29 results for 'judge:"Axon"'.
J.Axon partially grants a collection agency’s motion for summary judgment in this Fair Credit Reporting Act and Fair Debt Collections Practices Act lawsuit brought by a consumer who says the agency tried collecting a debt that she did not owe for internet services. The services were canceled before installation because the consumer lives in a rural area, but the company continued to bill her before turning it over to collections. The agency and Trans Union continued to report the debt after she disputed the charges. The court will reserve ruling on whether the information provided to Trans Union was accurate, because the consumer’s dispute was based on a legal question instead of a factual inaccuracy. The court will also reserve ruling on the consumer’s FDCPA claim, according to which the agency reported the debt after she disputed it to Trans Union, because that part of her claim actually implicated the FCRA. The court directs the parties to provide a supplemental briefing on these issues.
Court: USDC Northern District of Alabama , Judge: Axon, Filed On: May 1, 2024, Case #: 2:22cv1489, NOS: Consumer Credit - Other Suits, Categories: Debt Collection, Consumer Law
J. Axon denies, in part, the government and its entities motion to dismiss tort allegations after a recreation specialist employed by the Bureau of Prisons caused the decedent’s death in a vehicle collision. The United States raises a jurisdictional question that is intertwined with a merits question of the estate’s claim; the Federal Prisons, Department of Justice, and National Institute of Corrections are dismissed from this case for lack of subject matter jurisdiction. The court granted the estate’s motion for deferral ruling until discovery is complete and to determine if the specialist was acting in her scope of work. The stay is lifted, and the remaining parties must meet and confer the filing of a Rule 26 report. Therefore, the court finds the government’s motion for summary judgment to be moot and has granted the estate’s motion for further discovery before ruling on the United States motion to dismiss.
Court: USDC Northern District of Alabama , Judge: Axon, Filed On: April 24, 2024, Case #: 7:23cv1201, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Tort, Wrongful Death, Discovery
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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
J. Axon grants partial summary judgment in favor of the poultry processors in this violation of Packers and Stockyards Act suit brought by a trustee of a bankruptcy estate and its farm. The trustee alleges the processors violated the Act by creating an anticompetitive market scheme to fix chicken prices higher than the market would otherwise support. The poultry processors claim the trustee and its farm are precluded due to the settlement agreement in a “Broiler Grower Litigation” class action. Therefore, judgment will be entered solely on the federal claim under the Act, and the court will decline to exercise jurisdiction for the state claims.
Court: USDC Northern District of Alabama , Judge: Axon, Filed On: February 2, 2024, Case #: 4:20cv1997, NOS: Other Contract - Contract, Categories: Antitrust, Settlements
J. Axon grants, in part, the county’s motion to dismiss this employment dispute brought by a former employee alleging gender, sex, age and disability discrimination and retaliation. In the former employee’s amended complaint, she did not allege gender or sex discrimination and requested punitive damages. Therefore, the gender or sex discrimination and requested punitive damages are dismissed. All of the remaining motion to dismiss claims are denied and will continue with proceedings.
Court: USDC Northern District of Alabama , Judge: Axon, Filed On: January 12, 2024, Case #: 2:23cv62, NOS: Employment - Civil Rights, Categories: Employment Discrimination, Employment Retaliation
J. Axon denies an insurer’s efforts to obtain a judgment indicating it does not owe a duty to defend or indemnify for an oil company’s transportation pollution endorsement and general liability insurance claim. The insurer argues the oil company’s former president is excluded from the policy because he was not an executive officer and that the court needs to define the action which would exclude coverage. The duty to indemnify claim is unripe because there is no judgement yet and one may never exist.
Court: USDC Northern District of Alabama , Judge: Axon, Filed On: December 22, 2023, Case #: 7:22cv791, NOS: Insurance - Contract, Categories: Energy, Insurance, Indemnification
J. Carney-Axon grants, in part, a sheriff’s motion to dismiss this civil rights case brought by a bingo hall alleging arbitrary and capricious fees were imposed on electronic gaming operations. In certain Alabama counties, voters approved the operation of nonprofit bingo halls by constitutional amendment, and allowed the sheriff’s department to collect an assessment fee. The court directs the bingo hall to file a second amended complaint on its equal protection and unlawful taking claims.
Court: USDC Northern District of Alabama , Judge: Carney-Axon, Filed On: December 13, 2023, Case #: 7:23cv1297, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Constitution, Due Process
J. Carney-Axon denies the insurers’ motion for summary judgment and motion for reconsideration for this vehicle accident lawsuit. The allegations in the state court are unclear who is the owner of the involved vehicle, this construing in favor of the coverage. The insurers would have no duty to cover, under the insured’s commercial lines policy, if the driver was driving her own vehicle.
Court: USDC Northern District of Alabama , Judge: Carney-Axon, Filed On: November 13, 2023, Case #: 2:22cv1236, NOS: Insurance - Contract, Categories: Insurance, Vehicle
J. Carney-Axon grants, in part, motion to dismiss for failure to state a claim in this lawsuit brought by a citizen on allegations of governmental misconduct against the department of revenue, an auditor and the district attorney. The citizen alleges after he was a witness in another case involving his son, the department initiated an audit of his taxes, which was governmental conspiracy of retaliation. The citizen failed to state a plausible claim against the state and district attorney that the claims were in fact due to his son’s case. The citizen must show cause on why the auditor’s motion to dismiss should not be dismissed.
Court: USDC Northern District of Alabama , Judge: Carney-Axon, Filed On: November 8, 2023, Case #: 2:23cv1116, NOS: Other Civil Rights - Civil Rights, Categories: Tax
J. Carney-Axon grants summary judgment as to all claims in favor of two manufacturing companies in a dispute arising after a fire that halted production of magnesium cross-car beams used by Mercedes-Benz. “Alabama law generally bars double recoveries, and, although a party is entitled to full compensation for his injuries, he can gain but one satisfaction.” Both companies have been compensated for the alleged damages but have not carried the burden of fully mitigated damages. The court denies Mercedes-Benz’s request for cost and attorney fees for failing to brief why they were entitled to these fees. The insurer’s motion for partial summary judgment is denied as moot for availability of a force majeure affirmative defense as to the two manufacturing companies. “An affirmative defense is relevant only if a party prevails on liability,” the court will enter judgment for all claims.
Court: USDC Northern District of Alabama , Judge: Carney-Axon, Filed On: October 25, 2023, Case #: 7:22cv257, NOS: Other Contract - Contract, Categories: Insurance, Contract, Attorney Discipline
J. Axon dismisses a stagehand's defamation and other claims against a union related to its alleged relaying of lies about him to the director of a convention center, including a false accusation by a ballet dancer that the stagehand had stared at dancers during a performance. His claims are preempted by the Labor Management Relations Act, under which he has not made a claim.
Court: USDC Northern District of Alabama , Judge: Axon, Filed On: July 24, 2023, Case #: 2:23cv262, NOS: Labor/Management Relations - Labor, Categories: Employment, Defamation, Labor / Unions
J. Axon denies, in part, a manufacturer's motion for summary judgment seeking to limit damages in a dispute arising after a fire that halted production of cross-car beams used by Mercedes-Benz. Although a partial release limits the manufacturer's potential liability to Mercedes-Benz to $1 million, there is a question of fact whether the car maker's insurer's subrogation rights are subordinate.
Court: USDC Northern District of Alabama , Judge: Axon , Filed On: June 22, 2023, Case #: 7:22cv257, NOS: Other Contract - Contract, Categories: Insurance, Contract