134 results for 'court:"USDC Northern District of Alabama "'.
J. Smith grants the solid waste director���s motion to dismiss this complaint brought by a citizen who claims he was deprived of procedural due process and his constitutional rights were violated. The citizen alleges he was served a summons for not paying the solid waste collection fee, even though he is allegedly exempt from participating. He was convicted and ordered to pay fines and restitution, but later that was dismissed and never validated. The court concluded he failed to state a claim, declares the collection fee is mandatory, and finds the statements made by the director did not constitute fabricated evidence.
Court: USDC Northern District of Alabama , Judge: Smith, Filed On: April 18, 2024, Case #: 5:24cv23, NOS: Other Civil Rights - Civil Rights, Categories: Constitution, Government, Due Process
J. Coogler denies Regions motion for summary judgment and partially grants Equifax���s motion for summary judgment in this Fair Credit Reporting Act lawsuit. The consumer alleges Regions Bank negligently violated the Act by failing to reasonably reinvestigate his claims and, and that Equifax failed to follow the proper procedures into his disputed credit information. The evidence shows that Equifax���s procedures were reasonable and it was not on notice for any inaccuracy. Because the consumer���s anxiety and depression worsened, a reasonable jury could conclude that Equifax is liable for damages.
Court: USDC Northern District of Alabama , Judge: Coogler, Filed On: April 12, 2024, Case #: 7:22cv1481, NOS: Consumer Credit - Other Suits, Categories: Evidence, Consumer Law, Banking / Lending
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J. Haikala grants the sheriff���s motion for summary judgment in this employment dispute brought by a Black male lieutenant who sought to transfer from another agency. The sheriff offered the lieutenant a job but explained he would have to take a demotion. The lieutenant agreed, but later discovered that a Black female and white male or female employees did the same thing but were not demoted. The lieutenant fails to show evidence in which a reasonable jury could agree he was discriminated against based on his gender or race.
Court: USDC Northern District of Alabama , Judge: Haikala, Filed On: March 28, 2024, Case #: 2:20cv725, NOS: Employment - Civil Rights, Categories: Employment Discrimination
J. Manasco denies a logistics company���s renewed motion for judgment as a matter of law and its motion for a new trial; grants in part its motion for a remittitur in this ADA and FMLA employment dispute brought by a former employee. The evidence presented to the jury was sufficient enough to show the company���s failure to notify the employee of his FMLA interference claim. The company argues that the jury���s verdicts for FMLA interference and retaliation claims were inconsistent and irreconcilable because the employee failed to give proper notice of his surgery. The jury���s award of compensatory and punitive damages for the ADA claims is to be reduced and may not exceed $300,000. The court grants the employee���s motion for attorney fees and expenses and his motion to alter or amend the final judgment. The employee is awarded $210,560 in attorney fees and $10,822.71 in expenses.
Court: USDC Northern District of Alabama , Judge: Manasco, Filed On: March 27, 2024, Case #: 2:20cv543, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Ada / Rehabilitation Act, Attorney Fees, Employment Retaliation
[Consolidated.] J. Manasco grants summary judgment to Adamsville, Alabama, and a police lieutenant in this race discrimination lawsuit filed by a Black police sergeant and Black police officer The sergeant states he was harassed by the lieutenant, who told plaintiff he ���walked like a faggot,��� as well as other disparaging comments. The officer states he worked in the jail and fired when he was forced to use force on an inmate who was not cooperating. The city argues that both employees violated the use of force protocol which was captured on video which was part of their proffered reasons for termination. Therefore, the investigations do not show an adverse action and no reasonable jury could not find that the sergeant and officer were wrongfully terminated or discriminated against.
Court: USDC Northern District of Alabama , Judge: Manasco, Filed On: March 21, 2024, Case #: 2:21cv1608, NOS: Employment - Civil Rights, Categories: Employment Discrimination, Employment Retaliation
J. England grants, in part, Walmart���s motion for summary judgment in this slip-and-fall case brought by a customer claiming of negligence and wantonness. The customer argues that Walmart the broken tile should have been discovered by employees as it was part of the premises creating a hazard. Her testimony and evidence support the defect, the piece of tile was present and the reason for her fall. Therefore, the wantonness claim is dismissed and the remaining claim for negligence is denied. The parties are ordered to confer and file a joint status report regarding the next steps.
Court: USDC Northern District of Alabama , Judge: England, Filed On: March 20, 2024, Case #: 2:22cv643, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Evidence, Negligence, Premises Liability
J. Manasco grants Birmingham, Alabama���s motion for summary judgment in this employment dispute brought by a white former employee who worked as a police officer and was unable to wear a face mask while working due to a feeling of suffocation related to his PTSD from the Army. He felt singled out because the Black officers who did not wear masks were not disciplined and, despite providing a note for accommodations from his doctor, he was reassigned from patrol duty to the city jail. The city did not fail to accommodate because the employee was not required to wear the mask in the jail. The employee fails to show any adverse reaction to discrimination and retaliation claims.
Court: USDC Northern District of Alabama , Judge: Manasco, Filed On: March 18, 2024, Case #: 2:21cv902, NOS: Employment - Civil Rights, Categories: Employment Discrimination, Employment Retaliation
J. Cornelius enters a judgment in favor of a former employee in this employment contract dispute claiming conspiracy, spoliation and declaratory judgment. The former employee joined the brokerage firm as a producer generating a large amount of revenue and became a shareholder within the first 18 months before resigning to work at another firm. The employee and the brokerage���s holdings firm won a nominal $1.00 award each, and the court directs the parties to submit briefs regarding any and all questions raised for the breach of the promissory note and request for attorney fees.
Court: USDC Northern District of Alabama , Judge: Cornelius, Filed On: March 15, 2024, Case #: 2:22cv174, NOS: Other Contract - Contract, Categories: Employment, Settlements, Contract
J. Proctor grants an insurance company���s renewed motion for summary judgment in this general liability insurance dispute with a properties company and its owner. The insured failed to show that the insurer is duty bound for indemnification and failed to provide a reasonable excuse for delay notice. Therefore, the insurer is not obligated to defend or indemnify the insured with respect to underlying claims and arbitration.
Court: USDC Northern District of Alabama , Judge: Proctor, Filed On: March 15, 2024, Case #: 2:22cv738, NOS: Insurance - Contract, Categories: Insurance, Indemnification
J. Manasco grants summary judgment in favor of the bank, an investment firm and insurance company in this dispute brought by an estate and its administrator. The administrator alleges that he has not received the settlement agreement compensation, nor did he sign the agreement. The bank, investment firm and insurer provided evidence that the agreement in enforceable and they complied with the terms. The administrator failed to provide any evidence that would be contrary. This case is ordered to be closed and all of the estate and its administrator���s motions be denied as moot.
Court: USDC Northern District of Alabama , Judge: Manasco, Filed On: March 14, 2024, Case #: 2:23cv173, NOS: Insurance - Contract, Categories: Insurance, Settlements, Banking / Lending
J. Haikala denies a subdivision developer���s motion for summary judgment in this construction dispute against a home builder for construction defects, being unlicensed and not paying subcontractors. The parties entered into a contract for the construction company to take over the project in a new subdivision. The subdivision developer failed to show that the builder���s non-licensure at the time the agreement was finalized keeps it from winning its counterclaims.
Court: USDC Northern District of Alabama , Judge: Haikala, Filed On: March 13, 2024, Case #: 5:22cv779, NOS: Other Contract - Contract, Categories: Licensing, Contract
J. Manasco grants a mortgage company���s motion for summary judgment in this personal injury lawsuit brought by a couple after the husband was injured when the brick on the stairs collapsed, causing him to fall and land on a stake sticking up out of the ground. The couple claims negligence, wantonness and loss of consortium, but lack enough evidence of the mortgagor���s culpable knowledge on any of those claims.
Court: USDC Northern District of Alabama , Judge: Manasco, Filed On: March 12, 2024, Case #: 2:21cv1417, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Evidence, Negligence, Premises Liability
J. Maze finds that challengers to a city's ban on billboards lack standing because they did not argue that the ban is unconstitutional. The ban applies to all billboards, regardless of content, so it was not a prior restraint on speech. City officials denied permit and variance applications because of the ban and were not using unconstitutionally unbridled discretion. The challengers' facial argument also failed due to the absence of discretionary decision-making by officials.
Court: USDC Northern District of Alabama , Judge: Maze, Filed On: March 11, 2024, Case #: 4:22cv461, NOS: Other Civil Rights - Civil Rights, Categories: Zoning, Jurisdiction, First Amendment
J. Haikala holds that an insured's breach of contract action is not barred by a policy's two-year limitations period, as the state law six-year limitations period applies to insurance contracts. Also, issues of fact about how a fire at the insured's property started preclude the insurer's arson defense.
Court: USDC Northern District of Alabama , Judge: Haikala, Filed On: March 8, 2024, Case #: 3:22cv449, NOS: Insurance - Contract, Categories: Insurance
J. Cornelius grants a medical device manufacturer���s motion to dismiss this wrongful death product liability lawsuit involving a medical defibrillator known as the Evera brought by the patient���s estate. The manufacturer recalled the defective defibrillators due to the battery rapidly and unexpectedly depleting approximately two months before the patient���s death, but the estate alleges the recall should have happened sooner. The estate���s claims are based on post-���premarket approval��� behavior, so they are preempted by the Medical Device Amendments of 1976.
Court: USDC Northern District of Alabama , Judge: Cornelius, Filed On: March 6, 2024, Case #: 2:23cv423, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: Health Care, Product Liability, Wrongful Death
J. Manasco grants summary judgment in favor of a bank in this mortgage lien counterclaim against a property owner. It is undisputed that the parties submitted evidence confirming the bank did in fact make the mistake when the property owner canceled the loan by email. The court orders a $289,939.28 money judgment in favor of the bank. The property owner���s motion for summary judgment is denied as moot.
Court: USDC Northern District of Alabama , Judge: Manasco, Filed On: March 5, 2024, Case #: 2:22cv63 , NOS: Other Contract - Contract, Categories: Property, Banking / Lending
J. Maze grants a poultry processing company���s motion for summary judgment on a former employee���s disparate treatment, retaliation, and failure to accommodate in violation of the Americans with Disabilities Act. The company terminated the employee while on medical leave. The employee fails to show evidence for an adverse action of discrimination or retaliation for failure to accommodate.
Court: USDC Northern District of Alabama , Judge: Maze, Filed On: February 21, 2024, Case #: 1:21cv1292, NOS: Employment - Civil Rights, Categories: Ada / Rehabilitation Act, Employment Discrimination, Employment Retaliation
J. Axon grants, in part, the city���s motion for summary judgment and motion to strike certain evidentiary exhibits in this employment dispute brought by a former police officer. The Black officer worked for the special investigations unit when he was told by supervisors that he was being reassigned because special assignments only last five years. However, this rule was not enforced for white officers, and his new assignment constituted a demotion. The retaliatory hostile work environment claim is denied and will proceed to trial. The motion to strike is denied as moot as to all evidence the city objects to.
Court: USDC Northern District of Alabama , Judge: Axon, Filed On: February 16, 2024, Case #: 2:22cv178, NOS: Employment - Civil Rights, Categories: Employment Discrimination, Employment Retaliation