105 results for 'court:"USDC Western District of Tennessee "'.
J. Anderson adopts the recommendation of the magistrate judge and dismisses this case as a sanction, based on the plaintiff company's failure to provide initial disclosures. The company has provided "no valid justification" for failing to comply with "a clear court order." The dismissal will be without prejudice, however.
Court: USDC Western District of Tennessee , Judge: Anderson, Filed On: June 27, 2023, Case #: 1:22cv1115, NOS: Insurance - Contract, Categories: Civil Procedure, Sanctions, Discovery
J. Mays grants the individual police officer's motion for summary judgment in this lawsuit arising from a traffic stop, in which the passenger was arrested and now asserts claims for false imprisonment and excessive force. Body-camera footage from the stop shows that she was not tackled, and the individual officer in question did not open her car door or "take her phone or other possessions." Her First Amendment retaliation claim also fails, since the officers never told her to stop filming with her phone.
Court: USDC Western District of Tennessee , Judge: Mays, Filed On: June 26, 2023, Case #: 1:20cv1145, NOS: Other Civil Rights - Civil Rights, Categories: Civil Procedure, Civil Rights
J. Lipman grants the motion to dissolve a temporary restraining order in this lawsuit involving certain noncompete agreements. The plaintiff medical equipment company, which brought the suit against two former employees and their new employer, fails to show "the need for continued injunctive relief on a temporary basis." The evidence does not show that the term "customer," as used within the agreements, was meant to include hospitals or medical facilities.
Court: USDC Western District of Tennessee , Judge: Lipman, Filed On: June 13, 2023, Case #: 2:23cv2344, NOS: Other Contract - Contract, Categories: Employment, Contract, Injunction
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J. Anderson grants the employer defendants' second dismissal motion in this lawsuit alleging that an employee's rights were violated by requiring her to be vaccinated with the Covid-19 vaccine "or else go on unpaid leave without the assurance of ever reclaiming her job." The employee further alleges that she was terminated from her employment, but the court dismisses her remaining state law claims, under the Tennessee Human Rights Act, the Tennessee Disability Act and Title 14. Under the THRA, there is not a duty "to accommodate an employee's religious beliefs."
Court: USDC Western District of Tennessee , Judge: Anderson, Filed On: June 8, 2023, Case #: 1:21cv1161, NOS: Employment - Civil Rights, Categories: Civil Rights, Employment
J. Parker finds that the state's Adult Entertainment Act is an unconstitutional restriction on speech and enjoins its enforcement as an "unconstitutional statute." The plaintiff nonprofit organization, which produces "drag-centric performances, comedy sketches, and plays," has established standing, and the court concludes that the Act "fails strict scrutiny review."
Court: USDC Western District of Tennessee , Judge: Parker, Filed On: June 2, 2023, Case #: 2:23cv2163, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Constitution
J. Anderson denies the defendant company's dismissal motion in this negligence lawsuit involving the construction of an industrial building. Contrary to the defendant company's argument, the economic loss doctrine does not bar the claims. Also, the "as is" language in the purchase agreement does not preclude a negligence claim.
Court: USDC Western District of Tennessee , Judge: Anderson, Filed On: June 1, 2023, Case #: 1:22cv1015, NOS: All Other Real Property - Real Property, Categories: Civil Procedure, Negligence, Contract
J. Fowlkes denies a motion to enforce the settlement agreement in this collective action brought under the Fair Labor Standards Act. The dispute involves an alleged failure to remit payment to certain opt-in plaintiffs. However, the defendant entities have not breached the agreement, as the claimants "failed to submit valid claims under the terms of the Settlement Agreement."
Court: USDC Western District of Tennessee , Judge: Fowlkes, Filed On: May 31, 2023, Case #: 2:13cv2767, NOS: Fair Labor Standards Act - Labor, Categories: Settlements, Class Action, Labor
J. Anderson denies the defendant college's motion to dismiss this Title VII discrimination lawsuit for lack of subject matter jurisdiction. In its reply, the college challenges the complaint as to "the exhaustion of Plaintiff's discrimination claims before the EEOC." However, this is not a jurisdictional argument. Also, the court will allow the individual plaintiff an extension of time for service.
Court: USDC Western District of Tennessee , Judge: Anderson, Filed On: May 26, 2023, Case #: 1:22cv2537, NOS: Employment - Civil Rights, Categories: Civil Rights, Employment Discrimination, Employment Retaliation
J. Anderson denies the employer defendants' motion to dismiss in part. The employers seek to dismiss the plaintiff plant worker's claim that she was "terminated or constructively discharged" in violation of a state law regarding Covid-19 vaccinations, arguing that the state law is preempted by federal law. However, the employers have failed to "overcome the presumption against preemption."
Court: USDC Western District of Tennessee , Judge: Anderson, Filed On: May 25, 2023, Case #: 1:22cv1123, NOS: Employment - Civil Rights, Categories: Civil Rights, Employment, Preemption