44 results for 'court:"USDC Vermont"'.
J. Sessions denies a construction and excavation business, and its board members motion to dismiss in this Fair Labor Standards Act dispute brought by the Department of Labor alleging unlawful retaliation against employees that received back wages from a settlement. The employees alleges that the board members made false and retaliatory statements on the social media platform Facebook. The DoL plausibly alleged the conduct was a retaliation threat based on coercion making it plausibly unprotected. Discovery may proceed and the Labor Department’s motion to amend is also denied.
Court: USDC Vermont, Judge: Sessions, Filed On: May 7, 2024, Case #: 2:23cv560, NOS: Fair Labor Standards Act - Labor, Categories: Employment Retaliation, Labor
J. Reiss denies, in part, a resident’s motion for summary judgment in this case where she accused a sergeant of excessive force during a physical altercation between them while she was detained in the police department. She filed claims of assault, battery, intentional infliction of emotional distress and negligence and violations of her Fourth and 14th Amendment rights. There is a dispute of facts as to the sergeant’s failure to use the department’s response to resistance policy, while a reasonable jury could find that the alleged use of force was extreme, and he did plead guilty to intentionally punching the resident. The chief’s motion for summary judgment is granted as to all claims because the resident failed to address his request for dismissal.
Court: USDC Vermont, Judge: Reiss, Filed On: May 3, 2024, Case #: 2:21cv291, NOS: Other Civil Rights - Civil Rights, Categories: Negligence, Police Misconduct
J. Reiss grants the bank’s motion to stay the action and refer to arbitration in this employment agreement dispute brought by a former executive president who says his assets had been converted. The court found the arbitration clause to be broad as to all disputes related to the employment agreement, and the arbitrator needs to decide the issues of arbitrability.
Court: USDC Vermont, Judge: Reiss, Filed On: April 29, 2024, Case #: 2:23cv274, NOS: Other Contract - Contract, Categories: Arbitration, Employment, Contract
J. Reiss denies a third-party investment company’s motion to reconsider the court’s order denying its motion to stay discovery in this negligence and contract dispute between Vermont’s financial regulation agency and an accounting firm. The investment company’s former managing member’s motion for reconsideration is granted, however, in seeking stay, the investment company and managing member failed to submit a copy of the criminal indictment that contained false financial statements in an insurer’s liquidation. The managing member’s request for adverse inference immunity is denied as moot. The accounting firm requested a motion to compel, but only the investment company is compelled to comply with the discovery schedule. Its request for attorney fees and cost are denied at this stage but, the court warns the investment company that further non-compliance may result in sanctions.
Court: USDC Vermont, Judge: Reiss, Filed On: April 26, 2024, Case #: 2:21cv273, NOS: Other Contract - Contract, Categories: Negligence, Discovery, Contract
J. Reiss denies, in part, a police officer’s motion for summary judgment in this case where he was accused of excessive force and failure to intervene when a physical altercation between a resident and a sergeant happened while the resident was detained inside the police department. She filed claims of assault, battery, intentional infliction of emotional distress and negligence and violations of her Fourth and 14th Amendment rights. There is a dispute of facts as to the officer’s failure to intervene involvement in the sergeant’s takedown, a reasonable jury could find that the alleged use of force was extreme, outrageous and intolerable. The claims regarding the officer’s failure to intervene as to the sergeant shoving and punching the woman are granted.
Court: USDC Vermont, Judge: Reiss, Filed On: April 26, 2024, Case #: 2:21cv291, NOS: Other Civil Rights - Civil Rights, Categories: Negligence, Police Misconduct
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J. Sessions denies Monsanto, Bayer and two other companies’ motion to dismiss a misrepresentation claim brought by four teachers and a student, who say the companies’ polychlorinated biphenyls are contaminating school buildings, as well as a husband’s claim for loss of consortium due to his wife’s injuries. The ag giants are not entitled to dismissal because the plaintiffs plausibly alleged justifiable reliance on the companies’ representations.
Court: USDC Vermont, Judge: Sessions, Filed On: April 12, 2024, Case #: 2:23cv272, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: Environment, Tort, Negligence
J. Sessions sustained and overruled, in part, an industrial acquisition and a bakery investment companies’ objection to fees and costs submissions brought by a class of workers’ regarding labor law violations. The attorneys sought higher than normal hourly fees and number of hours typically approved by the court and the fees shall be reduced. The parties’ statements are very vague for the fees and cost but shall submit a more in-depth revised statement within 30 days.
Court: USDC Vermont, Judge: Sessions, Filed On: March 26, 2024, Case #: 2:21cv120, NOS: Other Labor Litigation - Labor, Categories: Sanctions, Attorney Fees, Labor
J. Reiss denies a generic drug manufacturer's motion for summary judgment on its breach of contract claims against a drug developer over a licensing covenant for a transdermal rotigotine patch called Neupro. The covenant allows the developer to sue the generic manufacturer for infringement of new drug products developed after a specific date. Summary judgment on the generic manufacturer's request for a non-infringement declaration cannot be made until the covenant's meaning of "infringment analysis" is determined.
Court: USDC Vermont, Judge: Reiss, Filed On: March 8, 2024, Case #: 2:22cv216, NOS: Patent - Property Rights, Categories: Patent
J. Sessions grants, in part, a university’s motion to dismiss in this negligence lawsuit brought by four female students. The students allege they were sexually assaulted, drugged and raped by fellow students, and say the university, its board of directors and administrators failed to properly investigate or hold the assailants accountable. The students have plausibly alleged the post-assault deliberate indifference claims, prohibited retaliation under Title IX and due process, so those claims proceed.
Court: USDC Vermont, Judge: Sessions, Filed On: March 7, 2024, Case #: 2:22cv212, NOS: Other Civil Rights - Civil Rights, Categories: Education, Negligence, Assault
[Consolidated.] J. Sessions entered a filing injunction against a pro se New York resident who has bothered the court with 20 frivolous suits in just two years. This order enjoins and prohibits him from filing suit regarding any matter again, unless given permission by the court by obtaining prior leave by the judge. If the filing does not show the court has jurisdiction or is otherwise barred, it will be rejected and docketed as a closed miscellaneous case.
Court: USDC Vermont, Judge: Sessions, Filed On: February 26, 2024, Case #: 2:23cv471, NOS: Other Civil Rights - Civil Rights, Categories: Sanctions, Jurisdiction, Injunction
J. Sessions grants two neighbors’ motion to dismiss nuisance and intrusion-upon-seclusion claims brought by a property owner. The property owner and his family are practicing Jews with many relatives on the property; they say the neighbors have filed complaints with the town zoning authority and the police department. He fails to state a claim for nuisance or intrusion upon seclusion.
Court: USDC Vermont, Judge: Sessions, Filed On: February 26, 2024, Case #: 2:23cv88, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Property, Tort
J. Sessions grants a college and its current president’s motion to stay in this employment contract dispute brought by the former president alleging discrimination and retaliation. The college argues this case needs to go to arbitration on all claims as stated in the employment agreement. The college and its current president have met the burden that arbitration is needed and its inherent power to control the docket.
Court: USDC Vermont, Judge: Sessions, Filed On: January 3, 2024, Case #: 2:23cv393, NOS: Employment - Civil Rights, Categories: Arbitration, Employment, Contract
J. Reiss grants the U.S. Postal Service’s motion to dismiss, for lack of subject matter jurisdiction, this personal injury clam brought by a contracted worker. The worker was injured while delivering mail and under Vermont Law the postal service is his statutory employer for workers’ compensation. The postal worker is granted leave to amend his complaint by Nov. 23, 2023.
Court: USDC Vermont, Judge: Reiss, Filed On: October 23, 2023, Case #: 2:22cv158, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Government, Discovery, Workers' Compensation
J. Crawford adopts the magistrate judge’s report and recommendation and denies the plaintiff’s motion to invoke arbitration and the third-party defendants’ counterclaim motion to compel arbitration in this royalty agreement lawsuit. The court finds no error in assessment of credibility and weighing of evidence. The third-party defendants did not join the plaintiff’s complaint and were parties to previous arbitrations.
Court: USDC Vermont, Judge: Crawford, Filed On: October 12, 2023, Case #: 5:19cv243, NOS: Other Contract - Contract, Categories: Arbitration, Civil Procedure, Contract
J. Sessions denies a nursing home’s motion for summary judgment in a disability discrimination claim of violation to the Fair Housing Act, Americans with Disabilities Act, Rehabilitation Act and Vermont Fair Housing and Public Accommodations Act. The nursing home denied the decedent admission due to a lack of space putting her on a waitlist; her daughter argues it was because of her mother’s mental illness. Considering all evidence, the jury could find fact and conclude the actions were in fact discrimination.
Court: USDC Vermont, Judge: Sessions III, Filed On: October 5, 2023, Case #: 2:20cv153, NOS: Housing/Accommodations - Civil Rights, Categories: Civil Rights, Ada / Rehabilitation Act, Housing
J. Reiss grants Dairy Farmers of America's motion for summary judgment requesting the court to take judicial notice of prior litigations and news coverage of their activities. The class of farmers' motions and claims for allegedly conspiring to fix the prices of Grade A raw milk are denied but leave to file an amended complaint is granted.
Court: USDC Vermont, Judge: Reiss, Filed On: September 26, 2023, Case #: 2:22cv147, NOS: Antitrust - Other Suits, Categories: Agriculture, Antitrust, Discovery
J. Sessions partially grants a motion for summary judgment concerning a class of former employees’ worker adjustment and retraining liability question. There was no evidence of fraud, so the court rejects the defense of an “unforeseen business circumstance” exception. Defendants share liability for damages and the dissolution receiver is entitled to indemnification.
Court: USDC Vermont, Judge: Sessions, Filed On: August 23, 2023, Case #: 2:21cv120, NOS: Other Labor Litigation - Labor, Categories: Fraud, Class Action, Labor
J. Reiss grants in part and denies in part Old Navy's motion to exclude testimony from the individual's expert witness. Old Navy employees allegedly falsely accused the individual of shoplifting and stated he was acting as if he was under the influence of drugs or alcohol, for which the individual claimed discrimination and false detainment. While the expert's opinion that the individual suffers from PTSD is inadmissible, the remaining aspects of his opinion may be addressed with cross examination.
Court: USDC Vermont, Judge: Reiss, Filed On: August 21, 2023, Case #: 2:21cv155, NOS: Civil Rights - Habeas Corpus, Categories: Civil Rights, Experts