14 results for 'judge:"Fowlkes"'.
J. Fowlkes dismisses this legal malpractice lawsuit for failure to state a claim and denies the pro se plaintiff’s motion for leave to amend, calling such an effort futile. The malpractice claim allegedly stems from the defendant attorney’s legal representation in an underlying criminal case. However, the plaintiff has failed to show “that he has obtained post-conviction relief,” and his amended complaint also fails to show why the case should not be dismissed.
Court: USDC Western District of Tennessee , Judge: Fowlkes, Filed On: May 8, 2024, Case #: 2:20cv2174, NOS: Mandamus & Other - Habeas Corpus, Categories: Civil Procedure, Evidence, Legal Malpractice
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. 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
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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. Fowlkes dismisses this lawsuit regarding an alleged public nuisance with prejudice, based on the pro se plaintiff's failure to state a claim. The pro se plaintiff is entitled to represent herself, but she cannot represent any organizations, as she is not an attorney. Also, she lacks standing to assert her substantive claims, as she does not have an interest in the property.
Court: USDC Western District of Tennessee , Judge: Fowlkes, Filed On: February 9, 2024, Case #: 2:23cv2436, NOS: Other Contract - Contract, Categories: Civil Procedure, Real Estate
J. Fowlkes dismisses the asylum seeker's lawsuit against the U.S. Citizenship and Immigration Services alleging violations of the Immigration and Nationality Act, as well as the Administrative Procedure Act, after he applied for asylum in 2019 and has yet to receive an interview. The court has jurisdiction over the APA claim and determines that the delay in processing his application, though "significant," is not unreasonable.
Court: USDC Western District of Tennessee , Judge: Fowlkes, Filed On: December 14, 2023, Case #: 2:23cv2329, NOS: Other Immigration Actions - Immigration, Categories: Administrative Law, Immigration
J. Fowlkes adopts the recommendation of the magistrate judge and grants the transportation defendants' three dispositive motions in this lawsuit brought by a former bus driver, who was allegedly terminated following a traffic accident and now asserts claims for age and gender discrimination. The driver's claims are dismissed against the supervisor, because the cited statutes "do not allow for individual liability." Additionally, the driver fails to establish a prima facie case of discrimination.
Court: USDC Western District of Tennessee , Judge: Fowlkes, Filed On: August 10, 2023, Case #: 2:22cv2069, NOS: Employment - Civil Rights, Categories: Civil Procedure, Employment Discrimination
J. Fowlkes denies the defendant supplier's motion to stay and refer the matter to the Surface Transportation Board for resolution of certain questions. The case concerns a "complex commercial dispute between three parties, each representing a different step in the railroad supply chain." The plaintiff railroad contends that the defendants are liable for certain "unpaid demurrage charges." Referral to the board would be premature at this point, as the questions at issue involve "facts not established in the record."
Court: USDC Western District of Tennessee , Judge: Fowlkes, Filed On: July 11, 2023, Case #: 2:22cv2525, NOS: Other Statutory Actions - Other Suits, Categories: Civil Procedure, Transportation
J. Fowlkes denies a motion to enforce the settlement agreement in this collective action brought under the Fair Labor Standards Act. The dispute involves an alleged failure to remit payment to certain opt-in plaintiffs. However, the defendant entities have not breached the agreement, as the claimants "failed to submit valid claims under the terms of the Settlement Agreement."
Court: USDC Western District of Tennessee , Judge: Fowlkes, Filed On: May 31, 2023, Case #: 2:13cv2767, NOS: Fair Labor Standards Act - Labor, Categories: Settlements, Class Action, Labor