76 results for 'judge:"Trauger"'.
J. Trauger partially grants the dismissal motions in this lawsuit arising from the alleged sexual abuse of a fencing student. The complaint, which is brought by the minor fencer and her parents, fails to state a Section 1595(a) claim against USA Fencing with respect to the coach's alleged violations of the Trafficking Victims Protection Act. The negligence per se claim will also be dismissed, as to USA Fencing and the defendant fencing club.
Court: USDC Middle District of Tennessee , Judge: Trauger, Filed On: August 17, 2023, Case #: 3:22cv560, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Civil Procedure, Negligence, Emotional Distress
J. Trauger partially grants summary judgment to the defendant company and its chief executive officer in this lawsuit concerning the company's "business of helping timeshare owners get out of their timeshare obligations." The timeshare plaintiffs allege that the defendants are involved in a fraudulent scheme that encourages individuals to breach their agreements with the plaintiffs. However, their claim under Florida's Deceptive and Unfair Trade Practices Act will be dismissed, because Tennessee law applies.
Court: USDC Middle District of Tennessee , Judge: Trauger, Filed On: August 8, 2023, Case #: 3:20cv599, NOS: Other Statutory Actions - Other Suits, Categories: Trade, Consumer Law, Contract
J. Trauger grants partial summary judgment to the timeshare plaintiffs in this lawsuit concerning the defendant company's efforts to help "timeshare owners get out of their timeshare obligations." The timeshare plaintiffs contend that the defendant company is engaged in a fraudulent scheme that encourages timeshare owners to breach their agreements. They are entitled to summary judgment on the defendant company's standing argument, along with certain other affirmative defenses, which the court says are "facially without merit."
Court: USDC Middle District of Tennessee , Judge: Trauger, Filed On: August 8, 2023, Case #: 3:20cv599, NOS: Other Statutory Actions - Other Suits, Categories: Civil Procedure, Trade, Consumer Law
J. Trauger grants the delivery company's summary judgment motion in this lawsuit brought by a former delivery driver alleging discrimination based on sex and pregnancy. The company indicates that the driver's termination was due to "work performance issues," as she allegedly fell behind in her routes and required assistance from other drivers. Additionally, the former driver fails to show that the reason given by the company was pretextual.
Court: USDC Middle District of Tennessee , Judge: Trauger, Filed On: August 8, 2023, Case #: 3:21cv946, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination
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J. Trauger denies the summary judgment motion filed by the decedent's wife in this lawsuit concerning the rightful beneficiary under a life insurance policy. The plaintiff insurance company filed this complaint in interpleader, after it was unable to determine who was entitled to the death benefit. The decedent's wife was designated as the sole beneficiary, but as of the date of the complaint, the death was allegedly being investigated as a homicide and she "had not been ruled out as a suspect." There are "material factual disputes" precluding summary judgment for either party at this point.
Court: USDC Middle District of Tennessee , Judge: Trauger, Filed On: August 4, 2023, Case #: 3:20cv506, NOS: Insurance - Contract, Categories: Evidence, Insurance
J. Trauger denies the parents' request for a temporary restraining order and preliminary injunction in this suit brought under the Individuals with Disabilities Education Act. They seek to return their child, a middle-school student, to "the regular education classroom with his peers." However, forcing the student to "immediately integrate" into a general education classroom would not be preserving the status quo.
Court: USDC Middle District of Tennessee , Judge: Trauger, Filed On: July 12, 2023, Case #: 3:23cv516, NOS: Education - Civil Rights, Categories: Civil Procedure, Education
J. Trauger partially grants the defendant company's motion for summary judgment in this breach of contract lawsuit alleging that the company failed to properly pay a worker certain commissions under a verbal contract. The company is entitled to judgment on the claim that it breached the agreement by terminating the relationship and stopping commission payments in connection with a certain account.
Court: USDC Middle District of Tennessee , Judge: Trauger, Filed On: May 24, 2023, Case #: 3:22cv158, NOS: Other Contract - Contract, Categories: Employment, Contract