267 results for 'filedAt:"2024-03-29"'.
J. Hertling finds that defendant should be granted summary judgment in claims brought under the Contract Disputes Act following cancellation of a task order to provide engineering and program management support services to the department of the navy because failed to implement a 20-person team as required under the contract.
J. Hertling finds in favor of the government in this dispute over a canceled contract for the provision of engineering services to the Navy. The cancellation for default was justified due to the company's failure to provide the proper sized team to carry out the task.
Court: Court of Federal Claims, Judge: Hertling, Filed On: March 29, 2024, Case #: 23-1029, Categories: Contract
J. Blackwell dismisses the doctor and former gubernatorial candidate's suit alleging that the Minnesota Board of Medical Practice sought to chill his speech by investigating complaints against him for his comments on the Covid-19 pandemic and the incumbent governor's response to it. The candidate has not established an injury in fact, since he has not alleged any instances in which the board's investigations prevented him from speaking on those topics. His challenges to Minnesota statutes granting the board regulatory authority also fail since he has not identified how he was impacted by the statute in ways different from third parties. He also has not adequately pleaded that he suffered differential treatment during the investigation process.
Court: USDC Minnesota, Judge: Blackwell, Filed On: March 29, 2024, Case #: 0:23cv1689, NOS: Other Civil Rights - Civil Rights, Categories: Administrative Law, Civil Rights, Constitution
J. Seabright partially dismisses parts of a wrongful termination suit against the orchestra and the musicians’ union by a former flutist with the orchestra, which fired her after she did not get a Covid-19 vaccine. The flutist’s claim that the union aided and abetted the firing is preempted by labor laws. In claims against the orchestra, claims related to religious and disability accommodations are not dismissed, as the orchestra did not engage in an interactive process with the flutist who attempted to bring evidence of her religious beliefs and documented sensitivity to vaccines to the orchestra before her firing. Retaliation claims do partially survive though, as the flutist was subject to adverse action without even going through the interactive process.
Court: USDC Hawaii, Judge: Seabright, Filed On: March 29, 2024, Case #: 1:23cv415, NOS: Employment - Civil Rights, Categories: Covid-19, Employment Discrimination, Employment Retaliation
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J. Mikva finds that the lower court properly denied the hospital's motion to transfer venue in this medical malpractice case. While the patient lives in Will County, substantial deference is due to his choice of forum in Cook County where he received extensive inpatient and outpatient care. Affirmed.
Court: Illinois Appellate Court, Judge: Mikva, Filed On: March 29, 2024, Case #: 231120, Categories: Venue, Medical Malpractice
J. Hyman finds that the lower court improperly convicted defendant of constructive possession of a handgun by a felon. Defendant was pulled over for "driving while black," having done nothing to warrant a stop, let alone being placed in handcuffs and having his car fully searched. The record contains "nothing" that would allow a trier of fact to find that defendant knew a handgun was embedded into the bottom of the driver's seat of a borrowed car. Reversed.
Court: Illinois Appellate Court, Judge: Hyman, Filed On: March 29, 2024, Case #: 220970, Categories: Firearms, Search
J. McBride finds that the lower court improperly denied the mother's petition for adult disabled child support from the father for their 21-year-old child with autism. Illinois law indicates that a parent may be required to support a child who has reached the age of majority but is mentally or physically disabled. Despite having graduated high school and holding a part-time job, the parties' child is not able to take care of herself or live independently outside the home. Reversed.
Court: Illinois Appellate Court, Judge: McBride, Filed On: March 29, 2024, Case #: 230270, Categories: Family Law
J. Dooley grants in part and denies in part a motion to dismiss filed by an employer who fired an employee two years after they urged her to return to work early from parental leave. The request for early return two years prior to termination does is not sufficient to infer gender-based discrimination or retaliation. However, the employee requested family medical leave to care for her son weeks prior to the termination date and this is cause for retaliation.
Court: USDC Connecticut, Judge: Dooley, Filed On: March 29, 2024, Case #: 3:23cv3, NOS: Family and Medical Leave Act - Labor, Categories: Employment, Employment Retaliation
J. Seybert preserves claims against a Texas-based product manufacturer alleging it violated an exclusive distribution agreement to sell portable gas detectors and to offer calibration services to plumbing contractors in the New York City metropolitan area when it began offering competing products and services. The court finds the agreement is enforceable and the defendants agreed to be bound by its terms.
Court: USDC Eastern District of New York, Judge: Seybert, Filed On: March 29, 2024, Case #: 2:22cv7845, NOS: Other Contract - Contract, Categories: Unfair Competition, Contract
J. Cho grants Starbucks’ motion to compel and orders several non-parties to respond to several subpoenas that seek information regarding the level of support for union representation among employees at a New York location after one employee was allegedly fired in retaliation for her union activities, which is the subject of the complaint against the coffee chain. The court further denies the National Labor Relation Board’s motion to stay the case.
Court: USDC Eastern District of New York, Judge: Cho, Filed On: March 29, 2024, Case #: 1:22cv7255, NOS: Labor/Management Relations - Labor, Categories: Discovery, Labor / Unions
J. Kovner dismisses a group of Brooklyn police officers from a civil rights complaint stemming from criminal charges for the alleged sale of cocaine. The litigant fails to allege the officers involved provided the local district attorney’s office with fabricated evidence, depriving him of a fair trial. The court preserves his remaining Fourth Amendment claim for an unlawful cavity search against New York City, but directs the parties involved to file supplement letters addressing whether his allegations stemmed from an official policy or custom.
Court: USDC Eastern District of New York, Judge: Kovner, Filed On: March 29, 2024, Case #: 1:21cv7183, NOS: Other Civil Rights - Civil Rights, Categories: Police Misconduct
J. Matsumoto dismisses a securities fraud class action against Immunovant, a drug manufacturer, over alleged misstatements and omissions made regarding the development, testing and marketing of one of its autoimmune disease medications. The court finds disagreements over the parties’ competing interpretations of data obtained in clinical trials is not actionable under securities laws, thus the investors fail to plead material misrepresentations and scienter.
Court: USDC Eastern District of New York, Judge: Matsumoto, Filed On: March 29, 2024, Case #: 1:21cv918, NOS: Securities/Commodities/Exchange - Other Suits, Categories: Health Care, Securities, Class Action
J. Hall rules in favor of a Brooklyn nightclub and dismisses a bartender’s labor law complaint alleging claims for unpaid wages, unlawful deductions, wage statement and notice violations and retaliation. The complaint fails to provide any documentation showing the nightclub earned more than $500,000 in annual revenue, therefore it is not a covered employer under Fair Labor Standards Act.
Court: USDC Eastern District of New York, Judge: Hall, Filed On: March 29, 2024, Case #: 1:20cv2842, NOS: Fair Labor Standards Act - Labor, Categories: Employment, Labor
J. Reyes Jr. rules against a Florida resident’s fraud complaint alleging her nephew misappropriated her $500,000 investment in a real estate property, finding her claims untimely.
Court: USDC Eastern District of New York, Judge: Reyes, Filed On: March 29, 2024, Case #: 1:19cv6202, NOS: Truth in Lending - Torts - Personal Property, Categories: Fraud, Property, Real Estate
J. Subramanian partially denies the company's motion to dismiss a securities fraud action alleging it falsely portrayed its business as having a unique, asset-light, consignment model when it really operated like any other used-car dealership. The investors lack statutory standing for the pre-merger statements, but adequately plead scienter for executives' financial projections on an earnings call and statements regarding its reliance on one main sourcing partner.
Court: USDC Southern District of New York, Judge: Subramanian, Filed On: March 29, 2024, Case #: 1:21cv5906, NOS: Securities/Commodities/Exchange - Other Suits, Categories: Fraud, Securities, Class Action
J. Morales finds that a company involved in a transportation contract, who did not employ the driver or own the truck involved in a fatal collision, is liable as a “statutory employer” for damages resulting from the collision. The fact that there are other liable employers involved in the contract does not insulate the company from liability. The court grants the suing party, family of the deceased motorist, summary judgment the regarding statutory liability claim.
Court: USDC Southern District of Texas, Judge: Morales, Filed On: March 29, 2024, Case #: 2:19cv94, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Transportation, Vehicle, Wrongful Death
J. Hanen grants summary judgment to the securities and exchange commission finding the bitcoin mining investments, offered by a company whose owners comingled funds, qualified as securities. Although the investments were bogus the scheme still falls under the jurisdiction of the securities and exchange commission and the company and its owners are subject to the agency’s claims against them.
Court: USDC Southern District of Texas, Judge: Hanen, Filed On: March 29, 2024, Case #: 4:20cv1187, NOS: Securities/Commodities/Exchange - Other Suits, Categories: Fraud, Securities, Conversion
J. Nardacci denies in part a motion for summary judgment in a wrongful death medical malpractice suit against a federally funded healthcare provider, finding the family estate’s expert witness, a cardiologist, is qualified to provide testimony regarding the decedent’s cause of death. The decedent died from a heart attack brought on by a rare heart condition shortly after he was taken off Clozaril, a medication to treat his mental health condition. However, three of the four healthcare personnel named in the suit are dismissed due to a lack of expert testimony implicating them in decedent’s death.
Court: USDC Northern District of New York, Judge: Nardacci, Filed On: March 29, 2024, Case #: 1:20cv574, NOS: Personal Injury - Medical Malpractice - Torts - Personal Injury, Categories: Experts, Wrongful Death, Medical Malpractice
J. Osteen partially denies a fire extinguisher company’s motion to dismiss a second amended class action complaint alleging a slew of allegations after many extinguishers failed to work properly. Almost all of the class’s claims allege violations of California and Florida state laws, and include unfair trade practices, fraud and breach of warranty. Most of the claims are barred by other state law regulations. However, several survive, including fraudulent inducement and implied warranty violations because the company concealed its knowledge of extinguisher malfunctions for 12 years before they were recalled in 2017.
Court: USDC Middle District of North Carolina, Judge: Osteen, Filed On: March 29, 2024, Case #: 1:21cv839, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, Trade, Warranty
J. Hanen denies summary judgment in a case involving trademark claims between two packaged food companies, where the suing company uses the label name “Daily Delight” and other “delight” phrases, and the sued firm uses the label name “Instant Delight,” which is not one of the suing company’s trademarked phrases. The sued firm says that, because “Instant Delight” is not one of plaintiff’s protected marks, they are entitled to summary judgment, but the suing competitor has presented evidence indicating that customers and vendors confuse the products, so the case can move on for determination at trial.
Court: USDC Southern District of Texas, Judge: Hanen, Filed On: March 29, 2024, Case #: 4:21cv2012, NOS: Trademark - Property Rights, Categories: Civil Procedure, Evidence, Trademark
J. Hanen finds that a homeowner whose home was damaged is not entitled to additional claims of breach of contract after accepting payment on her insurance claim. The homeowner claims that they are entitled to the full replacement costs without deduction of depreciation. The insurance company provided an avenue for full replacement costs with the submission of replacement receipts, but the homeowner has not submitted those receipts to claim full replacement.
Court: USDC Southern District of Texas, Judge: Hanen, Filed On: March 29, 2024, Case #: 4:23cv641, NOS: Insurance - Contract, Categories: Civil Procedure, Insurance