190 results for 'court:"USDC Middle District of Tennessee "'.
J. Trauger denies the air conditioning company's motion to compel arbitration but grants its motion for leave to amend its answer and assert a counterclaim in this negligence lawsuit stemming from the installation of an HVAC unit. The proposed amendment was not "unduly delayed," and the court does not see the possibility of prejudice. As to arbitration, there is a fact issue as to whether the customer had notice of the provision.
Court: USDC Middle District of Tennessee , Judge: Trauger, Filed On: December 21, 2023, Case #: 3:23cv642, NOS: Property Damage Product Liability - Torts - Personal Property, Categories: Arbitration, Civil Procedure, Negligence
J. Campbell denies the defendant company's motion for summary judgment in this lawsuit brought by a former district manager who alleges that she was subjected to a hostile work environment, sex discrimination and retaliation, as well as age discrimination, during her employment. The former employee argues that she was constructively discharged from her job, which constitutes an adverse employment action. She also alleges that she was replaced by a male employee, and there is an issue of fact regarding "the age of the employee who replaced her."
Court: USDC Middle District of Tennessee , Judge: Campbell, Filed On: December 14, 2023, Case #: 3:22cv544, NOS: Employment - Civil Rights, Categories: Employment Discrimination, Employment Retaliation
J. Richardson grants the individual plaintiff's motion to abstain and motion to strike in connection with two breach of contract claims, following remand from the Sixth Circuit. The court finds that there are exceptional circumstances and determines that "the reasons for declining jurisdiction significantly outweigh the interests in exercising jurisdiction." Accordingly, the court will not exercise supplemental jurisdiction over the two state-law contract claims at issue.
Court: USDC Middle District of Tennessee , Judge: Richardson, Filed On: December 14, 2023, Case #: 3:20cv924, NOS: Employment - Civil Rights, Categories: Civil Procedure, Jurisdiction, Contract
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J. Richardson dismisses the former employee's complaint against his former employer alleging retaliatory discharge under the Tennessee Public Protection Act and religious discrimination under Title VII, as well as other counts, based on his alleged termination during the Covid-19 pandemic in 2020. The court concludes that the employee's amended complaint fails to meet certain pleading standards.
Court: USDC Middle District of Tennessee , Judge: Richardson, Filed On: December 13, 2023, Case #: 3:21cv923, NOS: Employment - Civil Rights, Categories: Civil Rights, Employment Discrimination, Employment Retaliation
J. Richardson grants the defendant magazine publisher's dismissal motion in this breach of contract lawsuit alleging that he breached a distributorship agreement by publishing a "direct competitor" of the plaintiff company. The plaintiff company's complaint fails to adequately state a claim on which relief could be granted, as the agreement's non-competition provision is unenforceable. Also, the complaint fails to establish a claim for alleged "infringement."
Court: USDC Middle District of Tennessee , Judge: Richardson, Filed On: December 8, 2023, Case #: 3:23cv395, NOS: Negotiable Instrument - Contract, Categories: Civil Procedure, Contract
J. Trauger denies the Doe defendants' dismissal motion in this declaratory judgment action brought by an insurance company, "seeking a declaration that it has no duty to defend" a fencing coach and his fencing club in the underlying lawsuit. The Doe defendants, which allegedly include a former fencing student and her parents, contend that there is no actual controversy with regard to the duty to defend, or alternatively, that the claims against them should be dismissed. However, the court will not dismiss the case based on their arguments, as it "clearly has subject matter jurisdiction over this dispute."
Court: USDC Middle District of Tennessee , Judge: Trauger, Filed On: December 5, 2023, Case #: 3:23cv442, NOS: Insurance - Contract, Categories: Insurance, Jurisdiction, Indemnification
J. Trauger denies the defendant accountants' motion to dismiss or to transfer venue in this dispute over a company's potential tax refund and the related contingency fee, after the company determined that it did not qualify for the tax credit at issue. The accountants cite a forum selection clause, but the court concludes that at this point in the proceeding they have "failed to establish that a binding contract containing a forum selection clause was formed."
Court: USDC Middle District of Tennessee , Judge: Trauger, Filed On: December 1, 2023, Case #: 3:23cv531, NOS: Other Contract - Contract, Categories: Civil Procedure, Venue, Contract
J. Richardson denies the waste management defendants' dismissal motion in this lawsuit brought by the City of Murfreesboro, Tennessee, over the alleged mismanagement of a landfill. The complaint sufficiently alleges a "compensable injury or loss" to support the city's negligence claim.
Court: USDC Middle District of Tennessee , Judge: Richardson, Filed On: November 28, 2023, Case #: 3:22cv605, NOS: Torts to Land - Real Property, Categories: Civil Procedure, Environment, Negligence
J. Richardson dismisses an individual's lawsuit asserting Section 1983 claims against the Town of Smyrna and a town police officer stemming from a previous criminal case against him, in which certain exculpatory emails were allegedly not disclosed at a preliminary hearing. The case is dismissed pursuant to the one-year limitations period, as his claims accrued on April 8, 2021, "upon the dismissal of the charges," and the action was filed nearly two years later.
Court: USDC Middle District of Tennessee , Judge: Richardson, Filed On: November 21, 2023, Case #: 3:23cv119, NOS: Other Civil Rights - Civil Rights, Categories: Civil Procedure, Civil Rights
J. Crenshaw denies the government's motion for judgment as a matter of law or for a new trial in this case concerning excise tax on certain "glider semi trucks sold between 2012 and 2017." A jury found that the truck company is not liable for excise tax on the trucks, which were allegedly manufactured by placing rebuilt engines into glider kits. The government fails to establish its argument concerning the sufficiency of the evidence, and a new trial is not warranted based on the exclusion of a certain expert.
Court: USDC Middle District of Tennessee , Judge: Crenshaw, Filed On: November 21, 2023, Case #: 2:20cv26, NOS: Taxes (U.S. Plaintiff or Defendant) - Federal Tax Suits, Categories: Evidence, Tax, Experts
J. Trauger denies the request for a preliminary injunction in this class action concerning the metropolitan government's sidewalk ordinance, which was found to be in violation of the Takings Clause, and the government's subsequent claims procedure for businesses seeking reimbursement. The plaintiff builders seek to enjoin the government's policy of requiring releases "in exchange for payments made to individuals and businesses" related to the ordinance. However, the parties agreed to certain revisions to the claim form, rendering the request for prospective injunctive relief "largely" moot.
Court: USDC Middle District of Tennessee , Judge: Trauger, Filed On: November 17, 2023, Case #: 3:22cv924, NOS: Other Civil Rights - Civil Rights, Categories: Constitution, Real Estate, Class Action
J. Trauger grants the dismissal motions filed by the metro defendants and the district attorney defendants in this lawsuit brought by a property owner who allegedly experienced "flooding and erosion issues" and did not receive help from the water services department in mitigating the problem. The property owner's claims for malicious prosecution, libel and intentional infliction of emotional distress should all be dismissed against the metro defendants. Also, the district attorney defendants are "immune from suit on claims against them for actions taken in their role as advocates for the state."
Court: USDC Middle District of Tennessee , Judge: Trauger, Filed On: November 16, 2023, Case #: 3:22cv936, NOS: Other Civil Rights - Civil Rights, Categories: Immunity, Defamation, Emotional Distress
J. Newbern recommends that this breach of contract action be transferred to the Northern District of Georgia. The property owner resides in Florida, but the property at issue is located in Georgia, as is the defendant roofing company. Additionally, the owner has not shown that the company waived its venue objections or that "venue in this district is proper, which is his burden."
Court: USDC Middle District of Tennessee , Judge: Newbern, Filed On: November 14, 2023, Case #: 3:23cv284, NOS: Other Contract - Contract, Categories: Venue, Contract
J. Trauger partially grants Nissan's dismissal motion in this lawsuit concerning a certain type of transmission included in particular Nissan vehicles. The vehicle owners contend that the "continuously variable transmission" was defective. The court will dismiss the claim under the Florida Deceptive and Unfair Trade Practices Act as untimely. Also, some of the states involved "require privity between parties in order for a plaintiff to assert a claim for breach of implied warranty for economic losses," and those claims will be dismissed accordingly.
Court: USDC Middle District of Tennessee , Judge: Trauger, Filed On: November 6, 2023, Case #: 3:22cv709, NOS: Motor Vehicle Product Liability - Torts - Personal Injury, Categories: Vehicle, Product Liability, Warranty
J. Trauger denies the bar and music venue's motion in limine, as well as its motion for summary judgment, in this negligence lawsuit arising from an alleged slip and fall that resulted in a bar patron's broken arm. The bar patron's doctors "were adequately disclosed as expert treating physicians." Also, there is an issue of fact as to whether the bar had constructive knowledge of a spilled drink and the alleged "liquid on the floor."
Court: USDC Middle District of Tennessee , Judge: Trauger, Filed On: October 31, 2023, Case #: 3:21cv868, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Tort, Experts
J. Holmes denies the two motions for a more definite statement in this malicious prosecution lawsuit brought by a professional hunter and his wife. The state defendants argue that the allegations in the complaint are "confusing, rambling, and vague." However, discovery and dismissal are the "more appropriate tools" for addressing the allegedly "inartful drafting."
Court: USDC Middle District of Tennessee , Judge: Holmes, Filed On: October 30, 2023, Case #: 3:23cv1028, NOS: Other Civil Rights - Civil Rights, Categories: Civil Procedure, Malicious Prosecution
J. Crenshaw grants the insurance company defendants' motion to enforce the settlement agreement and final judgment in this case concerning the allegedly improper depreciation of "the value of future labor" from certain insurance payments. At issue here are the deposition notices in two other cases. The court concludes that the notices violate the settlement agreement, which prohibits "Class Counsel from using the administration of the Settlement Agreement to support their class certification motions in other cases."
Court: USDC Middle District of Tennessee , Judge: Crenshaw, Filed On: October 23, 2023, Case #: 3:19cv466, NOS: Insurance - Contract, Categories: Insurance, Settlements, Class Action
J. Trauger grants summary judgment to the Department of Veterans Affairs in this lawsuit brought by a former employee alleging that her termination was retaliatory. The employee contends that her termination was related to her participation in an investigation of another employee's hostile work environment complaint. However, she fails to establish a prima facie case for her claim, as there is no evidence that the decision-makers "had knowledge of the plaintiff's protected activity."
Court: USDC Middle District of Tennessee , Judge: Trauger, Filed On: October 20, 2023, Case #: 3:21cv486, NOS: Employment - Civil Rights, Categories: Evidence, Employment Retaliation