10 results for 'judge:"Haikala"'.
J. Haikala grants the sheriff’s motion for summary judgment in this employment dispute brought by a Black male lieutenant who sought to transfer from another agency. The sheriff offered the lieutenant a job but explained he would have to take a demotion. The lieutenant agreed, but later discovered that a Black female and white male or female employees did the same thing but were not demoted. The lieutenant fails to show evidence in which a reasonable jury could agree he was discriminated against based on his gender or race.
Court: USDC Northern District of Alabama , Judge: Haikala, Filed On: March 28, 2024, Case #: 2:20cv725, NOS: Employment - Civil Rights, Categories: Employment Discrimination
J. Haikala denies a subdivision developer’s motion for summary judgment in this construction dispute against a home builder for construction defects, being unlicensed and not paying subcontractors. The parties entered into a contract for the construction company to take over the project in a new subdivision. The subdivision developer failed to show that the builder’s non-licensure at the time the agreement was finalized keeps it from winning its counterclaims.
Court: USDC Northern District of Alabama , Judge: Haikala, Filed On: March 13, 2024, Case #: 5:22cv779, NOS: Other Contract - Contract, Categories: Licensing, Contract
J. Haikala holds that an insured's breach of contract action is not barred by a policy's two-year limitations period, as the state law six-year limitations period applies to insurance contracts. Also, issues of fact about how a fire at the insured's property started preclude the insurer's arson defense.
Court: USDC Northern District of Alabama , Judge: Haikala, Filed On: March 8, 2024, Case #: 3:22cv449, NOS: Insurance - Contract, Categories: Insurance
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J. Haikala awards default judgment in favor of the pay-per-view fight licensing company, ruling it is entitled to $63,000 in enhanced damages against the bar owner who broadcasted the copyrighted fight for patrons without first purchasing a license. The licensing company is entitled to attorney fees of $1,500 and other cost in the amount of $877.
Court: USDC Northern District of Alabama , Judge: Haikala, Filed On: January 3, 2024, Case #: 2:22cv1471, NOS: Cable/Sat TV - Other Suits, Categories: Damages, Attorney Fees
[Consolidated.] J. Haikala grants, in part, the county commission and its individual commissioners’ motions to dismiss claims brought by group of voters alleging the redistricting plan constitutes racial gerrymandering. The commissioners argue they should be dismissed in their official capacities because “local government units can be sued directly.” Therefore, the commissioners in their official capacities are dismissed because a jury could find the action redundant and confusing. The voters’ motion for preliminary injunction is denied and the claims against the commission will proceed. The parties are ordered to meet and confer before the scheduling conference.
Court: USDC Northern District of Alabama , Judge: Haikala, Filed On: December 19, 2023, Case #: 2:23cv443, NOS: Voting - Civil Rights, Categories: Civil Rights, Elections, Government
J. Haikala grants an individual's motion to exclude a marine officer's opinion testimony in a negligence case arising from a Sea-Doo collision, which injured the individual and killed a woman. The officer's opinion regarding the cause of the individual's injuries and his "guesstimates about angles of impact and other unscientific conclusions" that lead him to believe the individual was operating the Sea-Doo at the time of the accident are unreliable.
Court: USDC Northern District of Alabama , Judge: Haikala, Filed On: May 27, 2023, Case #: 5:22cv10, NOS: Other Statutory Actions - Other Suits, Categories: Evidence, Maritime, Negligence