32 results for 'judge:"Marks"'.
J. Marks grants a pharmaceutical company’s motion for judgment on the pleadings on this pharmaceutical product liability lawsuit brought by a cancer patient allegation that the chemotherapy medication Taxotre resulted in her permanent hair loss. The patient claims strict products liability failure to warn, negligence, negligent misrepresentation, fraudulent misrepresentation, fraudulent concealment, and fraud and deceit. She failed to properly plead her fraud claims with particularity and filed this case outside the two-year statute of limitations.
Court: USDC Middle District of Alabama, Judge: Marks, Filed On: May 7, 2024, Case #: 3:23cv649, NOS: Personal Injury - Health Care/Pharmaceutical Personal Injury/Product Liability - Torts - Personal Injury, Categories: Health Care, Product Liability
J. Marks partially grants the city and three officers’ motion to dismiss this civil rights lawsuit brought by a Georgia resident, who is a Black woman. The citizen was traveling with her child in the backseat when an officer pulled her over for allegedly not using a turn signal; she was arrested and charged with resisting arrest and disorderly conduct. She alleges race discrimination, malicious prosecution and negligence claims. The city’s motion to dismiss is dismissed with prejudice on all claims. The officers are not entitled to qualified immunity or state agent immunity. The officer who made the stop’s motion to dismiss is denied, while the other officers are dismissed from the race discrimination, negligence and wantonness claims.
Court: USDC Middle District of Alabama, Judge: Marks, Filed On: March 29, 2024, Case #: 1:22cv418, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Negligence, Police Misconduct
J. Marks grants, in part, the mayor’s motion to dismiss this employment dispute brought by a former employee of the police department who is a white woman. The employee alleges she was forced to retire due to ongoing “discrimination, harassment, retaliation and bullying,” and she brings numerous claims, including equal protection, conspiracy, invasion of privacy and defamation. The court finds the intercorporate conspiracy doctrine prohibits the conspiracy claim. All other claims proceed.
Court: USDC Middle District of Alabama, Judge: Marks, Filed On: March 29, 2024, Case #: 2:22cv458, NOS: Employment - Civil Rights, Categories: Employment Discrimination, Employment Retaliation
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J. Marks grants a consumer’s motion for default judgment in this Federal Odometer Act suit against an automotive sales company. The consumer alleges when he purchased the vehicle that the actual mileage on the dash was 66,125 miles, but he later found out it had over 100,000 miles. He does in fact establish the liability claim for false mileage certification in violation of the Act. The court dismisses most other claims for fraud, negligence and breach of fiduciary duty.
Court: USDC Middle District of Alabama, Judge: Marks, Filed On: March 26, 2024, Case #: 1:22cv66, NOS: Other Fraud - Torts - Personal Property, Categories: Evidence, Fraud, Product Liability
J. Marks denies an employer's motion for renewed judgment on liability and punitive damages after a former employee was awarded $811,000 in a race discrimination action. The employee's claim that a facially-neutral grooming policy was unevenly applied to African Americans with dreadlocks was supported by legally sufficient evidence and a reasonable jury could find its application was discriminatory. The damages award stands because the employer failed to argue at trial that the actions of the supervisor who sidelined the employee could not be pinned on the employer.
Court: USDC Middle District of Alabama, Judge: Marks, Filed On: March 11, 2024, Case #: 2:19cv767, NOS: Other Civil Rights - Civil Rights, Categories: Employment, Damages
J. Marks grants summary judgment in favor of the board of education in this case brought by a mother regarding her minor child. The mother alleged that the school failed to provide a free appropriate public education, address all disabilities and develop an education plan to help the child succeed academically. The court finds the mother failed to present evidence to show the child was denied a free and appropriate education.
Court: USDC Middle District of Alabama, Judge: Marks, Filed On: February 16, 2024, Case #: 2:22cv705, NOS: Education - Civil Rights, Categories: Education, Evidence
J. Marks declines to grant judgment on the pleadings in favor of four people involved in a car wreck, who challenge the insurer’s declaratory judgment action seeking a decision that it has no obligation to defend or indemnify the insureds in the underlying lawsuit. One insured person’s son was driving at the time, caused the car collision and was not listed as a driver on the policy.
Court: USDC Middle District of Alabama, Judge: Marks, Filed On: February 16, 2024, Case #: 1:22cv197, NOS: Insurance - Contract, Categories: Insurance, Vehicle, Indemnification
J. Marks grants, in part, Hyundai’s motion for summary judgment in this ADA employment dispute brought by a former employee. The employee alleges Hyundai failed to accommodate after she disclosed, she had shoulder, back, neurological issues and her doctor advised her to not step on or off of a moving platform in the manufacturing facility. The overhead restrictions cannot be sustained for ADA because it falls short of the four process requirements, and her back and neurological issues accommodations note had expired. Therefore, the failure to accommodate and wrongful termination due to an actual disability is dismissed. Her motion to exclude an affidavit testimony is denied as moot. Hyundai’s motion to strike the EEOC position statement is denied. The claims of wrongful termination based on a perceived disability will proceed for the jury to determine.
Court: USDC Middle District of Alabama, Judge: Marks, Filed On: February 7, 2024, Case #: 2:22cv530, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Ada / Rehabilitation Act, Employment, Experts
J. Marks denies a U.S. Army pilot and co-copilot’s motion to remand this product liability personal injury claim against several helicopter companies. The pilot and co-copilot were on active duty when a UH-72A Lakota helicopter designed, manufactured and sold by the companies experienced both engines to fail during and uncontrollably descended and crashed. The companies removed the case from an Alabama circuit court to this court. One firm, M1 Support Services, has a “casual connection” between its behavior and the claims, and acted as a federal office or agency with the U.S. Army. Therefore, M1 can exercise federal question jurisdiction under the federal officer removal statute and the court does not address the diversity jurisdiction argument.
Court: USDC Middle District of Alabama, Judge: Marks, Filed On: February 1, 2024, Case #: 1:23cv212, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: Product Liability, Jurisdiction
J. Marks grants the federal government its motion for summary judgment in a case where a Department of Veterans Affairs employee hit a motorist’s rental car with a forklift. When the motorist filed this case, he alleged negligence and recklessness or wantonness claims, since the filing he passed away and his estate is still proceeding. The court agrees with the government that a reasonable jury would not find the motorist suffered damages as a result of this accident. The estate’s claims are dismissed.
Court: USDC Middle District of Alabama, Judge: Marks, Filed On: January 29, 2024, Case #: 3:21cv640, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Tort, Vehicle
J. Marks dismisses this contract dispute in favor of the real estate company, realtor and property management company from a couple alleging they were given a single termite report upon closing a property sale. The home in question suffered a massive termite infestation and the second termite report was never disclosed to the couple. The couple fails to plead reasonable reliance in their breach of contract, misrepresentation, suppression, deceit and conspiracy claims.
Court: USDC Middle District of Alabama, Judge: Marks, Filed On: January 5, 2024, Case #: 1:23cv184, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, Property, Real Estate
J. Marks grants a farm company and its driver’s motion for summary judgment in this dispute over insurance coverage for injuries sustained in a car collision. The married couple alleges negligent hiring, retention, monitoring, supervision or training of the driver. There is no evidence to show that the driver’s negligence was incompetent.
Court: USDC Middle District of Alabama, Judge: Marks, Filed On: November 20, 2023, Case #: 1:22cv33, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Insurance, Vehicle, Negligence
J. Marks partially grants a refrigeration company's motion for a temporary restraining order against two former employees in a misappropriation of trade secrets complaint. The employees and any other person or entity that they participate with are hereby enjoined from accessing or disclosing any more information belonging to the company or soliciting business from any person or entity of the refrigeration company. All confidential information and equipment shall be returned within 24 hours. The employees must preserve all evidence that could be relevant to this suit.
Court: USDC Middle District of Alabama, Judge: Marks, Filed On: November 17, 2023, Case #: 1:23cv667, NOS: Defend Trade Secrets Act of 2016 (DTSA) - Property Rights, Categories: Trade Secrets, Restraining Order
J. Marks grants motion for summary judgment and dismisses all of the claims brought by Nigeria against three Alabama State University employees after a dispute began over residual scholarship funds. Nigeria has failed to produce the evidence in support of the claims of declaratory judgment, negligent or wanton hiring, conversion and unjust enrichment.
Court: USDC Middle District of Alabama, Judge: Marks, Filed On: October 19, 2023, Case #: 2:21cv572, NOS: Other Contract - Contract, Categories: Education, Conversion, Contract
J. Marks finds in favor of the Department of Defense in a former teacher’s lawsuit claiming he was discriminated and retaliated against in violation of the Americans with Disabilities Act. The teacher states the department retaliated by not transferring him to another air base school and for requesting him to produce more evidence of the disability. “Being asked to produce additional paperwork, even if the request was unreasonable, does not constitute ‘adverse employment action’ under the ADA.”
Court: USDC Middle District of Alabama, Judge: Marks, Filed On: September 8, 2023, Case #: 2:21cv153, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Ada / Rehabilitation Act, Employment Discrimination, Employment Retaliation
J. Marks remands a group of individuals' negligence action against a freight hauler arising from a vehicle accident in which a tractor-trailer rear-ended a car, killing all eight minors in the vehicle. The negligent hiring and vicarious liability state law claims are not preempted by the Federal Aviation Administration Authorization Act and, therefore, the district court lacks federal-question jurisdiction.
Court: USDC Middle District of Alabama, Judge: Marks, Filed On: July 12, 2023, Case #: 2:23cv90, NOS: Commerce - Other Suits, Categories: Vehicle, Negligence, Jurisdiction
J. Marks remands a group of individuals' negligence action against a freight hauler arising from a vehicle accident in which a tractor-trailer rear-ended a car, killing all eight minors in the vehicle. The negligent hiring and vicarious liability state law claims are not preempted by the Federal Aviation Administration Authorization Act and, therefore, the district court lacks federal-question jurisdiction.
Court: USDC Middle District of Alabama, Judge: Marks, Filed On: July 12, 2023, Case #: 2:23cv104, NOS: Commerce - Other Suits, Categories: Vehicle, Negligence, Jurisdiction