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Summary: 12 F. Supp. While at Marsh's office Plaintiff signed a CNL insurance application which listed the policy expiration date of "8/21/95" and time of "12:01 A.M.. 2) Through the mail, Plaintiff received a Policy Declarations page from Defendant which specified "FROM: FEBRUARY 21, 1995 TO: 12:01 A.M. AUGUST 21, 1995." The Plaintiff claims, and the court accepts for purposes of this Motion, that he tendered a premium check to Mr. Marsh at that time for payment on the CNL policy and that the check was ......read more.


Summary: 748 F. Supp. 1487 (1990) GEORGIA ASSOCIATION OF REALTORS, INC., a Georgia Corporation, Murray Calhoun, III, Peggy F. Sikes, Robert T. Flournoy, and Billy M. Bell, Plaintiffs, v. ALABAMA REAL ESTATE COMMISSION, James M. Bagwell, Leon Crawford, Ben L. Haley, Martha B. Harlan, Frank Parquette, Sr., William M. Towns, William Trick and Leonard C. Wyatt, Defendants. Plaintiffs, the Georgia Association of Realtors, Inc., Calhoun, Sikes, Flournoy and Bell, filed a complaint and motion for preliminary an......read more.


Summary: 778 F. Supp. [2] The jury awarded Brenda Toole $350,000 in compensatory damages and $5,000,000 in punitive damages.[3] This case is now before the Court on defendant Baxter's motion for judgment notwithstanding the verdict, for a new trial, or in the alternative, for remittitur of either or both the compensatory and the punitive damages. JUDGMENT NOT WITHSTANDING THE VERDICT A. STANDARD OF REVIEW The defendant has moved for a judgment not withstanding the verdict as to the compensatory damages a......read more.


Summary: 360 F. Supp. Plaintiff Christi L. Morrow brings this lawsuit under the Fair Labor Standards Act of 1938 (FLSA), 29 U.S.C.A. §§ 201-219, and state law against defendants Green Tree Servicing, L.L.C., Conseco Finance Corp.-Alabama, and Conseco Finance Servicing Corp. for not properly compensating Morrow and other similarly situated employees, as well as for breach of contract, unjust enrichment, and fraudulent concealment.Duke v. Cleland, 5 F.3d 1399, 1402 (11th Cir.1993). "See, e.g., Chepstow Ltd......read more.


Summary: 649 F. Supp. Birl v. Wallis (Birl I), 619 F. Supp. On April 30, 1986, the court held that Wallis and Fetner may only reconfine Birl following a conditional release pursuant to the procedures established in Lynch v. Baxley, 386 F. Supp. Birl v. Wallis (Birl II), 633 F. Supp. First, the principal decision on which Wallis and Fetner rely, Martin v. Heckler, 733 F.2d 1499 (11th Cir.1984), was vacated by the en banc court, and the later opinion made clear that "[d]efendants' good faith, lack of culpa......read more.


Summary: 744 F. Supp. Plaintiff Alexander Curry has brought this lawsuit under the Employee Retirement Income Security Act (commonly known as ERISA), 29 U.S.C.A. §§ 1001-1461, against the following defendants: his former employer, Contract Fabricators, Inc.; the company profit sharing plan, Contract Fabricators Incorporated Profit Sharing Plan; and the company president, Victor M. Haber. The law is also now clear in this circuit that punitive damages are not available under ERISA, Bishop v. Osborn Transp......read more.


Summary: 283 F. Supp. Southeast Plan for Hourly Paid Employees' Pensions, and GTE Service Corporation Employee Benefits Committee seeking declaratory and monetary relief (Doc. Verizon South, Inc., as successor in interest to GTE South, Inc., (hereafter "GTE" or "Verizon") is the Plan sponsor and GTE Service Corporation Employee Benefits Committee (hereinafter "the Benefits Committee") is the Plan Administrator. Earley v. Champion Int'l Corp., 907 F.2d 1077, 1080 (11th Cir.1990). Hairston v. Gainesville S......read more.


Summary: 875 F. Supp. 803 (1995) UNITED STATES of America for the Use and Benefit of Donald E. CAPPS, d/b/a Capps' Customs, Plaintiff, v. FIDELITY AND DEPOSIT COMPANY OF MARYLAND, Roy Anderson Corporation, United Stage Equipment, Inc. and Buzz Howell d/b/a United Stage Equipment, Defendants. I. INTRODUCTION This cause is now before the court on the following Motions for Summary Judgment: Defendant Fidelity and Deposit Company of Maryland's Motion for Partial Summary Judgment filed on August 26, 1994; Def......read more.


Summary: 867 F. Supp. In this lawsuit, three African-American plaintiffs — Hoover White, John A. Dillard, and Glenn Moody — claim that the current at-large system of electing Alabama appellate judges violates § 2 and § 5 of the Voting Rights Act of 1965, as amended, 42 U.S.C.A. §§ 1973, 1973c (West 1994).A BRIEF OVERVIEW The proposed final judgment provides for temporary relief that promises to afford to the black citizens of this state their right to an equal opportunity to participate in the political ......read more.


Summary: 179 F. Supp. Before the court are the following Motions: 1) a Motion For Summary Judgment, filed July 13, 2001, by Delta Air Lines, Inc. ("Defendant") and 2) a Motion For Summary Judgment, filed July 17, *1315 2001, by Cynthia Love ("Plaintiff"). Id.; see also Barfield v. Brierton, 883 F.2d 923, 933 (11th Cir.1989). "Brooks v. Blue Cross and Blue Shield of Florida, Inc., 116 F.3d 1364, 1369 (11th Cir.1997) (citations omitted). [6] The federally protected rights referred to in the complaint are t......read more.


Summary: 831 F. Supp. [1] Rosie Nell Holcomb ("Holcomb"), administratrix of the estate of Barbara Jean Smith, deceased, filed this action on April 27, 1992 against Humana and Paul P. Monahan, M.D.[2] alleging violation of the Emergency Medical Treatment and Active Labor Act ("EMTALA"), 42 U.S.C. § 1395dd, et seq. Holcomb alleges that Humana failed to provide Ms. Smith with an "appropriate medical screening examination" and discharged her in an "unstabilized condition." Next, she was seen by Dr. Paul P. M......read more.


Summary: 975 F. Supp. 1293 (1997) James F. HOWELL, Plaintiff, v. DEPARTMENT OF THE ARMY and Togo D. West, Jr., Secretary of the Army, Defendants. In this lawsuit, plaintiff James F. Howell, a white federal employee working for the Department of the Army at Fort Rucker, Alabama, charges that he had suffered employment discrimination on the basis of his race, in violation of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C.A. §§ 1981a, 2000e through 2000e-17, when he was passed over for prom......read more.




Summary: 642 F. Supp. This lawsuit is a challenge to the efforts of a state district attorney to stop the sale *554 of allegedly sexually explicit magazines in Montgomery County, Alabama. The plaintiffs claim that the actions of the district attorney and a special task force he created constituted "a prior restraint" and were "retaliatory," in violation of the first amendment to the U.S. Constitution. The plaintiffs are Penthouse International, Ltd., one of its affiliates, Newlook International, Ltd., an......read more.


Summary: 621 F. Supp. Jaksa v. Regents of Univ. of Michigan, 597 F. Supp. 1245, 1250 (E.D.Mich.1984), citing Jenkins v. Louisiana State Board of Education, 506 F.2d 992, 1000 (5th Cir.1975). See Yench v. Stockmar, 483 F.2d 820, 823 (10th Cir.1973); see also, e.g. Stewart v. Bailey, 556 F.2d 281, 285-86 (5th Cir.1977) (constitutional right can be waived by knowing, express waiver). B. Right to Notice of the Evidence Plaintiffs assert that a line of Fifth Circuit cases beginning with Dixon v. Alabama State......read more.


Summary: 717 F. Supp. In this lawsuit, plaintiffs have filed a motion for additional relief charging defendant Town of North Johns with violating § 2 of the Voting Rights Act of 1965, as amended, by intentionally withholding candidacy requirement information and forms from two African-Americans, plaintiffs Lovell Richardson and Haywood Jones, who were elected to the town council.[1] Plaintiffs ask that North Johns be required to certify Richardson and Jones as duly elected members of the town council eve......read more.


Summary: 267 F. Supp. This criminal case is before the court on United States Magistrate Judge Delores R. Boyd's recommendation that defendant Toka Michelle McDuffie Williams's motion to suppress be granted in part and denied in part and that her motion for release of money be denied. United States v. Puglisi, 723 F.2d 779, 783 (11th Cir.1984) (citation omitted). Even if the facts within Herman's knowledge at 1:30 p.m.—that Williams was traveling with large sums of money in grocery-store-type plastic bag......read more.


Summary: 433 F. Supp. *1260 A. Clark Morris, Matthew S. Miner, John T. Harmon, Terry F. Moorer, Stephen P. Feaga, U.S. Attorney's Office, Montgomery, AL, for United States of America. On March 14, 2006, the court issued an opinion and judgment denying a petition, filed by Reese & Howell, Inc. ("R & H"), to validate third-party interest in the Carmichael Center, which had been owned by defendant Carmichael and forfeited pursuant to 21 U.S.C. § 853 as a result of his conviction. United States v. Carmichael......read more.


Summary: 612 F. Supp. I. On December 15, 1981, Margaret T. Allen, Yolanda F. Lamar and Beverly K. Jones, three black teachers, filed this lawsuit challenging the Alabama State Board of Education's requirement that applicants for state teacher certification pass certain standardized tests administered under the Alabama Initial Teacher Certification Testing Program. Thomas v. State of Louisiana, 534 F.2d 613, 615 (5th Cir.1976) (footnote omitted); see also United States v. City of Alexandria, 614 F.2d 1358......read more.


Summary: 497 F. Supp. Relying on the Rehabilitation Act of 1973, 29 U.S.C. §§ 701-7961, plaintiff Bridget Dale has brought this lawsuit claiming that her former employer, the United States Air Force, sued through defendant Michael Wynne, Secretary of the Air Force, impermissibly discriminated against her because of her weight and impermissibly retaliated against her for filing a disability-discrimination complaint. 2d 265 (1986); see also Fitzpatrick v. City of Atlanta, 2 F.3d 1112, 1115-17 (11th Cir.199......read more.