104 results for 'court:"USDC Middle District of Alabama"'.
J. Adams denies in part an elevator company’s motion for summary judgement on a deputy sheriff’s negligent elevator installation and maintenance claim in connection with a courthouse elevator stopping abruptly when the bumper stuck to the door. The deputy sheriff submitted his evidence from the expert report that the clearance of the elevator was improperly aligned at the time of incident, but not at the time of installation. The motion to exclude the expert report is denied without prejudice to raise arguments in cross-examination to present the contrary opinions.
Court: USDC Middle District of Alabama, Judge: Adams, Filed On: October 11, 2023, Case #: 3:22cv483, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: Negligence, Experts
J. Bryan grants summary judgment in favor of a freight rail company in this race discrimination claim after a freight conductor was terminated after he caused an accident on the tracks and his substance test was positive. The freight conductor argues that he was terminated on the basis he is a Caucasian male but failed to show enough evidence of being “intentionally discriminated” against.
Court: USDC Middle District of Alabama, Judge: Bryan, Filed On: September 29, 2023, Case #: 3:22cv85, NOS: Employment - Civil Rights, Categories: Employment Discrimination
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J. Thompson grants in part the customer service employees’ motion for conditional class certification in this case brought against a telemarketing company under the Fair Labor Standards Act. The court will conditionally certify the case as a collective action to include current and former customer service representatives who worked remotely and at the call center facilities in the three years preceding the filing of the complaint. A joint proposal should be presented within 14 days to the court.
Court: USDC Middle District of Alabama, Judge: Thompson, Filed On: September 29, 2023, Case #: 2:22cv20, NOS: Fair Labor Standards Act - Labor, Categories: Employment, Class Action
J. Watkins dismisses, for lack of personal jurisdiction in favor of the foreign corporation employer in an amended complaint of race discrimination claims. “When a defendant exerts a high degree of control over an entity, the contacts created by the entity are, in reality, created by the defendant.”
Court: USDC Middle District of Alabama, Judge: Watkins, Filed On: September 28, 2023, Case #: 2:22cv625, NOS: Employment - Civil Rights, Categories: Civil Rights, Jurisdiction, Employment Discrimination
J. Adams grants ASU's motion to reduce compensatory damages after a jury found in favor of the Black female professor in a gender discrimination suit and awarded her $800,000. Because 42 U.S. Code Section 1981(3) limits damages to $300,000 for employers with over 500 employees, ASU is entitled to the relief it requests.
Court: USDC Middle District of Alabama, Judge: Adams, Filed On: September 26, 2023, Case #: 2:16cv593, NOS: Employment - Civil Rights, Categories: Employment, Damages
J. Thompson denies a competitor's motion for summary judgment in a lawsuit it faces from an insurance company claiming it intentionally used their "Alfa" service mark. The competitor argues that the statute of limitations started running when the insurance company learned of their "Alpha" existence. Alabama law states that, "the statute of limitations begins to run when the cause of action accrues" with it being an affirmative defense.
Court: USDC Middle District of Alabama, Judge: Thompson, Filed On: September 26, 2023, Case #: 2:20cv553, NOS: Trademark - Property Rights, Categories: Trademark, Unfair Competition
J. Thompson finds there may still be monitoring-related issues that still need to be resolved to address Americans with Disabilities Act and Eighth Amendment claims brought by former prisoners who argued the state's correctional facilities inadequately treated ill prisoners and involuntarily medicated others. “Once the performance measures are established but before monitoring begins, the parties will be given an opportunity to raise objections to any of the proposed measures through a standard dispute resolution process: the objection must be raised first with the EMT, then via mediation, and finally with the court if still unresolved.” The parties shall work together to find and narrow down the areas of dispute in the timeline laid out.
Court: USDC Middle District of Alabama, Judge: Thompson, Filed On: September 14, 2023, Case #: 2:14cv601, NOS: Civil Rights - Habeas Corpus, Categories: Ada / Rehabilitation Act, Government
J. Marks finds in favor of the Department of Defense in a former teacher’s lawsuit claiming he was discriminated and retaliated against in violation of the Americans with Disabilities Act. The teacher states the department retaliated by not transferring him to another air base school and for requesting him to produce more evidence of the disability. “Being asked to produce additional paperwork, even if the request was unreasonable, does not constitute ‘adverse employment action’ under the ADA.”
Court: USDC Middle District of Alabama, Judge: Marks, Filed On: September 8, 2023, Case #: 2:21cv153, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Ada / Rehabilitation Act, Employment Discrimination, Employment Retaliation
J. Adams grants an individual to file an amended complaint regarding allegations of discrimination against the city’s employees allegedly asking him to leave from the library. The individual must comply with the Federal Rule of Civil Procedures when laying the complaint out, if he no longer wishes to file the amendment, he must file notice informing the court.
Court: USDC Middle District of Alabama, Judge: Adams, Filed On: September 8, 2023, Case #: 2:22cv196, NOS: Other Civil Rights - Civil Rights, Categories: Civil Procedure, Due Process, Employment Discrimination
J. Adams grants an individual to file an amended complaint regarding allegations of a hostile shopping environment, defamation and discrimination against a convenience store’s employee. The individual must comply with the Federal Rule of Civil Procedures when laying the complaint out; if he no longer wishes to file the amendment, he must file notice informing the court.
Court: USDC Middle District of Alabama, Judge: Adams, Filed On: September 8, 2023, Case #: 2:23cv192, NOS: Other Civil Rights - Civil Rights, Categories: Defamation, Due Process, Employment Discrimination
J. Adams grants an individual to file an amended complaint regarding allegations of discrimination against the city’s two armed uninformed police officers and the librarian allegedly the asked him to leave from the sidewalk in front of library. The individual must comply with the Federal Rule of Civil Procedures when laying the complaint out, if he no longer wishes to file the amendment, he must file notice informing the court.
Court: USDC Middle District of Alabama, Judge: Adams, Filed On: September 7, 2023, Case #: 2:22cv168, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Due Process
J. Huffaker denies, in part, a city's motion to dismiss an advertising company's challenging the city's rejection of its six sign applications. The company has sufficiently alleged its claims based on the First Amendment, equal protection and state law facial challenges to certain sign code.
Court: USDC Middle District of Alabama, Judge: Huffaker, Filed On: August 14, 2023, Case #: 3:22cv612, NOS: Other Civil Rights - Civil Rights, Categories: Equal Protection, First Amendment
J. Watkins awards $10,500 in costs, reduced from the requested $32,000 in costs, to the prevailing individual in an underlying action. The individual fails to justify $22,000 in charges for photocopies and, instead, is awarded only $277 for copies.
Court: USDC Middle District of Alabama, Judge: Watkins, Filed On: August 8, 2023, Case #: 2:11cv1027, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Attorney Fees