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District Court for the Western District of Tennessee Court Cases
Wimbley v. Bolger (1986)This was a "mixed" case, i.e., on the one hand seeking reversal of a decision previously issued by the Merit Systems Protection Board (MSPB) approving plaintiff's termination as a postal employee and on the other hand alleging that plaintiff was a victim of handicap discrimination. Following the filing of a Motion for Summary Judgment by the defendant, the Court issued an Order on July 19, 1985, indicating that : (1) jurisdiction was proper in this case under 5 U.S.C. § 7703(b)(2), 29 U.S.C. [...]
Court: District Court for the Western District of Tennessee Docket: 84-2147-MB
United States v. Miller (2009)On May 23, 2008, a federal grand jury indicted the Defendant, Jerry L. Miller, on one count of being a felon in possession of a firearm. 18 U.S.C. § 922(g). This charge arose from a police search of Miller's residence, which uncovered a Keystone Sporting Arms .22 caliber rifle. The Defendant has filed a motion to dismiss the indictment, alleging that § 922(g) violates his right to bear arms under the Second Amendment, the Due Process Clause in the Fifth Amendment, and the Equal Protection [...]
Court: District Court for the Western District of Tennessee Docket: 08-cr-10097
Samuels v. Heckler (1986)
Donald Donati, Memphis, Tenn., Frank S. Bloch, Stephen F. Palevitz, Vanderbilt Legal Clinic, David Ettinger, Russell J. Overby, Legal Services of Middle Tennessee, Nashville, Tenn., Karen Dennis, Memphis Area Legal Services, Memphis, Tenn., for plaintiffs.
Court: District Court for the Western District of Tennessee Docket: 82-2827-M
This civil action seeking recovery of accidental death benefits under an employer's group benefits plan was originally filed by Plaintiff Jerome Fowler in the Chancery Court of McNairy County, Tennessee, on September 19, 1995. Pursuant to 28 U.S.C. § 1441, the action was removed to this court by the Defendant, Metropolitan Life Insurance Company (Met Life), on the grounds that the cause of action arose under the Employee Retirement Income Security Act (ERISA), 29 U.S.C. §§ 1001-1461. [...]
Court: District Court for the Western District of Tennessee Docket: 95-1240
Lawyers Title Insurance Corporation ("Lawyers Title") and First American Title Insurance Company ("First American") filed this action against United American Bank of Memphis ("UAB") alleging that UAB's wrongful actions caused various mortgage lenders, all of whom were insured by plaintiffs, to suffer significant financial losses. Plaintiffs, both directly and as subrogees of their insureds, seek compensatory and punitive damages as well as equitable relief under Tennessee law. Presently before [...]
Court: District Court for the Western District of Tennessee Docket: 94-2870-TUA, 94-2871-TUA
Oscar C. Carr, III, Glankler Brown Gilliland Chase Robinson & Raines, Memphis, TN, Dean A. Calloway, Jones Day Reavis & Pogue, Atlanta, GA, for Experian Information Solutions, Inc., defendant.
Court: District Court for the Western District of Tennessee Docket: 98-2788-V
Before the Court is a Partial Motion To Dismiss ("Motion") filed on behalf of defendant Patton-Tully Transportation Company ("Patton-Tully") for failure to state a claim, pursuant to Rule 12(b)(6), Federal Rules of Civil Procedure.
Court: District Court for the Western District of Tennessee Docket: 93-2667-4 BRE
Plaintiff Paul F. Bonastia ("Bonastia") brought this action claiming defendant Berman Bros., Inc. ("Berman Bros.") breached his alleged two-year employment contract when it terminated him on June 27, 1994. Presently before the court is defendant's motion for summary judgment filed pursuant to Rule 56 of the Federal Rules of Civil Procedure.
Court: District Court for the Western District of Tennessee Docket: 94-2671-TUBRE
Ray v. Time, Inc. (1976)Plaintiff has filed pro se a fourteen page in forma pauperis suit against Time, Inc. for publishing an alleged "malicious article" about him in its January 26, 1976, issue of "Time" magazine, and against defendant, George McMillian (McMillan) for authoring the "malicious article with deliberate fabrications" about him. Plaintiff further asserts that McMillan proposes a book about him in which Time, Inc. has a financial interest through a subsidiary. Ray also sues William Bradford Huie and [...]
Court: District Court for the Western District of Tennessee Docket: C-76-274
Cunningham v. Ellington (1971)Plaintiffs allege that they are the beneficiaries of the death action resulting from the death of James Ivey, who, plaintiffs allege, was shot and killed by defendants Arnold and Rooker, officers of the Memphis Police Department, while the officers were investigating a burglary attempt and while he was fleeing from an arrest by those officers. Plaintiffs bring this death action only under 42 U.S.C.A. § 1983; diversity jurisdiction is not alleged. They seek money damages from the officers, [...]
Court: District Court for the Western District of Tennessee Docket: Civ. No. C-70-250
Plaintiff brought this diversity action seeking payment of $98,274.71 plus interest from defendants under the terms of a guaranty agreement. Plaintiff has moved for summary judgment as to defendant Ben Markowitz, and Ben Markowitz has filed a cross-motion for summary judgment.
Court: District Court for the Western District of Tennessee Docket: Civ. No. C-77-2645
Frank J. Glankler, Jr., Glankler Brown Gilliland Chase Robinson & Raines, Memphis, TN, Bruce A. Markell, Indiana University School of Law, Bloomington, IN, Henry C. Shelton, III, Krivcher Magids, Memphis, TN, for appellant.
Court: District Court for the Western District of Tennessee Docket: 94-3038-TUV
In Re Hays Builders, Inc. (1992)This cause is before the Court on the appeal of the bankruptcy court's February 23, 1989 decision 96 B.R. 142 disallowing the United States trustee's collection of fees pursuant to 11 U.S.C. § 1129(a)(12). By Memorandum of Opinion and Order dated December 29, 1988, 95 B.R. 79, as amended by Supplemental Order dated February 23, the bankruptcy court ruled that money constructively disbursed by parties other than the debtor cannot be included in calculating the amount of the quarterly fee [...]
Court: District Court for the Western District of Tennessee Docket: 89-2362, 89-2405 M1
On July 29, 1995, both defendants, Saratoga Capital, Inc., ("Saratoga") and Sun Pac, submitted motions for summary judgment under Federal Rule of Civil Procedure 56 on all six causes of action alleged by plaintiff, Juanita Lord, in her Third Amended Complaint. On August 30, 1995, plaintiff filed answers to defendants' motions. On October 31, 1995, the Court held a hearing on the motions. Plaintiff and defendants have briefed the pertinent legal issues.
Court: District Court for the Western District of Tennessee Docket: 94-2129/BraMl
Plaintiffs are a class of persons who owned property or lived within a three mile radius of the northern most boundary line of a 242 acre chemical waste burial site in Hardeman County, Tennessee, owned and operated by Velsicol from late 1964 until it was closed as hazardous in 1973 by order of the State of Tennessee. Plaintiffs in this class action seek damages for personal injury and damages to their property allegedly suffered when water in their home wells became contaminated by hazardous [...]
Court: District Court for the Western District of Tennessee Docket: 78-1100
Before the court is the motion of defendant, State Farm Automobile Insurance Company (State Farm or defendant), for summary judgment. Plaintiff, Julia Young, filed this action alleging age discrimination and retaliation in violation of the Age Discrimination in Employment Act (ADEA), 29 U.S.C. § 621 et seq., and the Tennessee Human Rights Act (THRA), Tenn.Code Ann. §§ 4-21-407 and 4-21-301. Plaintiff also alleges a cause of action for malicious harassment pursuant to Tenn.Code Ann. § [...]
Court: District Court for the Western District of Tennessee Docket: 92-2722
Ergon, Inc. v. Amoco Oil Co. (1997)
Before the court is defendant Amoco Oil Company's ("Amoco") motion to dismiss filed on October 31, 1996 pursuant to Fed. R. Civ. Pro. 12(b)(6). In this action, plaintiff, Ergon, Inc., ("Ergon") seeks to recover from defendant the costs of cleaning up contamination caused by defendant's alleged spilling of gasoline products. Defendant contends that plaintiff has failed to state a cause of action under any of the theories presented in the complaint.
Court: District Court for the Western District of Tennessee Docket: 96-2960 G/BRE
On November 15, 2007, the Plaintiff, Black & Decker, Inc., ("B & D") filed the instant action against the Defendant, Timothy Smith, alleging that Smith shared certain confidential data with one of the Plaintiffs competitors in violation of the Computer Fraud and Abuse Act, 18 U.S.C. §§ 1030 et seq., the Tennessee Uniform Trade Secrets Act, Tenn.Code Ann. § 47-25-1701, and the Tennessee Personal and Commercial Computer Act of 2003, Tenn. Code Ann. § 39-14-602. B & D also includes [...]
Court: District Court for the Western District of Tennessee Docket: 07-1201
Alley v. Bell (2000)
Robert L. Hutton, Glankler Brown, PLLC, Memphis, TN, Sedley Alley, pro se, Paul R. Bottei, Henry Alan Martin, Esq., Office of the Federal Public Defender, Nashville, TN, for Sedley Alley, petitioner.
Court: District Court for the Western District of Tennessee Docket: 97-3159-D/V
Sisk v. Sara Lee Corp. (2008)Before the Court is Defendant Bryan Foods Incorporated's ("Bryan") Motion for Summary Judgment (Doc. 32), filed October 22, 2007. Plaintiffs responded in opposition on November 26, 2007 (Doc. 36). Bryan filed a reply to Plaintiffs' response on December 27, 2007 (Doc. 43). Plaintiffs filed Notices of Filing Supplemental Authorities on February 18, 2008, March 17, 2008, April 15, 2008, and June 16, 2008 (Docs. 56, 73, 77, and 88, respectively). Bryan filed similar notices on February 18, 2008, [...]
Court: District Court for the Western District of Tennessee Docket: 1:07-cv-01095 JPM