99 results for 'court:"USDC Eastern District of Tennessee "'.
J. Atchley grants the circuit court clerk's motion to dismiss his second counterclaim, in which he seeks attorney fees related to a previous lawsuit against him involving "identical allegations" of sexual harassment. The court finds that dismissal of the counterclaim is appropriate under Rule 21, as it "does not resolve the entire action." Additionally, the court will deny the clerk's request for partial summary judgment as to his first counterclaim, which also seeks attorney fees.
Court: USDC Eastern District of Tennessee , Judge: Atchley, Filed On: May 16, 2024, Case #: 3:20cv293, NOS: Other Civil Rights - Civil Rights, Categories: Civil Procedure, Employment Discrimination, Attorney Fees
J. Atchley dismisses this employment discrimination lawsuit following a bench trial. The employee sought prospective injunctive relief against certain individual defendants, alleging discrimination and retaliation under the Age Discrimination in Employment Act, in connection with her reassignment to "a position she felt was less desirable." However, she failed to introduce evidence of her age or show a "proper comparator."
Court: USDC Eastern District of Tennessee , Judge: Atchley, Filed On: May 13, 2024, Case #: 3:21cv270, NOS: Employment - Civil Rights, Categories: Employment Discrimination, Employment Retaliation
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J. McCook partially grants the city defendant's motions to compel discovery in this class action arising from an alleged sex-trafficking venture. The named plaintiffs, who represent the victims of the alleged venture, are ordered to search their "additional source" for responsive documents under Category Three, which includes written communications or phone calls between the plaintiffs and an individual allegedly involved in the conspiracy.
Court: USDC Eastern District of Tennessee , Judge: McCook, Filed On: May 10, 2024, Case #: 2:23cv71, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Discovery, Class Action
J. Corker grants the former employer���s motion for summary judgment in this lawsuit alleging discrimination under the Age Discrimination in Employment Act. The former employees fail to provide direct evidence of age discrimination, and they do not dispute that their terminations ���occurred in the context of a workforce reduction.��� Additionally, they do not show that the reasons given by the employer were pretext for discrimination.
Court: USDC Eastern District of Tennessee , Judge: Corker, Filed On: May 7, 2024, Case #: 3:22cv392, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination
J. McDonough grants the sheriff's department defendants' summary judgment motion in this lawsuit brought by a former probation officer asserting claims of malicious prosecution and false arrest, in connection with her alleged arrest on charges of "official misconduct." The charges were dismissed against the former probation officer, but she fails to show that certain incident reports were false or that the defendants "intentionally or recklessly falsified the reports."
Court: USDC Eastern District of Tennessee , Judge: McDonough, Filed On: April 24, 2024, Case #: 4:22cv44, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Malicious Prosecution
J. McDonough grants the state defendant's motion for summary judgment in this disability discrimination lawsuit brought by a former employee asserting claims under the Rehabilitation Act for failure to engage in the interactive process and failure to provide a reasonable accommodation. The termination letter "cited job abandonment as the cause," and the record shows that the employee failed to provide the employer with a credible return-to-work date, after she allegedly suffered an injury that caused her to miss work for an extended period. The court concludes that she does not establish "a prima facie case of failure to accommodate."
Court: USDC Eastern District of Tennessee , Judge: McDonough, Filed On: April 24, 2024, Case #: 1:23cv88, NOS: Other Civil Rights - Civil Rights, Categories: Ada / Rehabilitation Act, Employment Discrimination
J. Greer grants the government defendants��� motion for summary judgment in this lawsuit concerning a firearms dealer���s compliance with the ���record-keeping requirements under the Gun Control Act��� and its decision to revoke his license. The record indicates that the dealer was aware of his legal obligations but continued to violate regulations. As to violations involving Form 4473, for example, the court notes that the frequency of violations increased after the initial compliance inspection. Accordingly, the federal defendants are entitled to judgment, and the dealer���s license is revoked.
Court: USDC Eastern District of Tennessee , Judge: Greer, Filed On: April 22, 2024, Case #: 1:23cv51, NOS: Administrative Procedure Act/Review or Appeal of Agency Decision - Other Suits, Categories: Licensing, Agency, Firearms
J. Corker grants the employer's summary judgment motion and dismisses the former employee's claims asserting violations of the Americans with Disabilities Act and the Family and Medical Leave Act. The employee, who worked as a bucket foreman repairing utility lines, allegedly suffered from a health issue that caused him to briefly lose consciousness. The employer had a valid reason "to believe that Plaintiff was a serious potential threat to himself, or other employees, given the nature of his job." The court concludes that there were no accommodations that would eliminate the risk of harm.
Court: USDC Eastern District of Tennessee , Judge: Corker, Filed On: April 17, 2024, Case #: 2:22cv112, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Ada / Rehabilitation Act, Employment Discrimination
J. Corker denies the defendant health care entities' dismissal motion in this class action asserting claims for violations of the Racketeer Influenced and Corrupt Organizations Act, as well as claims for unjust enrichment and declaratory judgment, based on an alleged scheme of upcoding and overbilling. The court holds that the plaintiffs have sufficiently alleged the predicate RICO acts with the particularity required and "plausibly pleaded a RICO conspiracy claim."
Court: USDC Eastern District of Tennessee , Judge: Corker, Filed On: March 29, 2024, Case #: 3:23cv111, NOS: Racketeer Influenced and Corrupt Organizations (RICO) - Other Suits, Categories: Health Care, Class Action, Racketeering
J. Collier grants the bank's motion for judgment on the pleadings in this suit arising from a "commercial loan transaction negotiation." The plaintiff company asserts claims for negligent misrepresentation, promissory fraud and promissory estoppel after the loan did not close. However, it fails to adequately state a claim for relief.
Court: USDC Eastern District of Tennessee , Judge: Collier, Filed On: March 28, 2024, Case #: 2:23cv22, NOS: Other Fraud - Torts - Personal Property, Categories: Civil Procedure, Fraud, Banking / Lending
J. Corker dismisses the dog owners' amended complaint, in which they assert "various theories of liability" against the veterinary defendants following the death of their pet. The owners' claims against the state defendants are barred under the doctrine of sovereign immunity. The owners' due process claim also fails as the escalation in the dog's care was "voluntary," and they fail to state an equal protection claim, as they have not shown how they were treated "worse than similarly situated individuals."
Court: USDC Eastern District of Tennessee , Judge: Corker, Filed On: March 18, 2024, Case #: 3:22cv414, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Health Care
J. Poplin partially grants the business defendants' motion to compel discovery in this lawsuit brought by timeshare developers asserting claims under the Lanham Act and the Tennessee Consumer Protection Act, based on the defendants' alleged efforts to disrupt their valid timeshare contracts. The timeshare plaintiffs are required to respond to certain requests, including requests for documents related to "bad debt" and "exit fees" stemming from timeshare cancellations.
Court: USDC Eastern District of Tennessee , Judge: Poplin, Filed On: March 18, 2024, Case #: 3:20cv251, NOS: Other Statutory Actions - Other Suits, Categories: Consumer Law, Interference With Contract, Discovery
J. Poplin denies the defendant manufacturing company's motion for summary judgment in this lawsuit brought by a former employee alleging failure to accommodate and disability discrimination under the Americans with Disabilities Act. The former employee, who had epilepsy and suffered multiple seizures at work, was allegedly terminated from his employment as a machine operator. There are issues of fact precluding summary judgment, specifically as to his requested accommodations.
Court: USDC Eastern District of Tennessee , Judge: Poplin, Filed On: February 13, 2024, Case #: 3:21cv332, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Ada / Rehabilitation Act, Employment Discrimination