25 results for 'judge:"Stivers"'.
J. Stivers grants the employer's motion for summary judgment on a former employee's discrimination action. The worker, who identifies as American Indian, failed to receive workers compensation, was passed over for a promotion and later discovered that he was the lowest paid person on his team despite having a college degree. Allegations, including having been required to work 12-hour shifts, do not fit factors established by the Sixth Circuit, and the former employee fails to establish a case for discrimination. He has failed to show the employer instituted conditions to make him quit.
Court: USDC Western District of Kentucky, Judge: Stivers , Filed On: March 15, 2024, Case #: 5:22cv33, NOS: Other Civil Rights - Civil Rights, Categories: Native Americans, Employment Discrimination
J. Stivers rules in part for the Marker's Mark whiskey distillery regarding evidence in a trademark claims contending defendant sold cigars in violation of the Maker's Mark trademark following termination of the licensing agreement. However, the survey performed by an expert witness to demonstrate the similarities between the cigars should be excluded because the expert did not establish the results were reliable.
Court: USDC Western District of Kentucky, Judge: Stivers, Filed On: March 5, 2024, Case #: 3:19cv14, NOS: Trademark - Property Rights, Categories: Evidence, Trademark, Experts
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J. Stivers rules in part for plaintiffs regarding evidence in civil rights and wrongful imprisonment claims by limiting an expert to testimony concerning general probable cause and barring him from offering legal conclusions. Meanwhile, another expert is entirely barred from testifying because police defendants failed to establish he is qualified to discuss the location of the murder victim's death based on the onset of rigor mortis.
Court: USDC Western District of Kentucky, Judge: Stivers, Filed On: January 4, 2024, Case #: 3:17cv419, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Experts