20 results for 'judge:"Lipman"'.
J. Lipman grants customers’ unopposed motion for final approval of the proposed settlement in this case involving allegations that Family Dollar stores sold products “contaminated by a rodent infestation.” The proposed settlement was preliminarily approved, and the court now finds that notice to the class members was successful. The court will also deny without prejudice the customers’ motion for attorney fees, based on their failure to comply with certain local rules.
Court: USDC Western District of Tennessee , Judge: Lipman, Filed On: May 6, 2024, Case #: 2:22cv2138, NOS: Other Fraud - Torts - Personal Property, Categories: Settlements, Attorney Fees, Class Action
J. Lipman grants in part an apartment company’s motion for sanctions of judgment and permanent injunction against the pro se defendant in this suit alleging defamation, negligence per se and violations of Tennessee’s Consumer Protection Act. Judgment is granted for the apartment company, and a permanent injunction is issued with limitations that ensure that the individual defendant’s “First Amendment rights are protected.”
Court: USDC Western District of Tennessee , Judge: Lipman, Filed On: May 6, 2024, Case #: 2:23cv2186, NOS: Trademark - Property Rights, Categories: Civil Procedure, Sanctions, Defamation
[Consolidated.] J. Lipman denies the laboratory company's summary judgment motion and partially grants the government defendant's competing motion in this lawsuit concerning the company's reimbursements "received on Medicare Part B claims" and an auditor's conclusions that the company was overpaid. The court concludes that the two counts regarding "a potential due process violation around the universe of claims and the failure to include zero-paid claims in the sampling" should be dismissed.
Court: USDC Western District of Tennessee , Judge: Lipman, Filed On: March 26, 2024, Case #: 2:22cv2770, NOS: Medicare Act - Contract, Categories: Government, Health Care
J. Lipman partially grants the plaintiff company's motion for a preliminary injunction in this lawsuit brought under the Lanham Act and the Tennessee Consumer Protection Act, alleging that a former employee "engaged in a variety of tortious activities" against the company. The company's motion is granted as to its negligence per se and defamation claims, as the company is likely to succeed on the merits of those claims and the issuance of an injunction will "also serve the public interest."
Court: USDC Western District of Tennessee , Judge: Lipman, Filed On: March 19, 2024, Case #: 2:23cv2186, NOS: Trademark - Property Rights, Categories: Civil Procedure, Negligence, Defamation
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J. Lipman mostly denies the Varsity defendants' motion to exclude certain expert testimony in this antitrust lawsuit regarding the cheerleading industry, specifically concerning the prices associated with "competitive cheerleading competitions and camps." The defendants have not shown that the expert's methodology "in defining the cheer competition market" is unreliable. Their motion is granted, however, as to the expert's opinions "regarding Varsity's intent."
Court: USDC Western District of Tennessee , Judge: Lipman, Filed On: March 6, 2024, Case #: 2:20cv2892, NOS: Antitrust - Other Suits, Categories: Antitrust, Experts
J. Lipman mostly denies the Varsity defendants' motion to exclude certain expert testimony in this antitrust lawsuit involving the cheerleading industry. The Varsity defendants' argument concerning the data used "to calculate relevant sales is a factual dispute suitable for cross-examination." Their motion is granted, however, as to the expert's "damages calculations for states in which Indirect Purchasers are not pursuing damages."
Court: USDC Western District of Tennessee , Judge: Lipman, Filed On: March 6, 2024, Case #: 2:20cv2892, NOS: Antitrust - Other Suits, Categories: Antitrust, Damages, Experts
J. Lipman mostly denies the cheerleading defendants' motion to exclude certain expert testimony in this antitrust class action involving the cheerleading industry, specifically regarding the prices paid to participate in "competitive cheerleading competitions and camps." The economic expert's opinions are mostly admissible, as the defendants have not shown that her methodology for defining relevant markets is unreliable. The motion is granted, however, as to "her opinions regarding Varsity's motives."
Court: USDC Western District of Tennessee , Judge: Lipman, Filed On: February 28, 2024, Case #: 2:20cv2892, NOS: Antitrust - Other Suits, Categories: Antitrust, Experts, Class Action
J. Lipman grants the parking lot owner's motion for summary judgment in this premises liability lawsuit stemming from an alleged trip and fall on an adjacent sidewalk. The record shows that the parking lot owner did not own the public sidewalk and did not make any repairs or modifications to the sidewalk. Under Tennessee law "municipalities are the proper defendants in factual scenarios" like the one alleged here. Also, a city sidewalk ordinance does not create a duty owed to the litigant.
Court: USDC Western District of Tennessee , Judge: Lipman, Filed On: January 11, 2024, Case #: 2:23cv2113, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Tort, Premises Liability
J. Lipman dismisses this proposed class action seeking "judicial review of a final agency action by the United States Department of Agriculture," specifically in connection with its Discrimination Financial Assistance Program and the implementation of the Inflation Reduction Act. The plaintiff claimants seek injunctive relief to require the acceptance of legacy applications and to apply the process to housing loans. However, the agency's exclusion of those applications is proper, based on the statutory language.
Court: USDC Western District of Tennessee , Judge: Lipman, Filed On: January 9, 2024, Case #: 2:23cv2527, NOS: Administrative Procedure Act/Review or Appeal of Agency Decision - Other Suits, Categories: Agriculture, Class Action
J. Lipman grants the customers' motion for preliminary approval of a consolidated class action settlement in this negligence case concerning an alleged rodent infestation at a Family Dollar distribution center, which resulted in a voluntary recall of certain products. The objections raised by the State of Arkansas, which intervened in the case, are overruled. The Arkansas Deceptive Trade Practices Act does not prohibit class settlements, and the settlement is not deficient.
Court: USDC Western District of Tennessee , Judge: Lipman, Filed On: October 27, 2023, Case #: 2:22cv2138, NOS: Other Fraud - Torts - Personal Property, Categories: Settlements, Consumer Law, Class Action
J. Lipman approves the proposed settlement in this antitrust case alleging that the Varsity defendants "maintained monopoly power" in the all-star cheerleading market. The court finds the settlement to be "fair, reasonable and adequate, and in the best interest of the Settlement Classes." The direct purchaser plaintiffs' motion for attorney fees will also be granted.
Court: USDC Western District of Tennessee , Judge: Lipman, Filed On: October 4, 2023, Case #: 2:20cv2600, NOS: Antitrust - Other Suits, Categories: Antitrust, Settlements, Attorney Fees
J. Lipman grants the indirect purchasers' motion to reconsider certain rulings in this putative class action alleging that the defendant cheerleading company charged "artificially inflated prices for goods and services, including enrollment in cheer competitions." On reconsideration, the court again dismisses their Tennessee Trade Practices Act claims "as to the Camp and Competition markets."
Court: USDC Western District of Tennessee , Judge: Lipman, Filed On: August 31, 2023, Case #: 2:20cv2892, NOS: Antitrust - Other Suits, Categories: Antitrust, Class Action
J. Lipman grants a motion to intervene filed by the State of Arkansas in this consolidated class action alleging that Family Dollar negligently sold products that had been "contaminated by a rodent infestation." The allegations pertain to a distribution center located in West Memphis, Arkansas, and the state's motion to intervene is timely. Also, the state has a legal interest in the case, specifically as to enforcement of the Arkansas Deceptive Trade Practices Act.
Court: USDC Western District of Tennessee , Judge: Lipman, Filed On: August 30, 2023, Case #: 2:22cv2138, NOS: Other Fraud - Torts - Personal Property, Categories: Trade, Negligence, Class Action
J. Lipman grants the motion to dissolve a temporary restraining order in this lawsuit involving certain noncompete agreements. The plaintiff medical equipment company, which brought the suit against two former employees and their new employer, fails to show "the need for continued injunctive relief on a temporary basis." The evidence does not show that the term "customer," as used within the agreements, was meant to include hospitals or medical facilities.
Court: USDC Western District of Tennessee , Judge: Lipman, Filed On: June 13, 2023, Case #: 2:23cv2344, NOS: Other Contract - Contract, Categories: Employment, Contract, Injunction