134 results for 'court:"USDC Northern District of Alabama "'.
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[Consolidated.] J. Coogler grants the county defendants and federal defendants dismissal of the homeowners' property damage claims they say stems from a poorly placed storm drainage system. The homeowners claim that the placement of the storm drain contributed to the slope failure that damaged their homes and that the damage results in a "taking" of their property by the county defendants. However, these allegations do not show that the county defendants engaged in any conduct that would legally constitute a "taking." The court lacks subject matter jurisdiction over the claims against the federal defendants.
Court: USDC Northern District of Alabama , Judge: Coogler, Filed On: September 26, 2023, Case #: 7:23cv314, NOS: Torts to Land - Real Property, Categories: Government, Property, Tort
J. Coogler grants Pickens County Commission's motion for summary judgment following allegations of race discrimination brought by a Black female clerical employee. The employee argues that two co-workers of a different race received higher raises than her, but she has no evidence to prove this. Furthermore, those co-workers had "different work experience, different job duties, and different job titles," so they were not similarly situated in all material respects.
Court: USDC Northern District of Alabama , Judge: Coogler, Filed On: September 26, 2023, Case #: 7:20cv1922, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination
J. Proctor denies dismissing claims brought by a real estate investment trust (REIT), arising from a company and group of individuals��� alleged efforts to manipulate its stock price. The REIT has sufficiently pleaded its claim that the reports were inaccurate.
Court: USDC Northern District of Alabama , Judge: Proctor, Filed On: September 1, 2023, Case #: 2:23cv408, NOS: Assault, Libel, & Slander - Torts - Personal Injury, Categories: Real Estate, Defamation
J. Daniella dismisses a mother���s failure-to-train and wantonness claims against a climbing gym brought after her daughter fell from an indoor climbing wall racing game because she did not safely clip herself into the wall���s auto-belay system. However, a jury is needed to determine whether the the danger was open and obvious, or whether the gym had adequately warned her of the danger, so the family may pursue a premises liability claim.
Court: USDC Northern District of Alabama , Judge: Danella, Filed On: August 23, 2023, Case #: 2:21cv505, NOS: Other - Forfeiture/Penalty, Categories: Negligence, Premises Liability
J. Maze denies the Tennessee Valley Authority's motion to dismiss three cases arising from a fire at a dock that resulted in deaths, injuries and property losses. A 1963 indenture agreement, which conveyed certain property from the TVA to the county, is an indemnification agreement, rather than a release.
Court: USDC Northern District of Alabama , Judge: Maze, Filed On: July 28, 2023, Case #: 5:22cv15, NOS: Marine - Torts - Personal Injury, Categories: Maritime, Negligence, Wrongful Death
J. Axon dismisses a stagehand's defamation and other claims against a union related to its alleged relaying of lies about him to the director of a convention center, including a false accusation by a ballet dancer that the stagehand had stared at dancers during a performance. His claims are preempted by the Labor Management Relations Act, under which he has not made a claim.
Court: USDC Northern District of Alabama , Judge: Axon, Filed On: July 24, 2023, Case #: 2:23cv262, NOS: Labor/Management Relations - Labor, Categories: Employment, Defamation, Labor / Unions