77 results for 'judge:"Trauger"'.
J. Trauger transfers this action to the Middle District of Florida based on the pro se plaintiff's place of residence. The complaint, which was filed against Sean "P. Diddy" Combs and other entertainment entities, fails to show a connection to the Middle District of Tennessee. Accordingly, the court concludes that venue is improper.
Court: USDC Middle District of Tennessee , Judge: Trauger, Filed On: May 3, 2024, Case #: 3:24cv158, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Civil Procedure, Venue
J. Trauger grants the restaurant defendants' motion for summary judgment in this lawsuit brought by a former employee alleging age discrimination in connection with his termination. The former employee, who worked as a general manager, fails to show that his termination was due to his age. The defendants cited "his restaurant's culture, as evidenced by the complaints," and he does not establish that the reason was pretext for discrimination.
Court: USDC Middle District of Tennessee , Judge: Trauger, Filed On: April 25, 2024, Case #: 3:22cv885, NOS: Employment - Civil Rights, Categories: Civil Rights, Evidence, Employment Discrimination
J. Trauger partially grants the pharmacy defendants' dismissal motion in this lawsuit seeking injunctive relief against a former employee who allegedly went to work for a direct competitor. The dismissal motion is granted as to two of the plaintiff companies, as the complaint "fails to state a claim on behalf of these entities for which relief may be granted." The court additionally finds that the remaining plaintiffs are entitled to a preliminary injunction, based on the relevant factors.
Court: USDC Middle District of Tennessee , Judge: Trauger, Filed On: April 24, 2024, Case #: 3:23cv1217, NOS: Other Contract - Contract, Categories: Interference With Contract, Contract
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J. Trauger grants the former employer's motion for summary judgment and dismisses this lawsuit alleging a failure to accommodate and disability discrimination under the Americans with Disabilities Act. The former employee, who allegedly wanted space in the back of business to store her oxygen tank, testified that she was never actually denied "an accommodation that she sought." Instead, she bases her claim on an allegation that she was not told when or where to clear the space. The court concludes that her requested accommodation was in fact granted, and also, her complaint regarding breaks is not supported by the evidence.
Court: USDC Middle District of Tennessee , Judge: Trauger, Filed On: April 10, 2024, Case #: 3:22cv874, NOS: Employment - Civil Rights, Categories: Ada / Rehabilitation Act, Employment Discrimination, Employment Retaliation
J. Trauger grants in part the third-party defendant's dismissal motion in this dispute involving alleged violations of the Fair Housing Act at an apartment complex. The third-party complaint, which was brought by the previous property owner and a developer, alleges that the architect had a duty to design the property in compliance "with all applicable codes, rules, and regulations" and asserts claims for indemnification and breach of contract. The state law claim for equitable indemnification is dismissed, as "it is preempted under the FHA." The equitable contribution claim is not preempted, however, and it survives dismissal.
Court: USDC Middle District of Tennessee , Judge: Trauger, Filed On: April 9, 2024, Case #: 3:23cv297, NOS: Housing/Accommodations - Civil Rights, Categories: Civil Procedure, Housing, Indemnification
J. Trauger denies the Starstruck Entertainment defendants' motion for summary judgment in this lawsuit brought by a land owner seeking to challenge the cancellation of his trademark registration for the word mark "Starstruck Farm," in connection with a piece of land that was allegedly previously owned by Reba McEntire and her then-husband Narvel Blackstock. Starstruck Entertainment, which was founded by the couple, is now "operated by Blackstock alone," and the associated trust holds a trademark registration for the word mark "Starstruck." The Starstruck Entertainment defendants, which are no longer affiliated with McEntire, have shown "some evidence that is supportive of cancellation," but the court concludes that there are issues of fact precluding summary judgment.
Court: USDC Middle District of Tennessee , Judge: Trauger, Filed On: April 2, 2024, Case #: 3:23cv44, NOS: Trademark - Property Rights, Categories: Civil Procedure, Trademark
J. Trauger denies the fencing defendants' motions to compel arbitration of the claims in this lawsuit alleging that a fencing student was sexually abused by her fencing coach while the student was a minor. The U.S. Fencing Association, which is the "national governing body for the sport," contends that the organization's membership waiver contains an arbitration clause. However, as the plaintiffs argue, the organization litigated the case "for nearly a year before ever raising the issue of arbitration." The court concludes that the governing organization acted inconsistently "with an intention to arbitrate."
Court: USDC Middle District of Tennessee , Judge: Trauger, Filed On: April 2, 2024, Case #: 3:22cv560, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Arbitration, Civil Procedure, Emotional Distress
J. Trauger partially grants the defendants' summary judgment motion in this lawsuit brought by a Tennessee insurance agency and its owner, alleging breach of an oral agreement, as well as a written nondisclosure agreement, in connection with the purchase of premium financed life insurance policies. The defendants' motion is granted as to the alleged breach of an oral commission agreement and the breach of fiduciary duty claim. The plaintiffs' claim regarding the nondisclosure agreement remains pending against the corporate defendant.
Court: USDC Middle District of Tennessee , Judge: Trauger, Filed On: March 15, 2024, Case #: 3:19cv964, NOS: Other Contract - Contract, Categories: Civil Procedure, Insurance, Fiduciary Duty
J. Trauger grants the media defendants' dismissal motion in this defamation lawsuit brought by an attorney alleging that a pair of articles placed him "in a false light." The articles concerned the attorney's role in a separate lawsuit against the National Rifle Association. Certain statements and implications "are protected by the fair report privilege," however, while others are "not capable of conveying a defamatory meaning."
Court: USDC Middle District of Tennessee , Judge: Trauger, Filed On: March 15, 2024, Case #: 3:22cv1017, NOS: Assault, Libel, & Slander - Torts - Personal Injury, Categories: Communications, Defamation, Privilege
J. Trauger grants in part the plaintiff company's motion for a preliminary injunction and partial motion to dismiss certain counterclaims in this trademark dispute between competing epoxy sellers. The court will grant limited injunctive relief related to the use of the phrase "ultra clear epoxy" in online advertisements. The counterclaims for deceptive trade practices are also dismissed.
Court: USDC Middle District of Tennessee , Judge: Trauger, Filed On: March 6, 2024, Case #: 3:23cv715, NOS: Trademark - Property Rights, Categories: Trademark, Consumer Law
J. Trauger partially grants the dismissal motion filed by X Corp. in this lawsuit concerning copyrighted works being posted on the company's social media platform, which was formerly known as Twitter. The plaintiff music publisher's claims for direct and vicarious infringement will be dismissed in their entirety, though the court will allow it to proceed with certain parts of its contributory infringement claim, including an allegation that X Corp. "enforces its copyright policies less stringently" against its verified users.
Court: USDC Middle District of Tennessee , Judge: Trauger, Filed On: March 5, 2024, Case #: 3:23cv606, NOS: Copyrights - Property Rights, Categories: Civil Procedure, Copyright
J. Trauger grants the defendant plan administrators' motion for judgment on the administrative record in this dispute over early retirement benefits. The administrators' decision to deny benefits based on the worker's "failure to show that he was retired under the Plan, despite their failure to articulate a legitimate rationale, was not arbitrary and capricious."
Court: USDC Middle District of Tennessee , Judge: Trauger, Filed On: March 1, 2024, Case #: 3:21cv757, NOS: Other Contract - Contract, Categories: Employment, Erisa, Labor / Unions
J. Trauger partially grants the plaintiff epoxy company's motion for a preliminary injunction in this Lanham Act lawsuit against another epoxy seller regarding the use of the phrase "ultra clear epoxy." The plaintiff company will be granted limited injunctive relief, as the court notes its "real, but not overwhelming, likelihood of success."
Court: USDC Middle District of Tennessee , Judge: Trauger, Filed On: February 27, 2024, Case #: 3:23cv715, NOS: Trademark - Property Rights, Categories: Civil Procedure, Trademark
J. Trauger partially grants the two dismissal motions in this class action concerning an "allegedly defective fuel injection pump" contained in certain Nissan vehicles. The economic loss doctrine bars the fraudulent omission claims under Florida and Texas law. Also, under Florida law, the claim for breach of the implied warranty of merchantability will be dismissed for lack of privity.
Court: USDC Middle District of Tennessee , Judge: Trauger, Filed On: February 27, 2024, Case #: 3:23cv261, NOS: Motor Vehicle Product Liability - Torts - Personal Injury, Categories: Vehicle, Product Liability, Class Action
J. Trauger denies the plaintiff nonprofit corporation's motion for a preliminary injunction and partially grants the fund defendants' dismissal motion in this lawsuit asserting claims under the federal Exchange Act, as well as the Tennessee Securities Act and the Tennessee Blue Sky Law. The complaint alleges that the defendants misrepresented that a certain fund was a success and that they failed to disclose that it "had been losing hundreds of thousands of dollars in 2021." However, the corporation fails to show irreparable harm, for purposes of the requested injunction, as it only entrusted money to the defendants. Accordingly, its alleged injury could be remedied "with economic damages at the conclusion of litigation."
Court: USDC Middle District of Tennessee , Judge: Trauger, Filed On: February 20, 2024, Case #: 3:23cv685, NOS: Securities/Commodities/Exchange - Other Suits, Categories: Fraud, Securities, Fiduciary Duty
J. Trauger denies the dental care provider plaintiffs' motion for class certification in this suit alleging false advertising and fraud in connection with the defendant company's plastic aligners, which were allegedly sold "for orthodontic use." The dental care providers have "failed to satisfy either Rule 23(a) or Rule 23(b)" for class certification. Additionally, the defendants' motions to exclude certain testimony are denied as moot.
Court: USDC Middle District of Tennessee , Judge: Trauger, Filed On: February 12, 2024, Case #: 3:19cv845, NOS: Other Statutory Actions - Other Suits, Categories: Fraud, Consumer Law, Class Action
J. Trauger partially grants the state wildlife officers' dismissal motion in this lawsuit brought by a falconer whose birds were seized by the Tennessee Wildlife Resources Agency and now asserts claims for unlawful search and seizure, as well as false arrest and malicious prosecution. The case against her was dismissed "in its entirety," and the seized birds were returned, though one of the birds allegedly died while being held. The court now finds that the officers are entitled to qualified immunity as to parts of her Fourth Amendment claim. However, she has adequately alleged that the seizure of all 13 of her birds was "objectively unreasonable" and that no reasonable officer "would have believed that this seizure was authorized or legal." Her equal protection claim also survives, in which she alleges that the law was selectively enforced, and misapplied, "against her because of her gender."
Court: USDC Middle District of Tennessee , Judge: Trauger, Filed On: January 31, 2024, Case #: 3:23cv747, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Animal Cruelty
J. Trauger grants the two dismissal motions filed in this lawsuit brought by a former fraternity pledge who alleges that he was subjected to racial discrimination and "intense hazing." As to one of the fraternity members, there are no facts alleged to show that he "participated in tortious conduct." Another is alleged to have "regularly used racial slurs," but the complaint fails to show that the member "breached a duty to the plaintiff or caused him serious emotional injury."
Court: USDC Middle District of Tennessee , Judge: Trauger, Filed On: January 8, 2024, Case #: 3:22cv808, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Civil Rights, Education, Emotional Distress
J. Trauger partially denies the defendant law enforcement officer's dismissal motion in this lawsuit brought by two travelers alleging "an illegal search and seizure" at the Nashville airport. One of the travelers was allegedly instructed to open her suitcase, and the alleged facts show that she acquiesced to the officer's "show of authority" by opening the suitcase in the ride-share area of the airport, as opposed to voluntarily consenting to the search. Accordingly, the officer's motion is denied as to that traveler's Fourth Amendment claim stemming from the search.
Court: USDC Middle District of Tennessee , Judge: Trauger, Filed On: January 5, 2024, Case #: 3:23cv663, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Property, Transportation
J. Trauger denies the defendant executives' motion for judgment on the pleadings in this stockholder derivative lawsuit involving a corporation that operates senior-living communities. The stockholder's complaint contends that the executives breached their fiduciary duties "by allowing the company's alleged problems to persist and by misleading the public." The court now finds that the plaintiff stockholder has plausibly alleged that the corporate board "unfairly induced her to file her claims outside the statute of limitations."
Court: USDC Middle District of Tennessee , Judge: Trauger, Filed On: January 4, 2024, Case #: 3:21cv373, NOS: Stockholders’ Suits - Contract, Categories: Civil Procedure, Health Care, Fiduciary Duty
J. Trauger grants the defendant distillery's motion to dismiss the first amended complaint in this breach of contract action involving the alleged transfer of a liquor distribution franchise. The letter that the distributor sent to the distillery requesting approval of the transfer failed to provide the written notice required by statute. Accordingly, the distributor fails to state a claim against the distillery based on an alleged statutory violation or for breach of contract.
Court: USDC Middle District of Tennessee , Judge: Trauger, Filed On: January 4, 2024, Case #: 3:23cv363, NOS: Franchise - Contract, Categories: Civil Procedure, Contract
J. Trauger accepts the recommendation of the magistrate judge and grants summary judgment to Amazon in this lawsuit brought by a former employee who allegedly underwent back surgery and was subsequently terminated from her employment. The former worker contends that her termination was in violation of her rights under the Americans with Disabilities Act. However, the magistrate judge found that she was "unable to work any job," based on her own testimony, in the two years before her termination. Her objections to the magistrate judge's report are meritless.
Court: USDC Middle District of Tennessee , Judge: Trauger, Filed On: December 27, 2023, Case #: 3:20cv1029, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Civil Procedure, Employment Discrimination
J. Trauger denies the defendant company's motion for review of a magistrate judge's order, which mostly granted the motion to compel discovery in this dispute "between a U.S. citizen and a foreign company." The defendant, an Italian employer, contends that Italian privacy laws prevent it from searching employee emails without consent, but it fails to establish grounds for "rejecting or modifying any part of the underlying Order."
Court: USDC Middle District of Tennessee , Judge: Trauger, Filed On: December 27, 2023, Case #: 3:20cv1103, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: International Law, Product Liability, Discovery