76 results for 'judge:"Trauger"'.
J. Trauger denies the defendant executives' motion for judgment on the pleadings in this stockholder derivative lawsuit involving a corporation that operates senior-living communities. The stockholder's complaint contends that the executives breached their fiduciary duties "by allowing the company's alleged problems to persist and by misleading the public." The court now finds that the plaintiff stockholder has plausibly alleged that the corporate board "unfairly induced her to file her claims outside the statute of limitations."
Court: USDC Middle District of Tennessee , Judge: Trauger, Filed On: January 4, 2024, Case #: 3:21cv373, NOS: Stockholders’ Suits - Contract, Categories: Civil Procedure, Health Care, Fiduciary Duty
J. Trauger grants the defendant distillery's motion to dismiss the first amended complaint in this breach of contract action involving the alleged transfer of a liquor distribution franchise. The letter that the distributor sent to the distillery requesting approval of the transfer failed to provide the written notice required by statute. Accordingly, the distributor fails to state a claim against the distillery based on an alleged statutory violation or for breach of contract.
Court: USDC Middle District of Tennessee , Judge: Trauger, Filed On: January 4, 2024, Case #: 3:23cv363, NOS: Franchise - Contract, Categories: Civil Procedure, Contract
J. Trauger accepts the recommendation of the magistrate judge and grants summary judgment to Amazon in this lawsuit brought by a former employee who allegedly underwent back surgery and was subsequently terminated from her employment. The former worker contends that her termination was in violation of her rights under the Americans with Disabilities Act. However, the magistrate judge found that she was "unable to work any job," based on her own testimony, in the two years before her termination. Her objections to the magistrate judge's report are meritless.
Court: USDC Middle District of Tennessee , Judge: Trauger, Filed On: December 27, 2023, Case #: 3:20cv1029, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Civil Procedure, Employment Discrimination
J. Trauger denies the defendant company's motion for review of a magistrate judge's order, which mostly granted the motion to compel discovery in this dispute "between a U.S. citizen and a foreign company." The defendant, an Italian employer, contends that Italian privacy laws prevent it from searching employee emails without consent, but it fails to establish grounds for "rejecting or modifying any part of the underlying Order."
Court: USDC Middle District of Tennessee , Judge: Trauger, Filed On: December 27, 2023, Case #: 3:20cv1103, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: International Law, Product Liability, Discovery
J. Trauger denies the air conditioning company's motion to compel arbitration but grants its motion for leave to amend its answer and assert a counterclaim in this negligence lawsuit stemming from the installation of an HVAC unit. The proposed amendment was not "unduly delayed," and the court does not see the possibility of prejudice. As to arbitration, there is a fact issue as to whether the customer had notice of the provision.
Court: USDC Middle District of Tennessee , Judge: Trauger, Filed On: December 21, 2023, Case #: 3:23cv642, NOS: Property Damage Product Liability - Torts - Personal Property, Categories: Arbitration, Civil Procedure, Negligence
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J. Trauger denies the Doe defendants' dismissal motion in this declaratory judgment action brought by an insurance company, "seeking a declaration that it has no duty to defend" a fencing coach and his fencing club in the underlying lawsuit. The Doe defendants, which allegedly include a former fencing student and her parents, contend that there is no actual controversy with regard to the duty to defend, or alternatively, that the claims against them should be dismissed. However, the court will not dismiss the case based on their arguments, as it "clearly has subject matter jurisdiction over this dispute."
Court: USDC Middle District of Tennessee , Judge: Trauger, Filed On: December 5, 2023, Case #: 3:23cv442, NOS: Insurance - Contract, Categories: Insurance, Jurisdiction, Indemnification
J. Trauger denies the defendant accountants' motion to dismiss or to transfer venue in this dispute over a company's potential tax refund and the related contingency fee, after the company determined that it did not qualify for the tax credit at issue. The accountants cite a forum selection clause, but the court concludes that at this point in the proceeding they have "failed to establish that a binding contract containing a forum selection clause was formed."
Court: USDC Middle District of Tennessee , Judge: Trauger, Filed On: December 1, 2023, Case #: 3:23cv531, NOS: Other Contract - Contract, Categories: Civil Procedure, Venue, Contract
J. Trauger denies the request for a preliminary injunction in this class action concerning the metropolitan government's sidewalk ordinance, which was found to be in violation of the Takings Clause, and the government's subsequent claims procedure for businesses seeking reimbursement. The plaintiff builders seek to enjoin the government's policy of requiring releases "in exchange for payments made to individuals and businesses" related to the ordinance. However, the parties agreed to certain revisions to the claim form, rendering the request for prospective injunctive relief "largely" moot.
Court: USDC Middle District of Tennessee , Judge: Trauger, Filed On: November 17, 2023, Case #: 3:22cv924, NOS: Other Civil Rights - Civil Rights, Categories: Constitution, Real Estate, Class Action
J. Trauger grants the dismissal motions filed by the metro defendants and the district attorney defendants in this lawsuit brought by a property owner who allegedly experienced "flooding and erosion issues" and did not receive help from the water services department in mitigating the problem. The property owner's claims for malicious prosecution, libel and intentional infliction of emotional distress should all be dismissed against the metro defendants. Also, the district attorney defendants are "immune from suit on claims against them for actions taken in their role as advocates for the state."
Court: USDC Middle District of Tennessee , Judge: Trauger, Filed On: November 16, 2023, Case #: 3:22cv936, NOS: Other Civil Rights - Civil Rights, Categories: Immunity, Defamation, Emotional Distress
J. Trauger partially grants Nissan's dismissal motion in this lawsuit concerning a certain type of transmission included in particular Nissan vehicles. The vehicle owners contend that the "continuously variable transmission" was defective. The court will dismiss the claim under the Florida Deceptive and Unfair Trade Practices Act as untimely. Also, some of the states involved "require privity between parties in order for a plaintiff to assert a claim for breach of implied warranty for economic losses," and those claims will be dismissed accordingly.
Court: USDC Middle District of Tennessee , Judge: Trauger, Filed On: November 6, 2023, Case #: 3:22cv709, NOS: Motor Vehicle Product Liability - Torts - Personal Injury, Categories: Vehicle, Product Liability, Warranty
J. Trauger denies the bar and music venue's motion in limine, as well as its motion for summary judgment, in this negligence lawsuit arising from an alleged slip and fall that resulted in a bar patron's broken arm. The bar patron's doctors "were adequately disclosed as expert treating physicians." Also, there is an issue of fact as to whether the bar had constructive knowledge of a spilled drink and the alleged "liquid on the floor."
Court: USDC Middle District of Tennessee , Judge: Trauger, Filed On: October 31, 2023, Case #: 3:21cv868, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Tort, Experts
J. Trauger grants summary judgment to the Department of Veterans Affairs in this lawsuit brought by a former employee alleging that her termination was retaliatory. The employee contends that her termination was related to her participation in an investigation of another employee's hostile work environment complaint. However, she fails to establish a prima facie case for her claim, as there is no evidence that the decision-makers "had knowledge of the plaintiff's protected activity."
Court: USDC Middle District of Tennessee , Judge: Trauger, Filed On: October 20, 2023, Case #: 3:21cv486, NOS: Employment - Civil Rights, Categories: Evidence, Employment Retaliation
J. Trauger grants the Dollar General defendants' motion to dismiss this stockholder derivative complaint asserting claims for breach of fiduciary duty and unjust enrichment against certain individual directors and executives, in connection with allegations of employee safety failures. The stockholder plaintiff should have given the board of directors an "opportunity to evaluate this proposed lawsuit" prior to bringing suit. Accordingly, he is not entitled to bring the derivative suit under Tennessee law.
Court: USDC Middle District of Tennessee , Judge: Trauger, Filed On: October 12, 2023, Case #: 3:23cv59, NOS: Stockholders’ Suits - Contract, Categories: Securities, Fiduciary Duty
J. Trauger partially grants the plaintiff church's motion for class certification in this breach of contract lawsuit against an insurance company. The church has not shown "that common issues would predominate over individual issues" for the entire proposed class, which includes 10 states. The court will accordingly certify a class for plaintiffs in four states, including Arizona, California, Illinois and Tennessee.
Court: USDC Middle District of Tennessee , Judge: Trauger, Filed On: September 22, 2023, Case #: 3:21cv764, NOS: Insurance - Contract, Categories: Insurance, Class Action
J. Trauger partially grants the employee's motion as to the issuance of "court-facilitated notice to potential plaintiffs of this collective action." The employee alleges violations of the Fair Labor Standards Act, specifically relating to the company's meal break deduction policy, and he has sufficiently presented evidence of "other similarly situated employees."
Court: USDC Middle District of Tennessee , Judge: Trauger, Filed On: September 18, 2023, Case #: 3:23cv210, NOS: Fair Labor Standards Act - Labor, Categories: Employment, Class Action, Labor
J. Trauger partially grants the equipment supplier's motion for judgment on the pleadings as to certain counterclaims brought by the independent dealer in this dispute involving a distributor sales and service agreement. Certain counterclaims are premised on the incorrect assumption that the supplier was "barred by the parties' contract from relying on other dealers in Minnesota." Accordingly, judgment is proper as to those counterclaims.
Court: USDC Middle District of Tennessee , Judge: Trauger, Filed On: September 11, 2023, Case #: 3:22cv308, NOS: Other Contract - Contract, Categories: Business Practices, Contract
J. Trauger grants the city defendants' dismissal motion in this lawsuit alleging that an individual's rights were violated during his arrest, when he was knocked to the ground and officers "used a Taser on him at least four times." The individual's Section 1983 claim is barred by the statute of limitations, as he filed the complaint more than two years "after the accrual of the cause of action." Also, he fails to show that equitable tolling is warranted.
Court: USDC Middle District of Tennessee , Judge: Trauger, Filed On: August 25, 2023, Case #: 3:23cv28, NOS: Other Civil Rights - Civil Rights, Categories: Civil Procedure, Civil Rights
J. Trauger grants the dismissal motions filed by the town and the county defendants in this lawsuit alleging that a home was damaged during the execution of an arrest warrant, specifically when cannisters of tear gas were fired into the house. The owners contend that the house had to be taken "down to the studs to repair the damage," and they now claim that they are due "just compensation" under the Fifth Amendment and Section 1983. However, the police officers' actions were "a valid use of their police power," and they did not constitute a taking under the Fifth Amendment.
Court: USDC Middle District of Tennessee , Judge: Trauger, Filed On: August 24, 2023, Case #: 3:23cv57, NOS: Other Civil Rights - Civil Rights, Categories: Constitution, Property, Damages
J. Trauger partially grants Nissan's motion to dismiss this amended class action concerning the transmission found in certain vehicles. The breach of express warranty claim will be dismissed as to one of the named plaintiffs, who fails to show that an extended warranty that he purchased "actually imposed any obligation on Nissan." The customers' unjust enrichment claim will also be dismissed, as there is no basis for it "to proceed as an alternative theory of liability."
Court: USDC Middle District of Tennessee , Judge: Trauger, Filed On: August 22, 2023, Case #: 3:22cv769, NOS: Contract Product Liability - Contract, Categories: Product Liability, Class Action