Tax
J. Campbell rules an accident law group may pursue trademark counterclaims against another law firm. The accident law group sufficiently showed that it did not infringe on the law firm's trademark when it purchased its "Lerner & Rowe" Google keyword as part of an online advertisement strategy.
Court: USDC Arizona, Judge: Campbell, Filed On: May 18, 2023, Case #: 2:21cv1540, NOS: Trademark - Property Rights, Categories: Trademark