189 results for 'court:"USDC Middle District of Tennessee "'.
J. Richardson partially grants the defendant staffing company's motion to compel arbitration and to dismiss the amended complaint alleging a violation of the Tennessee Human Rights Act. The job applicant's claim, which relates to a vaccination requirement, will be referred to arbitration, but the claim is "stayed rather than dismissed."
Court: USDC Middle District of Tennessee , Judge: Richardson, Filed On: August 11, 2023, Case #: 3:22cv847, NOS: Employment - Civil Rights, Categories: Civil Rights, Employment, Employment Discrimination
J. Holmes recommends that the commissioner���s dismissal motion be granted and that this pro se lawsuit be dismissed in its entirety. The individual plaintiff contends that the Tennessee Department of Human Services has wrongfully attempted ���some type of collection proceedings against him for child support payments.��� However, he fails to clearly include the factual allegations underlying the suit. He also fails to raise any ���viable legal claims for relief that save his lawsuit from dismissal.���
Court: USDC Middle District of Tennessee , Judge: Holmes, Filed On: August 10, 2023, Case #: 3:23cv134, NOS: Other Civil Rights - Civil Rights, Categories: Civil Procedure, Civil Rights, Family Law
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
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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
J. Crenshaw adopts the recommendation of the magistrate judge and grants the various defendants' dismissal motions in this lawsuit arising from a press reporter's attempt to report on a judicial conference that was being held at a hotel. The reporter contends that he was forced to leave the event in violation of his rights. However, his complaint was not timely filed, and the magistrate judge was correct not to apply the "mailbox rule" to his filing.
Court: USDC Middle District of Tennessee , Judge: Crenshaw, Filed On: August 7, 2023, Case #: 3:22cv911, NOS: Other Civil Rights - Civil Rights, Categories: Civil Procedure, Civil Rights
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. Campbell partially grants the defendant pharmaceutical company's dismissal motion on the former employee's claims for age discrimination and retaliation under Title VII and retaliatory discharge under Tennessee common law. The former employee's retaliation claim under Title VII fails, as her "charge of sexual harassment did not report conduct that falls under Title VII." The alleged conduct that plaintiff reported was toward a non-employee. Her age discrimination claim under Title VII is also dismissed, as it does not fall under Title VII.
Court: USDC Middle District of Tennessee , Judge: Campbell, Filed On: July 20, 2023, Case #: 3:22cv447, NOS: Employment - Civil Rights, Categories: Employment Discrimination, Employment Retaliation
J. Frensley recommends that the dismissal motion be granted in this pro se lawsuit concerning a 2015 Nissan Altima, which was allegedly damaged by saltwater and caused the owner to have an accident. The owner's claim for restitution is moot, as he was issued a check by his insurance company "to cover the totaled vehicle."
Court: USDC Middle District of Tennessee , Judge: Frensley, Filed On: July 17, 2023, Case #: 3:21cv955, NOS: Commerce - Other Suits, Categories: Insurance, Vehicle, Warranty
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. Richardson grants the individual defendant's dismissal motion in this lawsuit alleging religion-based discrimination and retaliation under the Tennessee Human Rights Act and fraud under Tennessee law. The individual defendant, who is the alleged president of the defendant company, "cannot be held liable for discrimination or retaliation under the THRA." Also, the employee's complaint fails to adequately plead a fraud claim against the individual executive.
Court: USDC Middle District of Tennessee , Judge: Richardson, Filed On: July 11, 2023, Case #: 3:21cv923, NOS: Employment - Civil Rights, Categories: Civil Procedure, Employment, Employment Discrimination
J. Richardson grants the defendant employer's summary judgment motion in this lawsuit brought by a former employee under the Americans with Disabilities Act. The employee argues that she was terminated because of her asthma, but she fails to show that "her asthma constituted a disability" under the ADA. Also, she only raised her assertion that it placed her at "heightened risk" in relation to Covid-19 at summary judgment, so that argument will not be considered.
Court: USDC Middle District of Tennessee , Judge: Richardson, Filed On: July 6, 2023, Case #: 3:21cv526, NOS: Employment - Civil Rights, Categories: Ada / Rehabilitation Act, Employment, Employment Discrimination
J. Richardson partially grants the transgender plaintiffs' request for a preliminary injunction in this lawsuit challenging a state law that prohibits minors from receiving certain medical procedures in connection with their gender identity. The plaintiffs contend that the law is unconstitutional, and they have sufficiently shown a likelihood of success on their due process claim, alleging that the law infringes on the parent's right "to direct the medical care of his or her child," as well as their equal protection claim. However, the court also finds that they lack standing to challenge the "ban on surgeries as treatment for gender dysphoria."
Court: USDC Middle District of Tennessee , Judge: Richardson, Filed On: June 28, 2023, Case #: 3:23cv376, NOS: Other Civil Rights - Civil Rights, Categories: Civil Procedure, Civil Rights, Health Care
J. Richardson grants the state defendants' motion to dismiss the transgender plaintiffs' amended complaint, which seeks a declaratory judgment that the enforcement of a certain birth certificate policy violates their constitutional rights. The challenged policy provides that the sex listed on an individual's birth certificate cannot be changed "as a result of sex change surgery," and the transgender plaintiffs plead equal protection, due process and free speech violations as a result. However, they fail to plausibly state their claims.
Court: USDC Middle District of Tennessee , Judge: Richardson, Filed On: June 22, 2023, Case #: 3:19cv328, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Public Record, Due Process
J. Crenshaw grants, in part, the law enforcement parties' motion for summary judgment in a case involving a hold that was placed on a crashed vehicle. The vehicle owner's due process claims against the sheriff and the deputy in their individual capacities fail to overcome their qualified immunity defense.
Court: USDC Middle District of Tennessee , Judge: Crenshaw, Filed On: June 16, 2023, Case #: 2:21cv33, NOS: Housing/Accommodations - Civil Rights, Categories: Property, Immunity, Due Process
J. Richardson grants the car manufacturer's dismissal motion in this lawsuit concerning a 2021 Nissan Altima, which allegedly suffered from multiple problems, including "stopping while accelerating." The complaint fails to state a claim for breach of contract against the manufacturer, as it does not "plausibly allege the existence of a contract" between the customer and the manufacturer. The customer's claim under the Tennessee Consumer Protection Act will also be dismissed.
Court: USDC Middle District of Tennessee , Judge: Richardson, Filed On: June 15, 2023, Case #: 3:22cv809, NOS: Other Contract - Contract, Categories: Consumer Law, Product Liability, Contract