20 results for 'judge:"DuBose"'.
J. DuBose denies a group of residents’ motion for a preliminary injunction in the civil rights lawsuit against the town council members. The residents allege the town has been operating a “hand-me-down governance” system at least since the mid-1960s, where no regular municipal election for the mayor or council have been held. The council members held a secret meeting where they reappointed themselves in order to prevent the residents from electing a majority Black council. The residents are likely to succeed on the merits of their constitutional claim, which would satisfy the first prerequisite for the preliminary injunctive relief, but at this point of proceedings they have failed to show they will suffer an irreparable harm. The court scheduled a bench trial to further address the case.
Court: USDC Southern District of Alabama, Judge: DuBose, Filed On: May 10, 2024, Case #: 2:23cv127, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Elections, Government
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
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. 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
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J. DuBose denies the homeowners their motion to dismiss an insurance company's declaratory judgment to determine the parties’ rights, duties, and obligations under a title insurance policy. The insurance company has plausibly alleged that the obligations are terminated under the terms of the policy. The underlying state court action seeking rescission is still ongoing, so the stay motion will be granted based on ripeness grounds.
Court: USDC Southern District of Alabama, Judge: DuBose, Filed On: September 20, 2023, Case #: 1:23cv32, NOS: All Other Real Property - Real Property, Categories: Civil Procedure, Insurance, Real Estate
J. DuBose grants in part two manufacturers’ motion for summary judgment on property owners’ negligence, warranty and other class claims related to allegedly defective Chinese-manufactured drywall. “Plaintiffs’ damages are limited to the diminution in value of their property, but costs of remediation are admissible to show such.”
Court: USDC Southern District of Alabama, Judge: DuBose, Filed On: September 7, 2023, Case #: 1:21cv447, NOS: Property Damage Product Liability - Torts - Personal Property, Categories: Product Liability, Warranty, Class Action
J. DuBose awards $119,040 in attorney fees, $5,138 in cost and expenses, and $2,100 in fees for the appellate paralegal after the individual prevailed in her civil rights claims against an arresting officer.
Court: USDC Southern District of Alabama, Judge: DuBose, Filed On: August 16, 2023, Case #: 1:19cv854, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Attorney Fees
J. DuBose grants, in part, a group of employees' motion to amend their complaint to add additional claims to their discrimination case arising from their employer's Covid-19 vaccination policy. They have plausibly alleged their invasion of privacy claim to support inclusion in their action.
Court: USDC Southern District of Alabama, Judge: DuBose, Filed On: June 7, 2023, Case #: 1:22cv267, NOS: Employment - Civil Rights, Categories: Privacy, Covid-19, Employment Discrimination