102 results for 'court:"USDC Western District of Tennessee "'.
J. McCalla grants the plaintiff company leave to serve a third-party subpoena in order to "ascertain defendant's identity" in this copyright infringement lawsuit alleging that the anonymous defendant illegally distributed 34 of plaintiff's adult motion pictures. The company cannot determine the defendant's identity "beyond his IP address." The motion is granted but with certain protective conditions.
Court: USDC Western District of Tennessee , Judge: McCalla, Filed On: May 2, 2024, Case #: 2:24cv2068, NOS: Copyrights - Property Rights, Categories: Civil Procedure, Copyright
J. Parker grants the school system's summary judgment motion in this lawsuit brought by a teacher asserting claims under Title VII and the Tennessee Human Rights Act for discrimination, sexual harassment and retaliation. Certain discrete claims of harassment are time-barred, and her hostile work environment claim is not supported by the allegations.
Court: USDC Western District of Tennessee , Judge: Parker, Filed On: April 29, 2024, Case #: 2:22cv2346, NOS: Employment - Civil Rights, Categories: Civil Rights, Education, Employment Discrimination
J. Norris grants in part the competing motions for summary judgment in this lawsuit concerning coverage under an insurance policy. The underlying matter involves a former employee's alleged violation of the plaintiff paper company's conflict of interest policy and the subsequent settlement agreement. The plaintiff paper company's motion is granted as to certain affirmative defenses asserted by the defendant insurance company.
Court: USDC Western District of Tennessee , Judge: Norris, Filed On: April 25, 2024, Case #: 2:22cv2789, NOS: Insurance - Contract, Categories: Civil Procedure, Insurance
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J. McCalla partially grants the parties' motions in limine in this lawsuit brought by a former employee asserting claims for battery, harassment and retaliation. The former employee and other lay witnesses can provide personal observations of her symptoms, but they cannot provide "their own, unsupported diagnoses of specific mental health conditions, or to causation of Plaintiff's symptoms or conditions."
Court: USDC Western District of Tennessee , Judge: McCalla, Filed On: April 16, 2024, Case #: 2:22cv2683, NOS: Other Labor Litigation - Labor, Categories: Evidence, Employment Discrimination, Employment Retaliation
J. Fowlkes grants the defendant charter school's dismissal motion in this lawsuit alleging that a student's rights were violated by the restrictions placed on his attendance following an incident in which he was falsely accused of making "threatening calls." The parents' Title IX claim fails, as they only provide a "conclusory allegation of gender discrimination." The court also denies the parents' motion to amend as futile.
Court: USDC Western District of Tennessee , Judge: Fowlkes, Filed On: April 11, 2024, Case #: 2:23cv2393, NOS: Education - Civil Rights, Categories: Civil Rights, Education
J. Pham partially grants the pedestrian's motion to compel certain discovery in this civil rights action stemming from an interaction with police officers in which he was allegedly detained and searched without probable cause and subjected to an "anal cavity search." The motion, which pertains to the issue of equitable estoppel, is granted as to his request related to the "disposition and pendency time" of the police department's investigations into citizen complaints, though it is limited as to the timeframe and the investigative categories.
Court: USDC Western District of Tennessee , Judge: Pham, Filed On: April 9, 2024, Case #: 2:20cv2570, NOS: Other Civil Rights - Civil Rights, Categories: Civil Procedure, Civil Rights, Discovery
J. McCalla determines how the funds should be paid in this interpleader case arising from an alleged arson fire and alleged theft at the House of Blues recording studio. One of the individual defendants, who leased a studio and certain equipment from the owner, should receive $2,066,217 of the Business Personal Property award, as his lease "did not terminate with the fire."
Court: USDC Western District of Tennessee , Judge: McCalla, Filed On: April 4, 2024, Case #: 2:20cv2834, NOS: Insurance - Contract, Categories: Insurance, Property, Damages
[Consolidated.] J. Lipman denies the laboratory company's summary judgment motion and partially grants the government defendant's competing motion in this lawsuit concerning the company's reimbursements "received on Medicare Part B claims" and an auditor's conclusions that the company was overpaid. The court concludes that the two counts regarding "a potential due process violation around the universe of claims and the failure to include zero-paid claims in the sampling" should be dismissed.
Court: USDC Western District of Tennessee , Judge: Lipman, Filed On: March 26, 2024, Case #: 2:22cv2770, NOS: Medicare Act - Contract, Categories: Government, Health Care
J. Lipman partially grants the plaintiff company's motion for a preliminary injunction in this lawsuit brought under the Lanham Act and the Tennessee Consumer Protection Act, alleging that a former employee "engaged in a variety of tortious activities" against the company. The company's motion is granted as to its negligence per se and defamation claims, as the company is likely to succeed on the merits of those claims and the issuance of an injunction will "also serve the public interest."
Court: USDC Western District of Tennessee , Judge: Lipman, Filed On: March 19, 2024, Case #: 2:23cv2186, NOS: Trademark - Property Rights, Categories: Civil Procedure, Negligence, Defamation
J. Fowlkes grants the city's dismissal motion pursuant to Rule 12(b)(6) in this lawsuit brought by the president of a towing company alleging that the city violated his constitutional rights and committed various torts against him based on an incident involving a city police officer. The tow company executive fails to cite "a custom or policy" behind the alleged Section 1983 violation. Also, the city is immune from suit for the tort claims.
Court: USDC Western District of Tennessee , Judge: Fowlkes, Filed On: March 13, 2024, Case #: 2:23cv2102, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Tort, Immunity
J. Fowlkes grants in part the defendant bank's dismissal motion in this breach of contract suit involving a commercial bank account, which was allegedly the target of fraudulent activity. The plaintiff customers' negligence and contract claims are preempted by Article 4A. Also, their claim under the Tennessee Consumer Protection Act is dismissed, as "it was not pleaded with particularity."
Court: USDC Western District of Tennessee , Judge: Fowlkes, Filed On: March 11, 2024, Case #: 2:23cv2475, NOS: Other Contract - Contract, Categories: Fraud, Consumer Law, Banking / Lending
J. Lipman mostly denies the Varsity defendants' motion to exclude certain expert testimony in this antitrust lawsuit regarding the cheerleading industry, specifically concerning the prices associated with "competitive cheerleading competitions and camps." The defendants have not shown that the expert's methodology "in defining the cheer competition market" is unreliable. Their motion is granted, however, as to the expert's opinions "regarding Varsity's intent."
Court: USDC Western District of Tennessee , Judge: Lipman, Filed On: March 6, 2024, Case #: 2:20cv2892, NOS: Antitrust - Other Suits, Categories: Antitrust, Experts
J. Lipman mostly denies the Varsity defendants' motion to exclude certain expert testimony in this antitrust lawsuit involving the cheerleading industry. The Varsity defendants' argument concerning the data used "to calculate relevant sales is a factual dispute suitable for cross-examination." Their motion is granted, however, as to the expert's "damages calculations for states in which Indirect Purchasers are not pursuing damages."
Court: USDC Western District of Tennessee , Judge: Lipman, Filed On: March 6, 2024, Case #: 2:20cv2892, NOS: Antitrust - Other Suits, Categories: Antitrust, Damages, Experts
J. Anderson adopts the recommendation of the magistrate judge and dismisses the plaintiffs' complaint without prejudice based on a lack of subject matter jurisdiction. The plaintiffs, who owned an online Etsy store where they resold "collectible sports plates," allege violations of the Racketeer Influenced and Corrupt Organizations Act in connection with the defendants' trademark enforcement activities, specifically regarding a 1989 plate depicting former NBA player Kareem Abdul-Jabbar. However, the court concludes that their allegations are implausible.
Court: USDC Western District of Tennessee , Judge: Anderson, Filed On: March 5, 2024, Case #: 1:23cv1143, NOS: Racketeer Influenced and Corrupt Organizations (RICO) - Other Suits, Categories: Trademark, Jurisdiction, Racketeering
J. Lipman mostly denies the cheerleading defendants' motion to exclude certain expert testimony in this antitrust class action involving the cheerleading industry, specifically regarding the prices paid to participate in "competitive cheerleading competitions and camps." The economic expert's opinions are mostly admissible, as the defendants have not shown that her methodology for defining relevant markets is unreliable. The motion is granted, however, as to "her opinions regarding Varsity's motives."
Court: USDC Western District of Tennessee , Judge: Lipman, Filed On: February 28, 2024, Case #: 2:20cv2892, NOS: Antitrust - Other Suits, Categories: Antitrust, Experts, Class Action
J. McCalla partially grants the defendant company's summary judgment motion in this lawsuit brought by an employee alleging harassment and retaliation under the Tennessee Human Rights Act, as well as workers' compensation retaliation. Specifically, the motion is granted as to the plaintiff's workers' compensation retaliation claim. Also, the defendant coworker's summary judgment motion is denied.
Court: USDC Western District of Tennessee , Judge: McCalla, Filed On: February 26, 2024, Case #: 2:22cv2683, NOS: Other Labor Litigation - Labor, Categories: Employment Retaliation, Workers' Compensation