53 results for 'court:"USDC Southern District of Alabama"'.
J. Bivins denies a trucking company and its truck driver’s motion for partial summary judgment in this personal injury lawsuit after the truck driver was using his cell phone and rear-ended a driver and his passenger on the interstate. The driver and passenger allege that the truck driver did admit to using the cell phone while speeding. A reasonable jury could decide the truck driver’s behavior was inherently reckless because he took his eyes off the interstate.
Court: USDC Southern District of Alabama, Judge: Bivins, Filed On: April 22, 2024, Case #: 1:23cv125, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Jury, Vehicle, Negligence
J. Moorer grants, in part, Walmart’s motion for summary judgment in a customer’s slip-and-fall lawsuit. She argues that Walmart’s employees should have discovered the produce bag she slipped on, as it was a hazard on the premises. She gives up her wantonness and negligent hiring claims, so Walmart wins summary judgement on them. Only her negligence remains, as well as her husband’s loss of consortium claim.
Court: USDC Southern District of Alabama, Judge: Moorer, Filed On: April 17, 2024, Case #: 1:22cv391, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Civil Procedure, Negligence, Premises Liability
J. DuBose grants Mobile, Alabama, and its police officer’s motion for summary judgment in this excessive force and false arrest dispute brought by a citizen. The citizen was arrested after a fight pursued in front of a nightclub, but she fails to show enough evidence to state a claim.
Court: USDC Southern District of Alabama, Judge: DuBose, Filed On: April 1, 2024, Case #: 1:22cv237, NOS: Other Civil Rights - Civil Rights, Categories: Due Process, Police Misconduct
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J. Nelson grants a board of education’s motion for summary judgment in this employment dispute brought by a former employee. The employee alleges he was terminated after being refused a pay raise for obtaining his master’s degree, and that other, similarly situated employees received the pay raise. The board cannot be liable for alleged discrimination and retaliation because the superintendent failed recommend terminating the employee. The former employee’s motion for partial summary judgment is denied and his motion for leave to amend his claim to add race discrimination and retaliation claims is granted.
Court: USDC Southern District of Alabama, Judge: Nelson, Filed On: March 28, 2024, Case #: 1:22cv84, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination, Employment Retaliation
J. Moorer grants, in part, a bank’s motion for summary judgment in this wrongful foreclosure dispute. The borrower alleges that her signature if forged and that the bank failed to properly notify her of the default, acceleration and foreclosure. The bank alleges the borrower failed to establish enough evidence of her claims. The court concludes the borrower does show enough authenticity of her signature being forged. Therefore, the quiet title claim is denied, and all others are granted.
Court: USDC Southern District of Alabama, Judge: Moorer, Filed On: March 22, 2024, Case #: 2:22cv144, NOS: All Other Real Property - Real Property, Categories: Real Estate, Banking / Lending, Foreclosure
J. DuBose finds the U.S. attorney general improperly denied a citizen’s federal firearms license application when he was trying to take over his father’s business. The father had his license revoked for transferring firearms to underage consumers and falsifying government documents. Therefore, ATF believed the citizen would still allow his father to be in connection to selling firearms, but speculation and assumptions are not evidence. The citizen’s application must be set aside as “not authorized” until this case is reheard for further proceedings.
Court: USDC Southern District of Alabama, Judge: DuBose, Filed On: March 1, 2024, Case #: 1:22cv251, NOS: Other Statutory Actions - Other Suits, Categories: Government, Business Practices, Firearms
J. Beaverstock denies a condo association’s motion to exclude experts and motion to strike as moot in this insurance dispute stemming from Hurricane Sally damage. The association alleges that an engineer and a building consultant retained by the insurer are not qualified and that both of their methodologies were unreliable. The court finds both experts’ testimony will be able assist in this case.
Court: USDC Southern District of Alabama, Judge: Beaverstock, Filed On: February 26, 2024, Case #: 1:22cv257, NOS: Insurance - Contract, Categories: Insurance, Experts
J. DuBose grants, in part, a hip replacement manufacturer’s motion for summary judgment brought by a patient who developed medical complications from flaws in the replacement. The patient states that just six weeks after the procedure, she was walking and heard a popping noise, and adds that her hip locks up, causing her to fall. The doctor found in her radiograph the hip was eccentrically located and needed a revision surgery, then another surgery to address infection. The patient failed to show evidence for all claims except the implied warranty one. The manufacturer also moved to exclude all opinions from experts. The first expert will be prohibited from testifying about an alternative design, and the second witness, a doctor, is excluded due to his reliability to testify as to alternative design.
Court: USDC Southern District of Alabama, Judge: DuBose, Filed On: February 20, 2024, Case #: 1:22cv190, NOS: Personal Injury - Health Care/Pharmaceutical Personal Injury/Product Liability - Torts - Personal Injury, Categories: Product Liability, Experts
J. Murray grants, in part, an insured’s motion to compel discovery request in this insurance suit of wrongful death claims for negligent or wanton failure to settle; bad faith failure to investigate, defend and settle; and tortious interference against the insurer. The insured is a non-medical home care assistance business and was sued after one of its customers died due to burns he received because he had been left in hot water by an employee. The court finds that the insurer will not be harmed by releasing certain unredacted versions of documents. The documents that are to be withheld are duplicate documents that were produced for in-camera review.
Court: USDC Southern District of Alabama, Judge: Murray, Filed On: February 6, 2024, Case #: 1:21cv372, NOS: Insurance - Contract, Categories: Insurance, Discovery, Privilege
J. Steele grants, in part, the insurer’s motion for summary judgement on claims related to contract and bad-faith denial of coverage for property damage caused by Hurricane Sally. The condominium association failed to provide requested information within the required time period or to establish any violations of the policy. Therefore, the contract claims are dismissed.
Court: USDC Southern District of Alabama, Judge: Steele, Filed On: February 5, 2024, Case #: 1:22cv495, NOS: Insurance - Contract, Categories: Insurance, Property, Damages
J. Moorer denies, in part, State Farm’s motion for summary judgement on claims related to bad-faith denial of coverage for damage caused by Hurricane Sally. The homeowner has sufficient evidence that the damage repairs were necessary and reasonably priced. The homeowner conceded the bad faith claim and summary judgment will be granted. The court denies the insurance company’s motion to exclude two expert testimonies. The qualifications of both experts go to evidence and can be addressed during cross-examination.
Court: USDC Southern District of Alabama, Judge: Moorer, Filed On: January 22, 2024, Case #: 1:22cv343, NOS: Insurance - Contract, Categories: Insurance, Experts
J. Bivens orders a woman to file an amended complaint and denies her motion to proceed without prepayment of fees in her pro se suit for a probate dispute against other family members. However, the woman’s complaint failed to raise sufficient facts to establish that the court has subject-matter jurisdiction and violates pleading standards. The clerk is also ordered to send a copy of this court’s pro se litigant handbook to the woman to cure her pleading deficiencies.
Court: USDC Southern District of Alabama, Judge: Bivins, Filed On: January 4, 2024, Case #: 1:23cv483, NOS: Other Civil Rights - Civil Rights, Categories: Wills / Probate, Jurisdiction
J. Moorer grants a uniform services company’s motion for summary judgement in this lawsuit brought by a customer that was allegedly injured in a trip and fall. The majority of the uniform company’s arguments seem to pertain to Buc-ee’s, a regional rest stop chain, owing a duty of defense or indemnification. Therefore, the remaining claims for negligence against the uniform firm are dismissed.
Court: USDC Southern District of Alabama, Judge: Moorer, Filed On: January 2, 2024, Case #: 1:20cv538, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Indemnification, Premises Liability
J. Steele denies summary judgment to insurer Great American who sought judgment indicating it does not owe a duty to defend or indemnify for an employment insurance payment paid out under an umbrella policy. The third-party company’s employee was injured on an electrical company’s equipment. The court grants summary judgment in favor of an electrical company and its insurer dismissing Great American’s amended complaint. The third-party company motion for summary judgment is granted for the duty to defend but denied for the duty to indemnify.
Court: USDC Southern District of Alabama, Judge: Steele, Filed On: December 19, 2023, Case #: 1:22cv2, NOS: Insurance - Contract, Categories: Insurance, Settlements, Indemnification
J. Moorer grants a citizen’s motion for remand back to the circuit court of Conecuh County in this negligence, wantonness, Alabama Extended Manufacturer’s Liability Doctrine and breach of implied warranty claims lawsuit against a group of manufactures. The manufacturer did not show evidence by preponderance in a controversy exceeding the jurisdictional requirement of $75,000.
Court: USDC Southern District of Alabama, Judge: Moorer, Filed On: December 1, 2023, Case #: 1:23cv98, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Negligence, Jurisdiction, Discovery
J. Moorer finds in favor of the insurer for breach of contract in the insured's complaint for coverage of a vehicle accident. The insured's daughter was not a listed driver on the policy and had lived in the home for more than 90 days when she was involved in a vehicle accident. The policy stated that the insurer "will not pay for damage resulting from a collision if the vehicle is being operated by an unlisted driver – i.e., a driver residing in your household longer than 90 days and not listed on the policy."
Court: USDC Southern District of Alabama, Judge: Moorer, Filed On: November 17, 2023, Case #: 1:22cv355, NOS: Insurance - Contract, Categories: Insurance, Contract
J. Moorer grants. in part, the Buc-ee’s convenience store chain’s motion for summary judgement and denies a uniform services company’s motion for summary judgement in this lawsuit brought by a customer that was allegedly injured in this trip and fall claim. Buc-ee’s fails to show any disputing evidence as to the employee’s tortious conduct of the negligence, recklessness and wantonness claims. The majority of the uniform company’s arguments seem to pertain to Buc-ee’s may owe a duty of defense or indemnification. Therefore, the remaining claims for trial are negligence and premises liability against Buc-ee’s and negligence against the uniform firm.
Court: USDC Southern District of Alabama, Judge: Moorer, Filed On: November 9, 2023, Case #: 1:20cv538, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Negligence, Indemnification, Premises Liability