189 results for 'court:"USDC Middle District of Tennessee "'.
J. Richardson denies the plaintiffs' second request for a preliminary injunction in this lawsuit asserting violations of the Tennessee Open Meetings Act and Section 1983. The plaintiffs, which include a high school student and her father, seek an injunction requiring the defendant book review committee "to publish adequate public notice of its meetings in advance of them." However, they fail to demonstrate a likelihood of success on the merits, as the committee's "gatherings" are unlikely to be considered "meetings" under the Act.
Court: USDC Middle District of Tennessee , Judge: Richardson, Filed On: October 13, 2023, Case #: 3:23cv181, NOS: Other Civil Rights - Civil Rights, Categories: Civil Procedure, Public Record
J. Richardson adopts the magistrate judge's recommendation and dismisses this action based on a lack of jurisdiction. The plaintiff, an independent contractor who performed construction and maintenance work for the defendant homeowners association, asserts claims for defamation and sexual harassment. However, he fails to establish a basis for federal question jurisdiction.
Court: USDC Middle District of Tennessee , Judge: Richardson, Filed On: October 13, 2023, Case #: 3:23cv159, NOS: Employment - Civil Rights, Categories: Civil Procedure, Defamation, Jurisdiction
J. Trauger grants the Dollar General defendants' motion to dismiss this stockholder derivative complaint asserting claims for breach of fiduciary duty and unjust enrichment against certain individual directors and executives, in connection with allegations of employee safety failures. The stockholder plaintiff should have given the board of directors an "opportunity to evaluate this proposed lawsuit" prior to bringing suit. Accordingly, he is not entitled to bring the derivative suit under Tennessee law.
Court: USDC Middle District of Tennessee , Judge: Trauger, Filed On: October 12, 2023, Case #: 3:23cv59, NOS: Stockholders’ Suits - Contract, Categories: Securities, Fiduciary Duty
J. Richardson denies the individual plaintiff's motion for a temporary restraining order in this case concerning federal student loan payments. The individual's request lacks the required specificity, particularly as to "what exactly she wishes to enjoin." The motion seeks to maintain the "pandemic-relief student-loan pause," but it fails to provide the necessary details. Additionally, the individual fails to address the issue of a bond, which would be required to cover the potential costs and damages.
Court: USDC Middle District of Tennessee , Judge: Richardson, Filed On: October 10, 2023, Case #: 3:23cv930, NOS: Other Civil Rights - Civil Rights, Categories: Civil Procedure, Debt Collection, Education
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J. Richardson denies the plaintiff company's request for a preliminary injunction to prevent the Bureau of Alcohol, Tobacco, Firearms and Explosives from treating its federal firearms license as being terminated "during the pendency of this Court's review." The company has not shown a likelihood of success on the merits.
Court: USDC Middle District of Tennessee , Judge: Richardson, Filed On: September 29, 2023, Case #: 3:23cv544, NOS: Other Statutory Actions - Other Suits, Categories: Civil Procedure, Licensing, Firearms
J. Campbell denies the defendant company's motion for sanctions as it relates to the alleged destruction of evidence on Dec. 29, 2019, in this product liability lawsuit stemming from a fire. The evidence at issue was "highly probative of the claims in this case," but the son's cleanup of the scene does not warrant sanctions.
Court: USDC Middle District of Tennessee , Judge: Campbell, Filed On: September 29, 2023, Case #: 3:20cv941, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: Evidence, Sanctions
J. Campbell grants the school defendants' motion for summary judgment in this lawsuit brought by a former high school student alleging due process violations stemming from an investigation into an incident involving another student. The court concludes that the plaintiff student was not deprived of due process, as he was given "notice of the accusation and an opportunity to respond." Also, the court notes that the disciplinary measures against him were vacated.
Court: USDC Middle District of Tennessee , Judge: Campbell, Filed On: September 28, 2023, Case #: 3:21cv910, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Education
J. Campbell grants the education defendants' motions to dismiss the student's Title IX claim but denies their motions to dismiss the student's equal protection claim. The student, who is a transgender girl, contends that the Tennessee Accommodations for All Children Act violates her rights and she seeks to enjoin its enforcement, specifically as it relates to the use of "multi-occupancy restrooms and changing facilities." However, the student has failed to state a claim under Title IX.
Court: USDC Middle District of Tennessee , Judge: Campbell, Filed On: September 27, 2023, Case #: 3:22cv570, NOS: Education - Civil Rights, Categories: Civil Rights, Education, Lgbtq
J. Campbell grants the plaintiff company's motion for summary judgment in this contract dispute involving a planned event at the defendant's hotel. The company terminated the agreement, under which the hotel was to hold a block of rooms, and the hotel subsequently sent the company an invoice for liquidated damages. The company's "reliance on the force majeure provision" of the parties' agreement was valid, as there were ongoing restrictions related to Covid-19 at the time of the planned event.
Court: USDC Middle District of Tennessee , Judge: Campbell, Filed On: September 26, 2023, Case #: 3:21cv810, NOS: Other Contract - Contract, Categories: Covid-19, Contract
J. Richardson adopts the report and recommendation of the magistrate judge and grants the hospital defendants' partial summary judgment motion in this lawsuit brought under the Telephone Consumer Protection Act. As to the harassment claim, the defendants contend that they "did not intend to harass or annoy" the individual plaintiff and that the calls at issue had a legitimate purpose. Additionally, the record indicates that the calls, which were made by a third-party contractor, were made to a wrong number.
Court: USDC Middle District of Tennessee , Judge: Richardson, Filed On: September 26, 2023, Case #: 3:21cv755, NOS: Telephone Consumer Protection Act (TCPA) - Other Suits, Categories: Civil Procedure, Communications
J. Trauger partially grants the plaintiff church's motion for class certification in this breach of contract lawsuit against an insurance company. The church has not shown "that common issues would predominate over individual issues" for the entire proposed class, which includes 10 states. The court will accordingly certify a class for plaintiffs in four states, including Arizona, California, Illinois and Tennessee.
Court: USDC Middle District of Tennessee , Judge: Trauger, Filed On: September 22, 2023, Case #: 3:21cv764, NOS: Insurance - Contract, Categories: Insurance, Class Action
J. Trauger partially grants the employee's motion as to the issuance of "court-facilitated notice to potential plaintiffs of this collective action." The employee alleges violations of the Fair Labor Standards Act, specifically relating to the company's meal break deduction policy, and he has sufficiently presented evidence of "other similarly situated employees."
Court: USDC Middle District of Tennessee , Judge: Trauger, Filed On: September 18, 2023, Case #: 3:23cv210, NOS: Fair Labor Standards Act - Labor, Categories: Employment, Class Action, Labor
J. Crenshaw grants the request for attorney fees in this disability discrimination lawsuit concerning the delivery of certain personal assistance and home health services. The parties previously entered into a settlement agreement, and the court disagrees with the defendant service providers' assessment that this was a "nuisance settlement." Additionally, the revised amount requested is reasonable.
Court: USDC Middle District of Tennessee , Judge: Crenshaw, Filed On: September 15, 2023, Case #: 3:21cv509, NOS: Amer w/Disabilities - Other - Civil Rights, Categories: Ada / Rehabilitation Act, Health Care, Attorney Fees
J. Trauger partially grants the equipment supplier's motion for judgment on the pleadings as to certain counterclaims brought by the independent dealer in this dispute involving a distributor sales and service agreement. Certain counterclaims are premised on the incorrect assumption that the supplier was "barred by the parties' contract from relying on other dealers in Minnesota." Accordingly, judgment is proper as to those counterclaims.
Court: USDC Middle District of Tennessee , Judge: Trauger, Filed On: September 11, 2023, Case #: 3:22cv308, NOS: Other Contract - Contract, Categories: Business Practices, Contract
J. Crenshaw grants summary judgment to the Department of Veterans Affairs and dismisses the former employee's claims for discrimination, retaliation and hostile work environment. The former employee, a neurologist from Bangladesh, fails to establish a prima facie case of national origin discrimination. Also, his allegations fail to establish a hostile work environment claim.
Court: USDC Middle District of Tennessee , Judge: Crenshaw, Filed On: August 28, 2023, Case #: 3:21cv107, NOS: Employment - Civil Rights, Categories: Health Care, Employment Discrimination, Employment Retaliation
J. Trauger grants the city defendants' dismissal motion in this lawsuit alleging that an individual's rights were violated during his arrest, when he was knocked to the ground and officers "used a Taser on him at least four times." The individual's Section 1983 claim is barred by the statute of limitations, as he filed the complaint more than two years "after the accrual of the cause of action." Also, he fails to show that equitable tolling is warranted.
Court: USDC Middle District of Tennessee , Judge: Trauger, Filed On: August 25, 2023, Case #: 3:23cv28, NOS: Other Civil Rights - Civil Rights, Categories: Civil Procedure, Civil Rights
J. Trauger grants the dismissal motions filed by the town and the county defendants in this lawsuit alleging that a home was damaged during the execution of an arrest warrant, specifically when cannisters of tear gas were fired into the house. The owners contend that the house had to be taken "down to the studs to repair the damage," and they now claim that they are due "just compensation" under the Fifth Amendment and Section 1983. However, the police officers' actions were "a valid use of their police power," and they did not constitute a taking under the Fifth Amendment.
Court: USDC Middle District of Tennessee , Judge: Trauger, Filed On: August 24, 2023, Case #: 3:23cv57, NOS: Other Civil Rights - Civil Rights, Categories: Constitution, Property, Damages
J. Campbell denies the dismissal motions filed in this lawsuit brought by a nonprofit organization alleging violations of the Freedom of Access to Clinic Entrances Act, as well as trespass, assault and nuisance, against a group of protesters. The nonprofit corporation has statutory standing, and it has stated a claim for relief under the Act. Also, the procedural mechanisms of the Tennessee Public Participation Act do not apply.
Court: USDC Middle District of Tennessee , Judge: Campbell, Filed On: August 23, 2023, Case #: 3:22cv565, NOS: Other Civil Rights - Civil Rights, Categories: Civil Procedure, Health Care, Assault
J. Trauger partially grants Nissan's motion to dismiss this amended class action concerning the transmission found in certain vehicles. The breach of express warranty claim will be dismissed as to one of the named plaintiffs, who fails to show that an extended warranty that he purchased "actually imposed any obligation on Nissan." The customers' unjust enrichment claim will also be dismissed, as there is no basis for it "to proceed as an alternative theory of liability."
Court: USDC Middle District of Tennessee , Judge: Trauger, Filed On: August 22, 2023, Case #: 3:22cv769, NOS: Contract Product Liability - Contract, Categories: Product Liability, Class Action
J. Richardson grants summary judgment to the board of education in this lawsuit alleging that an elementary school student's constitutional rights were violated when two school employees dragged him down the hallway to the school's "calming room," after he refused to get out of a chair and go to class. The student cannot establish municipal liability under a failure-to-train theory. The record shows that the employees underwent training for crisis prevention intervention, and any inadequacy in the training "did not cause plaintiff's injury."
Court: USDC Middle District of Tennessee , Judge: Richardson, Filed On: August 22, 2023, Case #: 3:20cv945, NOS: Education - Civil Rights, Categories: Civil Rights, Education
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. Frensley recommends that the officials' motion for partial dismissal be granted in part in this lawsuit challenging the state's sex offender registration laws. One of the individual plaintiff's Ex Post Facto claims should be dismissed "for failure to state a claim," as the complaint does not allege that the "Registration Act is punitive in support of claim A." The court notes that a second claim properly asserts that the Act is punitive as applied to the plaintiff.
Court: USDC Middle District of Tennessee , Judge: Frensley, Filed On: August 11, 2023, Case #: 3:22cv1004, NOS: Other Civil Rights - Civil Rights, Categories: Civil Procedure, Civil Rights