20 results for 'judge:"Coogler"'.
J. Coogler denies the defendant’s motion to dismiss in this lawsuit arising from a fatal shooting outside a club known as “The Strip” in downtown Tuscaloosa, Alabama; the suing estate alleges the defendant negligently and wantonly caused the decedent’s death by bringing the gun to an argument between the decedent and defendant’s friend, who shot the man dead. The defendant argues he cannot be held legally liable for causing a shooting committed by another person, but the court finds he did in fact have a duty of care, and the allegations leave enough room for reasonable difference of opinion for a jury to see the foreseeability of the injury.
Court: USDC Northern District of Alabama , Judge: Coogler, Filed On: April 24, 2024, Case #: 7:23cv1424, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Negligence, Wrongful Death, Firearms
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
J. Coogler grants summary judgment to two companies in this race discrimination and retaliation dispute brought by two former employees, both Black men, who say they were treated differently than their white coworkers, assigned fewer desirable jobs and denied training. The Black employees were terminated for walking off the job site after they were informed everyone had to take a drug test. One of the white coworkers, who also left, was allowed back at work the following day. The court sees no dispute of fact or evidence that there was an adverse reaction to discrimination or retaliation.
Court: USDC Northern District of Alabama , Judge: Coogler, Filed On: February 2, 2024, Case #: 7:22cv513, NOS: Employment - Civil Rights, Categories: Employment Discrimination, Employment Retaliation
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J. Coogler grants the school district, its board members and two bus drivers’ motion to dismiss this denial of access to courts and racial discrimination claims stemming from a car collision. Two Black women allege that a bus driver was being trained by another when the bus veered over and ran the vehicle off the road hitting a concrete barrier. The women state they would have received better treatment if they were white but, fail to support the inference of discrimination. The court denies exercising supplement jurisdiction over this case.
Court: USDC Northern District of Alabama , Judge: Coogler, Filed On: January 18, 2024, Case #: 7:23cv1082, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Vehicle, Negligence, Jurisdiction
J. Coogler certifies a class of people who were minors when they were filmed or photographed, then uploaded to a host of porn websites, including Pornhub. The parties need to meet, confer and submit a plan for the class portion of the lawsuit will proceed.
Court: USDC Northern District of Alabama , Judge: Coogler, Filed On: December 19, 2023, Case #: 7:21cv220, NOS: Other Statutory Actions - Other Suits, Categories: Tort, Class Action
J. Coogler grants, in part, cross motions for summary judgment in this Employee Retirement Income Security Act dispute against United Mine Workers by a coal miner who was injured in two accidents that were both work-related. The miner challenges the denial of his disability pension claim and seeks statutory penalties for a failure to provide in a timely manner. The trustee failed to provide “full and fair review” during the determination of disability benefits under the plan. The miner failed to properly name the party whom the penalty may be imposed. The denial of his claim is granted as to the miner and denied for the trustee; statutory penalties against the miner are denied, but granted as to the trustee.
Court: USDC Northern District of Alabama , Judge: Coogler, Filed On: December 6, 2023, Case #: 6:22cv1056, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Erisa, Pensions, Tort
J. Coogler dismisses, in part, a University of Alabama football player’s defamation and false light claims against the New York Times alleging he was involved in a shooting. The headline read, “A Fourth Alabama Player Was at a Deadly Shooting, in a Car Hit by Bullets.” The football player plausibly alleged false statements were in fact capable of contempt and public ridicule since he was a star player. He failed to prove any facts that the article was published with actual malice. The false light claim is dismissed and the defamation claim survives the motion.
Court: USDC Northern District of Alabama , Judge: Coogler, Filed On: December 6, 2023, Case #: 7:23cv692, NOS: Assault, Libel, & Slander - Torts - Personal Injury, Categories: Defamation, False Claims
J. Coogler grants the United States’ motion to dismiss a son’s civil rights action on behalf of his deceased mother’s estate, alleging that she died while incarcerated due to deliberate indifference to her medical needs. The court partially grants the individual medical and prison officials’ motion to dismiss all claims but the deliberate indifference to medical needs claim. It is not clear if the clear medical records appeared in the doctor’s files on the decedent. The son is granted leave to file an amended complaint as to the remaining officials and medical staff.
Court: USDC Northern District of Alabama , Judge: Coogler, Filed On: December 5, 2023, Case #: 7:20cv383, NOS: Other Civil Rights - Civil Rights, Categories: Wrongful Death, Medical Malpractice
J. Coogler denies a private school’s motion to remand for lack of subject matter jurisdiction. The court realigns from this point forward to change an individual defendant into a plaintiff in this suit, which involves the individual making class claims that the school misused her personal information. The realignment establishes complete diversity of citizenship, leaving the court with subject matter jurisdiction.
Court: USDC Northern District of Alabama , Judge: Coogler, Filed On: October 17, 2023, Case #: 7:23cv817, NOS: Insurance - Contract, Categories: Education, Insurance, Jurisdiction
J. Coogler finds the district court improperly sentenced defendant to 20 years' imprisonment after he violated a three-year probation term implemented in 2017 when he pleaded guilty to wire fraud by getting convicted in Florida state court of second-degree murder. The government did not give a specific reason on the record for why it was going so far beyond the guideline sentencing range of 12 to 18 months when sentencing defendant, so it is required that the sentence is vacated and the case is remanded for re-sentencing.
Court: 11th Circuit, Judge: Coogler, Filed On: October 3, 2023, Case #: 22-10742, Categories: Murder, Probation, Sentencing
[Consolidated.] J. Coogler grants the county defendants and federal defendants dismissal of the homeowners' property damage claims they say stems from a poorly placed storm drainage system. The homeowners claim that the placement of the storm drain contributed to the slope failure that damaged their homes and that the damage results in a "taking" of their property by the county defendants. However, these allegations do not show that the county defendants engaged in any conduct that would legally constitute a "taking." The court lacks subject matter jurisdiction over the claims against the federal defendants.
Court: USDC Northern District of Alabama , Judge: Coogler, Filed On: September 26, 2023, Case #: 7:23cv314, NOS: Torts to Land - Real Property, Categories: Government, Property, Tort
J. Coogler grants Pickens County Commission's motion for summary judgment following allegations of race discrimination brought by a Black female clerical employee. The employee argues that two co-workers of a different race received higher raises than her, but she has no evidence to prove this. Furthermore, those co-workers had "different work experience, different job duties, and different job titles," so they were not similarly situated in all material respects.
Court: USDC Northern District of Alabama , Judge: Coogler, Filed On: September 26, 2023, Case #: 7:20cv1922, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination
J. Coogler refuses to find for a property management company on a 72-year-old disabled veteran's housing case, in which he claims his landlord refuses to accept his Section 8 housing vouchers. The veteran's request is reasonable, as he is not asking for lower rent, but only asking the landlord to accept that part of his rent is paid by the local housing authority.
Court: USDC Northern District of Alabama , Judge: Coogler, Filed On: June 28, 2023, Case #: 2:22cv254, NOS: Housing/Accommodations - Civil Rights, Categories: Landlord Tenant, Housing