280 results for 'court:"USDC Minnesota"'.
J. Wright partially grants the employer's and CEO's motion to compel discovery in the employee's sex-discrimination case alleging that the CEO sexually harassed her. The employee must supplement her discovery responses in relation to her claimed damages and to state the total amount of attorney fees incurred to date, since those are not work product and are relevant to her claimed damages. The employer's request for personnel records from a previous employer is partially granted, but denied insofar as it seeks information about an allegation that the employer has failed to confirm her employment to prospective new employers. Its motion is also granted as to the employee's medical records and personal correspondence regarding mental health, within a limited scope.
Court: USDC Minnesota, Judge: Wright, Filed On: June 2, 2023, Case #: 0:22cv1623, NOS: Employment - Civil Rights, Categories: Employment, Discovery, Employment Discrimination
J. Tunheim awards $43,283 of the consumer's requested $50,000 in attorney fees following a judgment in her favor in her suit against the creditor and credit reporting company alleging that they continued reporting a debt after a conciliation court judge found that the creditor had failed to show that it owned the subject account. The consumer's attorney's requested rate is unreasonably high, but only by $30, not the $65 difference requested by the creditor. Small adjustments in counsel's requested hours are also made.
Court: USDC Minnesota, Judge: Tunheim, Filed On: June 1, 2023, Case #: 0:22cv86, NOS: Consumer Credit - Other Suits, Categories: Debt Collection, Consumer Law, Attorney Fees
J. Schiltz partially grants the university's motion for summary judgment in the former student's suit against it and the state regulatory body alleging that she was improperly dismissed from the university's nursing program. The student's breach-of-contract claim survives insofar as it relates to an alleged failure to assist her in finding a clinical preceptor, but her other claims are dismissed.
Court: USDC Minnesota, Judge: Schiltz, Filed On: May 30, 2023, Case #: 0:21cv1299, NOS: Education - Civil Rights, Categories: Education, Due Process, Contract
J. Tunheim reinstates attorney's fees and costs previously awarded to the students in their class-action suit against the university, and awards an additional $609,011.45 in attorneys' fees and costs for a total of $1,780,454.35. The students remained the prevailing party in this litigation after the Eight Circuit vacated an injunction, since they still prevailed on their treatment and benefits claim on remand. Their request for post-judgment fees is also largely reasonable.
Court: USDC Minnesota, Judge: Tunheim, Filed On: May 30, 2023, Case #: 0:16cv1115, NOS: Other Civil Rights - Civil Rights, Categories: Education, Attorney Fees
J. Tunheim grants summary judgment to the employer in the employee's suit alleging that it failed to accommodate her disability, namely narcolepsy, and retaliated against her for seeking accommodations. The employer's refusal to allow the employee to "flex" her time was not a failure to accommodate because the employee did not request the greater flexibility in start times she says she did not receive. It also did not constitute retaliation, nor do the denial of requests for training or her resignation.
Court: USDC Minnesota, Judge: Tunheim, Filed On: May 26, 2023, Case #: 0:20cv1511, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Ada / Rehabilitation Act, Employment, Employment Retaliation
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J. Tunheim denies the insurer's motion in its declaratory-judgment case against its insured to amend his partial summary judgment order to certify it for an interlocutory appeal. There is not substantial ground for a difference of opinion on how many deductibles the insured is responsible for, and the insurer has not shown that an appeal would materially advance the termination of litigation.
Court: USDC Minnesota, Judge: Tunheim, Filed On: May 26, 2023, Case #: 0:21cv2093, NOS: Insurance - Contract, Categories: Insurance, Contract
J. Menendez grants the tractor maker's motion for summary judgment in the insurer's twin suits against it alleging that defects in tractors it built without engine side shields in a "special manufacturing year" led two tractors sold to the insurer's insured to catch fire. The lack of side shields was a deliberate choice by the manufacturer, not a manufacturing flaw, nor was it a departure from the intended design despite holes in the frame used for the shields' installation in the prior regular model year. The tractors' warranties therefore are not implicated, since the insurer has not identified a defect to which they apply. The insurer's motion to exclude testimony from the tractor maker's expert is also denied.
Court: USDC Minnesota, Judge: Menendez, Filed On: May 25, 2023, Case #: 0:21cv1200, NOS: Contract Product Liability - Contract, Categories: Product Liability, Experts, Warranty
J. Schiltz dismisses the minor and her mother’s suit related to burns the minor sustained when a minivan in a Walmart parking lot caught fire and the fire spread to a car where the minor was sleeping. The retailer’s policy of allowing travelers to sleep in its lots does not turn its parking lots into “recreational camping areas” under a Minnesota law regulating such areas, and the minor and her mother have not shown that doing so created a nuisance or that the burns were the result of the retailer’s negligence.
Court: USDC Minnesota, Judge: Schiltz, Filed On: May 25, 2023, Case #: 0:22cv1584, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Tort, Negligence, Premises Liability
J. Davis adopts a report and recommendation which recommended default judgment as a sanction against the debt collector for failing to obtain legal counsel to negotiate a settlement, but alters the report's recommended course of action to hold entry of judgment in abeyance until the case has been resolved on its merits. It is too early to determine whether the debt collector which hired the absent debt collector is jointly and severally liable for the actions of the absent party.
Court: USDC Minnesota, Judge: Davis, Filed On: May 23, 2023, Case #: 0:21cv1560, NOS: Telephone Consumer Protection Act (TCPA) - Other Suits, Categories: Debt Collection, Privacy
J. Brasel grants summary judgment to the city and its officials in the landlords' suit against them alleging that a rent-stabilization ordinance passed by voters in 2021 is unconstitutional under the Minnesota and U.S. Constitutions. The ordinance does not substantially impair the landlords' leases under the contract clause and it appropriately and reasonably advances a significant and legitimate purpose, namely ensuring that residents have access to affordable housing. The landlords also have not shown that the ordinance violates the Due Process Clause, causing their Section 1983 claim to fail, and a preemption claim under state law is moot. Finally, the ordinance does not create a regulatory taking under either Constitution.
Court: USDC Minnesota, Judge: Brasel, Filed On: May 22, 2023, Case #: 0:22cv1589, NOS: Constitutionality of State Statutes - Other Suits, Categories: Constitution, Municipal Law, Housing