99 results for 'court:"USDC Eastern District of Tennessee "'.
J. Greer grants summary judgment to the New Hampshire Insurance Department as to the claims arising from its fertility treatment mandate in this action brought under the Employee Retirement Income Security Act. Also, there is a question of law relating to the state's unfair insurance practices law, and the parties are ordered to file a proposed briefing schedule as to that issue.
Court: USDC Eastern District of Tennessee , Judge: Greer, Filed On: September 18, 2023, Case #: 1:21cv271, NOS: Other Statutory Actions - Other Suits, Categories: Erisa, Health Care, Insurance
J. McDonough denies the plaintiff horse trainer's motion for a preliminary injunction in this case concerning the enforcement of the Horse Protection Act, after the U.S. Department of Agriculture allegedly filed two administrative complaints against him. The horse trainer contends that the USDA's administrative proceedings are unconstitutional, but he fails to establish a likelihood of success on the merits. Additionally, he has not shown that he will suffer irreparable harm.
Court: USDC Eastern District of Tennessee , Judge: McDonough, Filed On: September 13, 2023, Case #: 4:23cv24, NOS: Constitutionality of State Statutes - Other Suits, Categories: Administrative Law, Agriculture, Animal Cruelty
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
J. Greer grants the Pride festival plaintiffs' motion for a temporary restraining order in this lawsuit alleging violations of their rights under Section 1983, in connection with the potential enforcement of the Adult Entertainment Act. The plaintiffs, which include the festival organizer and a drag performer, have established standing and a likelihood of success on the merits.
Court: USDC Eastern District of Tennessee , Judge: Greer, Filed On: September 1, 2023, Case #: 3:23cv316, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Lgbtq
J. Lee finds that there was spoliation of evidence in this personal injury lawsuit alleging that an apartment tenant was burned due to the temperature of the water in the bathtub, after a repairman had worked on the hot water heater. Specifically, the "rotational limit stop" device on the faucet was adjusted after the alleged burn incident, without the defendant company's "knowledge or presence." However, the proposed sanctions "all go too far." Accordingly, the parties should confer and propose a limiting jury instruction.
Court: USDC Eastern District of Tennessee , Judge: Lee, Filed On: August 28, 2023, Case #: 1:22cv273, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Evidence, Landlord Tenant, Negligence
J. Corker partially grants the dismissal motions filed in this lawsuit alleging that the pro se plaintiff is the target of "an ongoing conspiracy between defendants" to defame and extort him. The plaintiff, a content publisher who "claims to reside in Minnesota," fails to establish that venue is proper in the Eastern District of Tennessee. The court notes that dismissal is without prejudice.
Court: USDC Eastern District of Tennessee , Judge: Corker, Filed On: August 25, 2023, Case #: 2:23cv11, NOS: Other Civil Rights - Civil Rights, Categories: Civil Procedure, Civil Rights, Venue
J. Corker partially adopts the recommendation of the magistrate judge in this pro se lawsuit, specifically as to the finding that the court lacks the authority to grant the individual's "requested injunctive relief." The litigant allegedly seeks to enjoin the enforcement of a civil stalking protection order, but the Anti-Injunction Act bars the court "from enjoining those enforcement proceedings." Also, the exceptions do not apply.
Court: USDC Eastern District of Tennessee , Judge: Corker, Filed On: August 25, 2023, Case #: 2:23cv11, NOS: Other Civil Rights - Civil Rights, Categories: Civil Procedure, Restraining Order
J. Corker grants the city's motion for summary judgment in this lawsuit arising from a fatal shooting at an apartment complex, where a city police officer was "investigating a hit and run." The officer allegedly shot an individual following a struggle, and the decedent's estate now asserts claims for excessive force and municipal liability. However, the estate fails to establish the city's liability under a failure-to-train theory or a ratification theory.
Court: USDC Eastern District of Tennessee , Judge: Corker, Filed On: August 15, 2023, Case #: 3:20cv387, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Wrongful Death
J. McCook enters a protective order to govern the disclosure of confidential information and other materials produced during discovery. The parties can label any discovery as confidential, if they reasonably determine it to be "sensitive, nonpublic material, which if disclosed would cause a serious, defined harm to the producing party."
Court: USDC Eastern District of Tennessee , Judge: McCook, Filed On: August 10, 2023, Case #: 3:23cv177, NOS: Other Contract - Contract, Categories: Discovery, Contract
J. Varlan grants the state and federal defendants' motions to dismiss this pro se lawsuit alleging that they "failed to discontinue the use of electronic voting machines," which the individual plaintiffs contend are "easily able to be accessed." The plaintiffs seek injunctive relief to prevent the use of "any electronic voting equipment or method" in the state, along with a recount of the 2020 elections. However, they fail to establish a particularized injury, instead claiming it is "highly likely" that some machines were "connected to the Internet or transmitted data that manipulated votes." Accordingly, they lack standing, and the court lacks jurisdiction.
Court: USDC Eastern District of Tennessee , Judge: Varlan, Filed On: August 3, 2023, Case #: 3:22cv370, NOS: Voting - Civil Rights, Categories: Civil Procedure, Elections, Jurisdiction
J. Poplin partially grants the defendant companies' consolidated dismissal motion in this lawsuit alleging breach of contract and promissory fraud in relation to a disputed business agreement. The plaintiff paper supplier indicates that it expected to be the defendant companies' sole supplier. However, there was no "fully integrated written agreement," and the purchase orders at issue "do not evidence an exclusivity agreement." Accordingly, the contract claim is dismissed. Also, the court lacks personal jurisdiction over the parent company, which is incorporated and based in Mexico.
Court: USDC Eastern District of Tennessee , Judge: Poplin, Filed On: August 1, 2023, Case #: 3:22cv459, NOS: Other Contract - Contract, Categories: Fraud, Jurisdiction, Contract
J. McDonough grants the sports bar defendants' motion for reconsideration and partially grants their motion for sanctions, which seeks the exclusion of certain documents for the "alleged failure to timely disclose this evidence." The court also grants partial summary judgment in favor of the promoter, as to the issue of liability for copyright infringement in this dispute involving the broadcast of a boxing match.
Court: USDC Eastern District of Tennessee , Judge: McDonough, Filed On: July 25, 2023, Case #: 3:20cv382, NOS: Cable/Sat TV - Other Suits, Categories: Copyright, Evidence, Sanctions
J. Corker partially grants the defendant companies' dismissal motion in this lawsuit involving a government contract for a residential compound in Somalia. The plaintiff company brings claims for breach of contract and tortious interference with a contract, after the prime contractor allegedly contracted with another company "to provide the residential services." The breach of contract claim is dismissed "as to the confidentiality provision in Article 14 of the MSA."
Court: USDC Eastern District of Tennessee , Judge: Corker, Filed On: July 20, 2023, Case #: 3:21cv178, NOS: Other Contract - Contract, Categories: Interference With Contract, Contract
J. Corker partially grants the plaintiff company's motion for summary judgment in this lawsuit concerning the use of a "rebuttable presumption" of social disadvantage for certain minority groups in determining access to "a federal program that awards government contracts on a preferred basis to businesses owned by individuals in those minority groups." The plaintiff small business has standing, and the government defendants have not shown "a compelling interest for their use of the rebuttable presumption," or that the presumption is "narrowly tailored." Accordingly, the court enjoins use of the rebuttable presumption in the Small Business Administration's 8(a) program.
Court: USDC Eastern District of Tennessee , Judge: Corker, Filed On: July 19, 2023, Case #: 2:20cv41, NOS: Other Civil Rights - Civil Rights, Categories: Constitution, Government, Equal Protection
J. Atchley partially grants the summary judgment motion filed by the arresting officer in this lawsuit alleging wrongful detention and false arrest based on an incident in the parking lot of a YMCA, in which the driver allegedly parked in "the wheelchair loading zone of a handicap-designated parking spot." The driver's Fourth Amendment claims are dismissed based on the officer's qualified immunity, but his claim for fabrication of evidence may proceed to discovery.
Court: USDC Eastern District of Tennessee , Judge: Atchley, Filed On: July 19, 2023, Case #: 2:22cv5, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Evidence, Immunity
J. Varlan grants summary judgment to the U.S. government in this case concerning certain federal tax liens and "the proceeds from the sale of real property." The tax liens against the decedent "remain in force" and encumber the property at issue, despite its transfer to a construction company. Further, the argument that the lien was "conclusively extinguished" is unavailing, and the defendant construction company "did not obtain priority over plaintiff's interest in the Real Property."
Court: USDC Eastern District of Tennessee , Judge: Varlan, Filed On: June 29, 2023, Case #: 4:21cv51, NOS: Foreclosure - Real Property, Categories: Property, Tax, Foreclosure
J. Greer denies the Tennessee insurance company's motion for partial summary judgment in this lawsuit concerning coverage for fertility treatments, which the group health insurance plans at issue exclude. Because New Hampshire has a "fertility mandate" requiring coverage, the state's insurance department issued a show cause order after learning that the company had allegedly denied coverage for a New Hampshire resident participating in one of the plans. The insurance company seeks to enjoin the order, but New Hampshire has the "authority to regulate the business of insurance within its borders."
Court: USDC Eastern District of Tennessee , Judge: Greer, Filed On: June 26, 2023, Case #: 1:21cv271, NOS: Other Statutory Actions - Other Suits, Categories: Erisa, Insurance
[Consolidated.] J. Atchley partially grants the Kia defendants' motions to exclude certain expert testimony in this product liability action stemming from a fatal car collision. "Without the inadmissible evidence proffered by plaintiffs' experts," the car manufacturers are also entitled to summary judgment, and the case is dismissed accordingly.
Court: USDC Eastern District of Tennessee , Judge: Atchley, Filed On: June 23, 2023, Case #: 4:16cv117, NOS: Motor Vehicle Product Liability - Torts - Personal Injury, Categories: Vehicle, Product Liability, Experts
J. Crytzer grants the Unum defendants' motion for judgment on the record in this suit brought by an individual under the Employee Retirement Income Security Act, following his back injury that he suffered at work. The Unum defendants' decision to stop providing certain disability benefits was based on "a deliberate, principled reasoning process." Accordingly, the case will be dismissed.
Court: USDC Eastern District of Tennessee , Judge: Crytzer, Filed On: June 23, 2023, Case #: 1:20cv318, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Employment, Erisa
J. Corker strikes the first nine claims of the individual's amended complaint, as they fail to comply with the court's express order prohibiting him "from relitigating matters already decided by the Court." The pro se plaintiff's remaining claims, which are directed against an attorney and a law firm, are dismissed based on a lack of subject matter jurisdiction.
Court: USDC Eastern District of Tennessee , Judge: Corker, Filed On: June 20, 2023, Case #: 1:22cv264, NOS: Other Contract - Contract, Categories: Civil Procedure, Jurisdiction