134 results for 'court:"USDC Northern District of Alabama "'.
J. Axon denies an insurer���s efforts to obtain a judgment indicating it does not owe a duty to defend or indemnify for an oil company���s transportation pollution endorsement and general liability insurance claim. The insurer argues the oil company���s former president is excluded from the policy because he was not an executive officer and that the court needs to define the action which would exclude coverage. The duty to indemnify claim is unripe because there is no judgement yet and one may never exist.
Court: USDC Northern District of Alabama , Judge: Axon, Filed On: December 22, 2023, Case #: 7:22cv791, NOS: Insurance - Contract, Categories: Energy, Insurance, Indemnification
J. Proctor grants three police officers' motion for summary judgment on the civilian's false arrest claim alleging that the officers racially profiled him and had no reason to arrest him when he was watering flowers for a neighbor. The civilian refused to properly identify himself, prompting the officers to legally arrest him for obstruction, so the officers are entitled to state agent immunity.
Court: USDC Northern District of Alabama , Judge: Proctor, Filed On: December 21, 2023, Case #: 1:22cv1165, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Immunity, Police Misconduct
J. Coogler certifies a class of people who were minors when they were filmed or photographed, then uploaded to a host of porn websites, including Pornhub. The parties need to meet, confer and submit a plan for the class portion of the lawsuit will proceed.
Court: USDC Northern District of Alabama , Judge: Coogler, Filed On: December 19, 2023, Case #: 7:21cv220, NOS: Other Statutory Actions - Other Suits, Categories: Tort, Class Action
[Consolidated.] J. Haikala grants, in part, the county commission and its individual commissioners��� motions to dismiss claims brought by group of voters alleging the redistricting plan constitutes racial gerrymandering. The commissioners argue they should be dismissed in their official capacities because ���local government units can be sued directly.��� Therefore, the commissioners in their official capacities are dismissed because a jury could find the action redundant and confusing. The voters��� motion for preliminary injunction is denied and the claims against the commission will proceed. The parties are ordered to meet and confer before the scheduling conference.
Court: USDC Northern District of Alabama , Judge: Haikala, Filed On: December 19, 2023, Case #: 2:23cv443, NOS: Voting - Civil Rights, Categories: Civil Rights, Elections, Government
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J. Carney-Axon grants, in part, a sheriff���s motion to dismiss this civil rights case brought by a bingo hall alleging arbitrary and capricious fees were imposed on electronic gaming operations. In certain Alabama counties, voters approved the operation of nonprofit bingo halls by constitutional amendment, and allowed the sheriff���s department to collect an assessment fee. The court directs the bingo hall to file a second amended complaint on its equal protection and unlawful taking claims.
Court: USDC Northern District of Alabama , Judge: Carney-Axon, Filed On: December 13, 2023, Case #: 7:23cv1297, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Constitution, Due Process
J. Coogler grants, in part, cross motions for summary judgment in this Employee Retirement Income Security Act dispute against United Mine Workers by a coal miner who was injured in two accidents that were both work-related. The miner challenges the denial of his disability pension claim and seeks statutory penalties for a failure to provide in a timely manner. The trustee failed to provide ���full and fair review��� during the determination of disability benefits under the plan. The miner failed to properly name the party whom the penalty may be imposed. The denial of his claim is granted as to the miner and denied for the trustee; statutory penalties against the miner are denied, but granted as to the trustee.
Court: USDC Northern District of Alabama , Judge: Coogler, Filed On: December 6, 2023, Case #: 6:22cv1056, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Erisa, Pensions, Tort
J. Coogler dismisses, in part, a University of Alabama football player���s defamation and false light claims against the New York Times alleging he was involved in a shooting. The headline read, ���A Fourth Alabama Player Was at a Deadly Shooting, in a Car Hit by Bullets.��� The football player plausibly alleged false statements were in fact capable of contempt and public ridicule since he was a star player. He failed to prove any facts that the article was published with actual malice. The false light claim is dismissed and the defamation claim survives the motion.
Court: USDC Northern District of Alabama , Judge: Coogler, Filed On: December 6, 2023, Case #: 7:23cv692, NOS: Assault, Libel, & Slander - Torts - Personal Injury, Categories: Defamation, False Claims
J. Coogler grants the United States��� motion to dismiss a son���s civil rights action on behalf of his deceased mother���s estate, alleging that she died while incarcerated due to deliberate indifference to her medical needs. The court partially grants the individual medical and prison officials��� motion to dismiss all claims but the deliberate indifference to medical needs claim. It is not clear if the clear medical records appeared in the doctor���s files on the decedent. The son is granted leave to file an amended complaint as to the remaining officials and medical staff.
Court: USDC Northern District of Alabama , Judge: Coogler, Filed On: December 5, 2023, Case #: 7:20cv383, NOS: Other Civil Rights - Civil Rights, Categories: Wrongful Death, Medical Malpractice
J. Conrad dismisses without prejudice, for lack of subject matter jurisdiction, a hospice company���s challenge to the denial of its tax refund and its right to challenge taxpayer status concerning the Federal Unemployment Tax Act. Hope Hospice does not allege the refunds were accompanied by an indication in the amended complaint that they were issued in response to the communications and allege the refunds were attributable. They also failed to request jurisdictional discovery in the responsive briefing.
Court: USDC Northern District of Alabama , Judge: Cornelius, Filed On: December 1, 2023, Case #: 2:22cv1365, NOS: Taxes (U.S. Plaintiff or Defendant) - Federal Tax Suits, Categories: Tax, Jurisdiction, Discovery
J. England grants, in part, a medical office and physician���s motion to dismiss a patient���s Americans with Disabilities Act amended complaint. The ADA and Rehabilitation Act, Equitable Telehealth Access and medical malpractice claims are almost identical to the original complaint and are denied. He failed to state a claim for intentional infliction of emotion distress and is dismissed with prejudice. The Court denies the patient���s motion for injunctive relief and her summary judgment is denied without prejudice. The medical office and physician are to answer the amended complaint and the parties shall file their report with the court.
Court: USDC Northern District of Alabama , Judge: England, Filed On: November 30, 2023, Case #: 2:23cv416, NOS: Amer w/Disabilities - Other - Civil Rights, Categories: Ada / Rehabilitation Act, Remedies, Medical Malpractice
J. Cooger denies the homeowners��� motion to remand in this lawsuit alleging breach of contract in relation to an insurance claim for property damage. The insurance agency���s motion to dismiss is granted for the lack of stating a bad faith claim. The homeowners��� have 20 days to amend the complaint against the insurer.
Court: USDC Northern District of Alabama , Judge: Cooger, Filed On: November 27, 2023, Case #: 7:23cv1193, NOS: Insurance - Contract, Categories: Insurance
J. Burke grants summary judgment and denies as moot an insurer���s motion to strike expert testimony in a homeowner���s hailstorm damage dispute. The insurer argues the homeowner had cancelled his policy before the damage occurred and the claim was properly denied. The expert was from AccuWeather, and his reports are relevant to the case but there was no evidence to change the decision for summary judgment. This case shall be dismissed without prejudice.
Court: USDC Northern District of Alabama , Judge: Burke, Filed On: November 20, 2023, Case #: 5:22cv289, NOS: Insurance - Contract, Categories: Insurance, Experts
J. Smith grants an assistant principal and athletic director���s individual motions to dismiss in this due process and equal protection rights lawsuit after a girl was attacked by another student on the school bus. Her parent alleges the child was grabbed and pushed back into a seat, forcing her head into the seat and punched in the face by the assistant principal after child bit him on the arm; the parent also asserts both the assistant principal and athletic director deprived her minor of her rights. The assistant principal says he was protecting himself when bitten by the girl, so the court dismisses the excessive corporal punishment claim. The parent failed to state a procedural due process rights violation claim.
Court: USDC Northern District of Alabama , Judge: Smith, Filed On: November 15, 2023, Case #: 5:23cv360, NOS: Education - Civil Rights, Categories: Education, Negligence, Due Process
J. Carney-Axon denies the insurers��� motion for summary judgment and motion for reconsideration for this vehicle accident lawsuit. The allegations in the state court are unclear who is the owner of the involved vehicle, this construing in favor of the coverage. The insurers would have no duty to cover, under the insured���s commercial lines policy, if the driver was driving her own vehicle.
Court: USDC Northern District of Alabama , Judge: Carney-Axon, Filed On: November 13, 2023, Case #: 2:22cv1236, NOS: Insurance - Contract, Categories: Insurance, Vehicle
J. Carney-Axon grants, in part, motion to dismiss for failure to state a claim in this lawsuit brought by a citizen on allegations of governmental misconduct against the department of revenue, an auditor and the district attorney. The citizen alleges after he was a witness in another case involving his son, the department initiated an audit of his taxes, which was governmental conspiracy of retaliation. The citizen failed to state a plausible claim against the state and district attorney that the claims were in fact due to his son���s case. The citizen must show cause on why the auditor���s motion to dismiss should not be dismissed.
Court: USDC Northern District of Alabama , Judge: Carney-Axon, Filed On: November 8, 2023, Case #: 2:23cv1116, NOS: Other Civil Rights - Civil Rights, Categories: Tax
J. Proctor grants a group home���s motion for summary judgment on Rehabilitation Act, Fair Housing Act, Americans with Disabilities Act, negligence and other claims brought by a mentally disabled resident alleging he was abused and neglected. The resident fails to establish a prima facie case for his retaliation claim under the Rehabilitation Act. All other claims are to be denied.
Court: USDC Northern District of Alabama , Judge: Proctor, Filed On: November 7, 2023, Case #: 7:21cv308, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Ada / Rehabilitation Act, Negligence, Housing
J. Proctor denies a couple���s motion for partial summary judgment in this lawsuit over flooding on their property caused by drainage from a steel company���s property for trespass and nuisance. The court grants, in part, summary judgment to the steel company on the couple���s injunction claim. The couple stated in the first amended complaint the injunction as a separate claim, however, ���an injunction is a remedy, not a separate claim or cause of action.��� All other claims are denied.
Court: USDC Northern District of Alabama , Judge: Proctor, Filed On: November 3, 2023, Case #: 2:18cv1693, NOS: Torts to Land - Real Property, Categories: Property, Negligence, Injunction
J. Proctor grants in part a correctional institute, correctional officers and supervisors four motions to dismiss supervisory liability and excessive force claims brought by a mother who alleges her son wrongfully died when correctional officers struck him repeatedly in the face and head during an altercation with another inmate at the Donaldson Correctional Facility. The mother failed to plead a plausible claim of supervisory liability against the Alabama Department of Corrections and three supervisors from the Investigation and Intelligence Division. The mother properly plead a plausible claim supervisory liability against the Donaldson supervisors, who have not proved they are entitled qualified immunity. Therefore, all other motions to dismiss are denied.
Court: USDC Northern District of Alabama , Judge: Proctor, Filed On: November 2, 2023, Case #: 2:20cv499, NOS: Other Civil Rights - Civil Rights, Categories: Negligence, Wrongful Death, Prisoners' Rights
J. Carney-Axon grants summary judgment as to all claims in favor of two manufacturing companies in a dispute arising after a fire that halted production of magnesium cross-car beams used by Mercedes-Benz. ���Alabama law generally bars double recoveries, and, although a party is entitled to full compensation for his injuries, he can gain but one satisfaction.��� Both companies have been compensated for the alleged damages but have not carried the burden of fully mitigated damages. The court denies Mercedes-Benz���s request for cost and attorney fees for failing to brief why they were entitled to these fees. The insurer���s motion for partial summary judgment is denied as moot for availability of a force majeure affirmative defense as to the two manufacturing companies. ���An affirmative defense is relevant only if a party prevails on liability,��� the court will enter judgment for all claims.
Court: USDC Northern District of Alabama , Judge: Carney-Axon, Filed On: October 25, 2023, Case #: 7:22cv257, NOS: Other Contract - Contract, Categories: Insurance, Contract, Attorney Discipline
J. Burke dismisses with prejudice an individual���s motions to proceed in forma pauperis for a breach of contract against a credit union. The individual states he is entitled to special treatment because he is a Moorish national, ���[t]he law is clear that Moorish Americans, like all citizens of the United States, are subject to the laws of the jurisdiction in which they reside.��� The claims are found to be frivolousness, he failed to state a claim, and the court lacks subject matter jurisdiction.
Court: USDC Northern District of Alabama , Judge: Burke, Filed On: October 25, 2023, Case #: 3:23cv1241, NOS: Other Contract - Contract, Categories: Jurisdiction, Contract
J. Coogler denies a private school���s motion to remand for lack of subject matter jurisdiction. The court realigns from this point forward to change an individual defendant into a plaintiff in this suit, which involves the individual making class claims that the school misused her personal information. The realignment establishes complete diversity of citizenship, leaving the court with subject matter jurisdiction.
Court: USDC Northern District of Alabama , Judge: Coogler, Filed On: October 17, 2023, Case #: 7:23cv817, NOS: Insurance - Contract, Categories: Education, Insurance, Jurisdiction