105 results for 'court:"USDC Western District of Tennessee "'.
J. Lipman approves the proposed settlement in this antitrust case alleging that the Varsity defendants "maintained monopoly power" in the all-star cheerleading market. The court finds the settlement to be "fair, reasonable and adequate, and in the best interest of the Settlement Classes." The direct purchaser plaintiffs' motion for attorney fees will also be granted.
Court: USDC Western District of Tennessee , Judge: Lipman, Filed On: October 4, 2023, Case #: 2:20cv2600, NOS: Antitrust - Other Suits, Categories: Antitrust, Settlements, Attorney Fees
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J. Norris declares that the plaintiff city will continue to treat the wastewater from the defendant sewer district until the district "is able to complete all necessary construction to begin operations and route wastewater to an alternative treatment facility." Additionally, the court declares that the district will have eight years to complete the construction on the alternative treatment facility. The district is also required to provide an estimated construction schedule, along with periodic updates on its progress.
Court: USDC Western District of Tennessee , Judge: Norris, Filed On: September 22, 2023, Case #: 2:19cv2864, NOS: Other Contract - Contract, Categories: Environment, Contract
J. Anderson finds that the individual plaintiffs have not shown that they are similarly situated for purposes of a collective action under the Fair Labor Standards Act. They will be allowed to submit "additional briefing on the decertification issues," however, in their suit over overtime pay.
Court: USDC Western District of Tennessee , Judge: Anderson, Filed On: September 20, 2023, Case #: 1:19cv1106, NOS: Fair Labor Standards Act - Labor, Categories: Employment, Class Action, Labor
J. Breen partially grants the defendant insurance group's motion and dismisses Count 5 of this complaint with prejudice. The Unlawful Insurance Act does not apply to the defendant, as it "only applies to insureds." Also, the plaintiff steakhouse and its counsel must show cause "why they should not be sanctioned for misleading the court."
Court: USDC Western District of Tennessee , Judge: Breen, Filed On: September 19, 2023, Case #: 1:23cv2191, NOS: Insurance - Contract, Categories: Civil Procedure, Insurance, Sanctions
J. Breen affirms an order of the magistrate judge excluding the proposed expert opinion in this lawsuit alleging violations of an individual's constitutional rights against a correctional facility. The individual contends that the facility failed to protect him from assault "by other inmates, many of whom were gang members, during his incarceration." The magistrate judge found that the individual's proposed expert report does not include the methodology or principles used, however, and the individual fails to show that the magistrate judge's decision was clearly erroneous.
Court: USDC Western District of Tennessee , Judge: Breen, Filed On: September 11, 2023, Case #: 1:22cv2540, NOS: Other Civil Rights - Civil Rights, Categories: Civil Procedure, Civil Rights, Experts
J. McCalla grants the defendant company's motion for attorney fees in this patent infringement lawsuit related to a certain video surveillance system. The case was dismissed, and the dismissal was affirmed on appeal. "[A]n exceptional case determination" is appropriate, based in part on the plaintiff company's "pattern of litigation" and the weakness of the case.
Court: USDC Western District of Tennessee , Judge: McCalla, Filed On: September 8, 2023, Case #: 2:20cv2766, NOS: Patent - Property Rights, Categories: Civil Procedure, Patent, Attorney Fees
J. Cain awards more than $2 million, including attorney fees, to a Louisiana church after finding that its insurer acted in bad faith in its adjustment of a hurricane damage claim. Most of the insurer���s expert's report is "not credible" and the court gives very little weight to her opinions and assessment of damages. It is ���incredible��� that the insurer���s expert would not be able to report the correct wind speeds for Hurricane Laura ���almost three years post-storm considering the abundance and ease of finding that information.���
Court: USDC Western District of Tennessee , Judge: Cain, Filed On: September 8, 2023, Case #: 2:21cv4014, NOS: Insurance - Contract, Categories: Insurance, Damages, Experts
J. Mays grants the defendant company's dismissal motion in this lawsuit brought by an individual under the Fair Debt Collection Practices Act. The individual plaintiff fails to establish standing, as she has not shown that she suffered an emotional injury or that the company "made a definite promise of a payment plan and violated that promise." Accordingly, the complaint is dismissed for lack of jurisdiction, though the individual plaintiff is granted leave to amend.
Court: USDC Western District of Tennessee , Judge: Mays, Filed On: September 7, 2023, Case #: 2:22cv2656, NOS: Consumer Credit - Other Suits, Categories: Debt Collection, Consumer Law, Jurisdiction
J. Lipman grants the indirect purchasers' motion to reconsider certain rulings in this putative class action alleging that the defendant cheerleading company charged "artificially inflated prices for goods and services, including enrollment in cheer competitions." On reconsideration, the court again dismisses their Tennessee Trade Practices Act claims "as to the Camp and Competition markets."
Court: USDC Western District of Tennessee , Judge: Lipman, Filed On: August 31, 2023, Case #: 2:20cv2892, NOS: Antitrust - Other Suits, Categories: Antitrust, Class Action
J. Lipman grants a motion to intervene filed by the State of Arkansas in this consolidated class action alleging that Family Dollar negligently sold products that had been "contaminated by a rodent infestation." The allegations pertain to a distribution center located in West Memphis, Arkansas, and the state's motion to intervene is timely. Also, the state has a legal interest in the case, specifically as to enforcement of the Arkansas Deceptive Trade Practices Act.
Court: USDC Western District of Tennessee , Judge: Lipman, Filed On: August 30, 2023, Case #: 2:22cv2138, NOS: Other Fraud - Torts - Personal Property, Categories: Trade, Negligence, Class Action
J. Mays grants the defendant company's motion for partial summary judgment in this personal injury case allegedly involving a forklift at defendant's warehouse. The courier's claim for punitive damages will be dismissed, as there was no evidence that the company or its employee, the forklift driver, "acted recklessly."
Court: USDC Western District of Tennessee , Judge: Mays, Filed On: August 15, 2023, Case #: 2:22cv2190, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Tort, Damages
J. Fowlkes adopts the recommendation of the magistrate judge and grants the transportation defendants' three dispositive motions in this lawsuit brought by a former bus driver, who was allegedly terminated following a traffic accident and now asserts claims for age and gender discrimination. The driver's claims are dismissed against the supervisor, because the cited statutes "do not allow for individual liability." Additionally, the driver fails to establish a prima facie case of discrimination.
Court: USDC Western District of Tennessee , Judge: Fowlkes, Filed On: August 10, 2023, Case #: 2:22cv2069, NOS: Employment - Civil Rights, Categories: Civil Procedure, Employment Discrimination
J. Parker adopts the magistrate judge's recommendation and dismisses the individual's claims against the fire department and the lieutenant with prejudice. The pro se plaintiff contends that he was arrested and transported to "a mental health institution" following a conversation outside a fire station. His claims stemming from the incident include "defamation in retaliation of free speech," but he fails to establish the court's subject matter jurisdiction or adequately state a claim for relief.
Court: USDC Western District of Tennessee , Judge: Parker, Filed On: August 1, 2023, Case #: 2:22cv2651, NOS: Other Civil Rights - Civil Rights, Categories: Civil Procedure, Civil Rights, Defamation
J. Breen denies the defendant insurance company's motion to exclude certain expert testimony in this breach of contract case involving a home fire. The court notes that the company's arguments speak to "the accuracy of the conclusions, not to the reliability of the testimony." The expert, who is an insurance consultant and property adjuster, inspected the property and "conducted a 3-D scan of the dwelling."
Court: USDC Western District of Tennessee , Judge: Breen, Filed On: July 20, 2023, Case #: 1:22cv1079, NOS: Insurance - Contract, Categories: Evidence, Insurance, Experts
J. Breen denies the pro se plaintiff's motion to alter or amend the judgment in this case pursuant to Rule 59(e). The judgment dismissed his civil rights complaint, which arose from certain "petitions to establish paternity and various child support orders." The individual plaintiff failed to object to certain findings in the magistrate judge's report. Also, certain claims are barred under the Rooker-Feldman doctrine, and others are barred by immunity.
Court: USDC Western District of Tennessee , Judge: Breen, Filed On: July 17, 2023, Case #: 1:22cv1103, NOS: Other Civil Rights - Civil Rights, Categories: Civil Procedure, Civil Rights, Immunity
J. Fowlkes denies the defendant supplier's motion to stay and refer the matter to the Surface Transportation Board for resolution of certain questions. The case concerns a "complex commercial dispute between three parties, each representing a different step in the railroad supply chain." The plaintiff railroad contends that the defendants are liable for certain "unpaid demurrage charges." Referral to the board would be premature at this point, as the questions at issue involve "facts not established in the record."
Court: USDC Western District of Tennessee , Judge: Fowlkes, Filed On: July 11, 2023, Case #: 2:22cv2525, NOS: Other Statutory Actions - Other Suits, Categories: Civil Procedure, Transportation
J. Mays denies without prejudice a motion for approval of a collective action settlement in this case brought by a delivery driver under the Fair Labor Standards Act. The motion is unopposed, but the settlement agreement lacks a valid form of opting-in for other potential plaintiffs. Accordingly, that defect must be remedied. Additionally, dismissal is not appropriate until "all parties have opted-in."
Court: USDC Western District of Tennessee , Judge: Mays, Filed On: July 7, 2023, Case #: 2:21cv2200, NOS: Fair Labor Standards Act - Labor, Categories: Class Action, Labor