9 results for 'judge:"Manasco"'.
J. Manasco denies a logistics company’s renewed motion for judgment as a matter of law and its motion for a new trial; grants in part its motion for a remittitur in this ADA and FMLA employment dispute brought by a former employee. The evidence presented to the jury was sufficient enough to show the company’s failure to notify the employee of his FMLA interference claim. The company argues that the jury’s verdicts for FMLA interference and retaliation claims were inconsistent and irreconcilable because the employee failed to give proper notice of his surgery. The jury’s award of compensatory and punitive damages for the ADA claims is to be reduced and may not exceed $300,000. The court grants the employee’s motion for attorney fees and expenses and his motion to alter or amend the final judgment. The employee is awarded $210,560 in attorney fees and $10,822.71 in expenses.
Court: USDC Northern District of Alabama , Judge: Manasco, Filed On: March 27, 2024, Case #: 2:20cv543, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Ada / Rehabilitation Act, Attorney Fees, Employment Retaliation
[Consolidated.] J. Manasco grants summary judgment to Adamsville, Alabama, and a police lieutenant in this race discrimination lawsuit filed by a Black police sergeant and Black police officer The sergeant states he was harassed by the lieutenant, who told plaintiff he “walked like a faggot,” as well as other disparaging comments. The officer states he worked in the jail and fired when he was forced to use force on an inmate who was not cooperating. The city argues that both employees violated the use of force protocol which was captured on video which was part of their proffered reasons for termination. Therefore, the investigations do not show an adverse action and no reasonable jury could not find that the sergeant and officer were wrongfully terminated or discriminated against.
Court: USDC Northern District of Alabama , Judge: Manasco, Filed On: March 21, 2024, Case #: 2:21cv1608, NOS: Employment - Civil Rights, Categories: Employment Discrimination, Employment Retaliation
J. Manasco grants Birmingham, Alabama’s motion for summary judgment in this employment dispute brought by a white former employee who worked as a police officer and was unable to wear a face mask while working due to a feeling of suffocation related to his PTSD from the Army. He felt singled out because the Black officers who did not wear masks were not disciplined and, despite providing a note for accommodations from his doctor, he was reassigned from patrol duty to the city jail. The city did not fail to accommodate because the employee was not required to wear the mask in the jail. The employee fails to show any adverse reaction to discrimination and retaliation claims.
Court: USDC Northern District of Alabama , Judge: Manasco, Filed On: March 18, 2024, Case #: 2:21cv902, NOS: Employment - Civil Rights, Categories: Employment Discrimination, Employment Retaliation
J. Manasco grants summary judgment in favor of the bank, an investment firm and insurance company in this dispute brought by an estate and its administrator. The administrator alleges that he has not received the settlement agreement compensation, nor did he sign the agreement. The bank, investment firm and insurer provided evidence that the agreement in enforceable and they complied with the terms. The administrator failed to provide any evidence that would be contrary. This case is ordered to be closed and all of the estate and its administrator’s motions be denied as moot.
Court: USDC Northern District of Alabama , Judge: Manasco, Filed On: March 14, 2024, Case #: 2:23cv173, NOS: Insurance - Contract, Categories: Insurance, Settlements, Banking / Lending
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J. Manasco grants a mortgage company’s motion for summary judgment in this personal injury lawsuit brought by a couple after the husband was injured when the brick on the stairs collapsed, causing him to fall and land on a stake sticking up out of the ground. The couple claims negligence, wantonness and loss of consortium, but lack enough evidence of the mortgagor’s culpable knowledge on any of those claims.
Court: USDC Northern District of Alabama , Judge: Manasco, Filed On: March 12, 2024, Case #: 2:21cv1417, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Evidence, Negligence, Premises Liability
J. Manasco grants summary judgment in favor of a bank in this mortgage lien counterclaim against a property owner. It is undisputed that the parties submitted evidence confirming the bank did in fact make the mistake when the property owner canceled the loan by email. The court orders a $289,939.28 money judgment in favor of the bank. The property owner’s motion for summary judgment is denied as moot.
Court: USDC Northern District of Alabama , Judge: Manasco, Filed On: March 5, 2024, Case #: 2:22cv63 , NOS: Other Contract - Contract, Categories: Property, Banking / Lending
J. Manasco finds that the district court properly abstained from exercising jurisdiction over a fraud and RICO action brought by the property owners against the bank arising from a dispute over the validity of a mortgage and an allegedly false promissory note. The district court correctly stayed the federal case pending conclusion of a related state court foreclosure action. Both cases involve similar parties and substantially similar issues related to the validity of the note and the existence of a lien on the property. Affirmed.
Court: 11th Circuit, Judge: Manasco, Filed On: January 4, 2024, Case #: 22-11355, Categories: Fraud, Jurisdiction, Racketeering