Where a former executive claimed a company owed him severance pursuant to a change in a control provision of his executive agreement after the death of the company’s owner, his argument failed because the death did not trigger a change ...

Tagged with: Employment Judge James P. Jones U.S. District Court - Western District

Where a plaintiff suing over the shooting death of a fleeing suspect relied on two 2014 shootings involving sheriff’s deputies, those incidents did not present “[a] pattern of similar constitutional violations” showing deliberate indifference or a conscious choice regarding training. ...

Tagged with: Civil Rights Judge James P. Jones U.S. District Court - Western District

Despite the defendant’s protest that its failure to respond to a workplace accident lawsuit was a result of “excusable neglect,” a federal judge refused to set aside a jury’s verdict worth at least $7.5 million. The case presented a choice ...

Tagged with: Federal Tort Claims Act Judge James P. Jones Tort U.S. District Court - Western District

Even if a company had meritorious defenses to the negligence claim brought by a workman who was seriously injured when he fell through a collapsing grate, it did not show that its failure to timely respond to the complaint was ...

Tagged with: Judge James P. Jones Negligence U.S. District Court - Western District

Where a driver engaged in highly suspicious behavior, including leading officers on a high-speed chase and fleeing on foot after crashing a car, had a zipper case inside the car within plain view and officers believed a case found in ...

Tagged with: Criminal Judge James P. Jones U.S. District Court - Western District

A law firm suing its former client for unpaid legal services sufficiently alleged diversity jurisdiction by alleging the LLC defendant’s members are natural persons domiciled in Tennessee. Identifying the names of the members was not necessary. Background Gentry Locke Rakes ...

Tagged with: Contract Judge James P. Jones U.S. District Court - Western District

Where interpretative testimony and expert opinion would likely be required to determine the validity of a final rule issued by the Council on Environmental Quality, or CEQ, and the standing and ripeness issues raised by the defendants could require evidence, ...

Tagged with: Administrative Judge James P. Jones U.S. District Court - Western District

Where the defendant testified that she believed she was the sole owner of a 401(k) account from which she withdrew assets, and the government did not show that another individual or entity had property rights in the 401(k) assets, the ...

Tagged with: Criminal Judge James P. Jones U.S. District Court - Western District

Although the prisoners’ rights organization that prevailed in a First Amendment suit against a jail authority and its superintendent was awarded reasonable attorneys’ fees and expenses, payments were limited to four attorneys rather than 10, and the hours of the ...

Tagged with: Constitutional Judge James P. Jones U.S. District Court - Western District

Although two experts who planned to testify on behalf of a family physician charged with prescribing controlled substances to patients without a legitimate purpose were excluded because their testimony was cumulative, four other physician experts, including the defendant himself, may ...

Tagged with: Criminal Judge James P. Jones U.S. District Court - Western District