69 results for 'judge:"Hall"'.
J. Hall partially grants the individuals' motions to dismiss a civil rights and wrongful death action brought by the children of the decedent. The civil rights claim is dismissed due to the children's failure to allege a violation of a federal right. The children's motion to remand the action is denied because the individuals established there was unanimous consent to remove the action at the time of removal. The remaining state law claims are remanded to the state court of Tattnall County.
Court: USDC Southern District of Georgia, Judge: Hall, Filed On: February 13, 2024, Case #: 6:23cv16, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Wrongful Death
J. Hall grants the employer's and driver's motion to dismiss a wrongful death action brought by the estate creditor after the decedent's death in a car collision. The estate creditor is not a proper plaintiff to bring a wrongful death claim under Georgia law since he has not alleged he is the administrator or executor of the decedent's estate. The only other plaintiffs who can bring a wrongful death claim are the decedent's surviving spouse or children.
Court: USDC Southern District of Georgia, Judge: Hall, Filed On: January 19, 2024, Case #: 1:23cv103, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Wrongful Death
J. Hall grants the landlord company's renewed motion to dismiss in an action brought by the tenant arising from eviction proceedings. The motion is construed as a motion for judgment on the pleadings. The tenant's claims against the company are barred by res judicata because the parties in the instant action are identical to those in a previous action and the two cases involve the same cause of action related to the parties' rights under a lease. The previous action also ended with a final judgment in the company's favor. The claims against all parties other than the second company are dismissed. Although the tenant failed to assert any claims or factual allegations against the second company, the tenant is ordered to file an amended complaint to cure his pleading deficiency.
Court: USDC Southern District of Georgia, Judge: Hall, Filed On: January 10, 2024, Case #: 1:20cv176, NOS: Other Civil Rights - Civil Rights, Categories: Landlord Tenant
J. Hall denies the sons' motion for leave to join an additional party and remand to Richmond County state court a negligence and premises liability action against the convenience store arising after their mother was fatally shot on the premises. The sons failed to provide necessary citizenship information to sufficiently allege that the car wash owner is a Georgia citizen. The sons also could have discovered that the car wash owner shares the property where the mother was shot before filing the action.
Court: USDC Southern District of Georgia, Judge: Hall, Filed On: December 28, 2023, Case #: 1:23cv69, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Negligence, Premises Liability
J. Hall denies the thrift shop operator's motion to dismiss an action brought by the employees arising from injuries they suffered while working at the shop, which is located on federal property, and grants the employees' motion for leave to file a second amended complaint. Although the employees filed their motion to amend after the scheduling order's amendment deadline, the statute of limitations has not yet run on the employees' claims against the United States. While the United States is not a necessary party for the employees to proceed against, allowing the employees to amend their complaint would be in the interest of judicial economy to prevent duplicative burdens on the parties.
Court: USDC Southern District of Georgia, Judge: Hall, Filed On: December 15, 2023, Case #: 1:22cv156, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Civil Procedure
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J. Hall grants the client's motion to dismiss copyright claims brought by the marketing services company, ruling that because the marketing company's cease-and-desist letter did not contain an offer to return payments made by the client, it cannot seek recission of the copyright purchase contract, which is valid and transferred ownership to the client.
Court: USDC Connecticut, Judge: Hall, Filed On: December 15, 2023, Case #: 3:22cv1175, NOS: Copyrights - Property Rights, Categories: Copyright, Contract
J. Hall finds a mother and father not liable for their son’s unpaid rent or the costs in damages to a condominium property and dismisses the landlord’s breach of contract and aiding and abetting claims stemming from two lease agreements. The landlord fails to allege the parents were parties to either lease agreement or were under any obligation to correct any misrepresentation the son may have made in furtherance of any alleged fraud.
Court: USDC Eastern District of New York, Judge: Hall, Filed On: December 11, 2023, Case #: 1:22cv3504, NOS: Other Contract - Contract, Categories: Fraud, Landlord Tenant, Contract
J. Hall finds a marble countertop supplier liable for an employee’s unpaid regular and overtime compensation and wage statement violations and orders the supplier to pay $31,063 in unpaid overtime compensation, $8,104 in unpaid regular wages, plus liquidated damages, penalties, pre- and post-judgment interest, as well as attorney fees and costs. The supplier failed to present any witness testimony at trial to back up its claims that the litigant was an exempt, salaried manager.
Court: USDC Eastern District of New York, Judge: Hall, Filed On: November 30, 2023, Case #: 2:18cv6103, NOS: Fair Labor Standards Act - Labor, Categories: Damages, Attorney Fees, Labor
J. Hall denies the city and police officers' motion for summary judgment on ADA claims brought by the decedent's estate, ruling that even though the officers had been told the decedent was armed with knives, he was unarmed when he opened his apartment door. Therefore, the officers' decision to immediately tackle him to the ground despite knowing he had schizophrenia could be construed as a failure to accommodate and deliberate indifference.
Court: USDC Connecticut, Judge: Hall, Filed On: November 7, 2023, Case #: 3:20cv1834, NOS: Amer w/Disabilities - Other - Civil Rights, Categories: Ada / Rehabilitation Act, Wrongful Death, Medical Malpractice
J. Hall denies the real estate agent's motion to dismiss, ruling that while the contaminated soil at the home cost only $40,000 to remediate, the buyer's potential claim for punitive damages would put the value of her claims over the $75,000 jurisdictional threshold and, therefore, the district court has jurisdiction over the case.
Court: USDC Connecticut, Judge: Hall, Filed On: November 3, 2023, Case #: 3:23cv1065, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, Real Estate, Jurisdiction
J. Hall rules in favor of the warden and prison officials in a civil rights and excessive force action brought by an inmate under the Religious Land Use and Institutionalized Persons Act alleging that his religious rights were violated when he was prevented from wearing his Rastafarian beanie. The inmate also alleges he was injured by officials who threw him to the ground and used a Taser on him after he refused to be handcuffed for a haircut he rejected based on his Rastafarian beliefs. Even if the inmate was briefly choked by an official, the evidence does not show that the officials acted with an intent to cause him harm. The officials applied force in good faith to subdue the inmate. The inmate failed to show that the prison's grooming policy substantially burdened his religious practice. The officials did not violate the inmate's First Amendment rights when they removed his beanie for inspection and a haircut.
Court: USDC Southern District of Georgia, Judge: Hall, Filed On: October 31, 2023, Case #: 1:21cv100, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, First Amendment, Prisoners' Rights
J. Hall upholds the magistrate judge's order and denies the individual's motion for recusal as to all of the judges of the southern and middle districts of Georgia, including the instant judge. The individual failed to provide a sufficient basis for the instant judge's recusal. The allegations that the judge is biased against the individual based on his race and that the judge colluded with other federal judges and officers to help the opposing parties in the individual's cases are conclusory and unsupported in fact. The individual's motion for reconsideration of the order reassigning the case to the instant court is also rejected.
Court: USDC Southern District of Georgia, Judge: Hall, Filed On: October 30, 2023, Case #: 1:20cv161, NOS: Other Civil Rights - Civil Rights, Categories: Civil Procedure
J. Hall upholds the magistrate judge's order and denies the individual's motion for recusal as to all judges of the southern and middle districts of Georgia, including the instant judge. The individual failed to provide a sufficient basis for the judge's recusal. The individual's allegations that the judge is biased against him based on his race and that the judge colluded with federal judges and officers to help opposing parties in the individual's cases by ruling against him are conclusory and unsupported in fact. The individual's motion for reconsideration of an order reassigning the case to the instant court is also denied.
Court: USDC Southern District of Georgia, Judge: Hall, Filed On: October 30, 2023, Case #: 1:20cv176, NOS: Other Civil Rights - Civil Rights, Categories: Civil Procedure
[Consolidated.] J. Hall grants a motion for judgment on the pleadings and finds in favor of a collection agency on a self-represented debtor’s Fair Debt Collection Practices Act complaint alleging it failed to validate an alleged debt. The debtor’s conclusory arguments that he suffered emotional distress after receiving the creditor’s collections notice fails to establish standing, and the creditor met its obligations in regards to verifying the debt. His Section 1983 civil rights claims fail on the basis that the collection agency is not a state actor or was acting under the color of state law.
Court: USDC Eastern District of New York, Judge: Hall, Filed On: September 29, 2023, Case #: 1:22cv2066, NOS: Consumer Credit - Other Suits, Categories: Civil Rights, Debt Collection, Consumer Law
J. Hall grants partial judgment to New York University and dismisses a Black employee’s race-based failure to promote claims alleging it dissuaded her from applying for promotions and also denied her promotion requests n the basis of her race. She fails to articulate which positions she was denied, and her claims centered around the idea that the university endorsed a continuous pattern of discrimination through an informal policy that required employees to be interviewed by the heads of the HR department before interviewing for a promotion fail. She failed to allege the purported policy was discriminatory or even in existence at the time the alleged actions occurred.
Court: USDC Eastern District of New York, Judge: Hall, Filed On: September 29, 2023, Case #: 1:22cv1054, NOS: Employment - Civil Rights, Categories: Employment Discrimination
J. Hall culls a class action anti-trust conspiracy lawsuit brought by a group of American citizens alleging Haiti’s former president, Michel Martelly, in a wide-ranging scheme colluded with various financial institutions and telecommunications companies to impose illegal fees on money transfers, food remittances and international calls made to and from Haiti, and embezzled a portion of the fees through a $9 million loan provided by Unibank S.A. to build a beach house property. The only claim to survive is one under the federal Communications Act which alleges two telecommunications providers subjected them and other class members to undue, unreasonable prejudice and disadvantage when they raised the per minute charge on international calls made to Haiti by $0.05.
Court: USDC Eastern District of New York, Judge: Hall, Filed On: September 29, 2023, Case #: 1:18cv7340, NOS: Antitrust - Other Suits, Categories: Antitrust, Communications, International Law
J. Hall rules in favor of the insurer in a breach of contract and declaratory judgment action brought by the insureds in a dispute arising out of two policies issued to the insureds before and during the Covid-19 pandemic. The insureds alleged that sub-limits for communicable disease provisions in the policies apply on a per-location basis rather than globally. The policy sub-limits unambiguously apply globally and the insurer has paid out the maximum amount of coverage due under the policies.
Court: USDC Southern District of Georgia, Judge: Hall, Filed On: September 28, 2023, Case #: 1:21cv19, NOS: Insurance - Contract, Categories: Insurance, Covid-19, Contract
J. Hall grants the prison officials' renewed motion to dismiss a civil rights and wrongful death action brought by the widow after her incarcerated husband was fatally stabbed by his cellmate. The widow failed to sufficiently allege that the officials knew the husband faced a risk of serious harm due to the cellmate's history of violent attacks and getting caught with contraband. There are no allegations that the supervisory officials directly participated in the alleged deliberate indifference to the husband. The supervisory officials are entitled to qualified immunity.
Court: USDC Southern District of Georgia, Judge: Hall, Filed On: September 27, 2023, Case #: 6:22cv80, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Wrongful Death
J. Hall grants the insurer's motion for summary judgment, ruling it has no duty to defend the policyholders in an underlying wrongful death lawsuit because the claims in the suit, which involve a drug overdose at the covered property, are excluded under the policy's controlled substance exclusion.
Court: USDC Connecticut, Judge: Hall, Filed On: September 26, 2023, Case #: 3:22cv41, NOS: Insurance - Contract, Categories: Insurance, Wrongful Death, Contract
J. Hall grants, in part, Yale University's motion to dismiss, ruling the constitutional claims filed against it as a state actor by the minority-owned snow removal service fail as a matter of law because the dispute between the parties arose from a purely commercial transaction, not a public function; therefore, the university cannot be considered a state actor.
Court: USDC Connecticut, Judge: Hall, Filed On: September 26, 2023, Case #: 3:22cv1160, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Contract
J. Hall denies, in part, the contractor's motion to dismiss counterclaims filed by the federal government, ruling that because the contractor had an independent duty to create a safe work environment for the workers killed by a steam system during repairs, the government can seek indemnification on the wrongful death claim filed by the estate.
Court: USDC Connecticut, Judge: Hall, Filed On: September 12, 2023, Case #: 3:22cv352, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Government, Wrongful Death, Indemnification
J. Hall dismisses a class action brought by a group of foster children who claim the New York State Office of Children and Family Services' foster care certification process violated their constitutional rights to due process when it denied their proposed caregivers' foster care certification due to prior criminal convictions. The children, many of whom still reside with their proposed caregivers, have each failed to articulate a prior or future injury and, thus, lack standing to assert their claims.
Court: USDC Eastern District of New York, Judge: Hall, Filed On: September 12, 2023, Case #: 1:21cv6229, NOS: Other Civil Rights - Civil Rights, Categories: Family Law, Due Process, Class Action
J. Hall partially grants the school district's motion for a more definite statement and to strike immaterial allegations from the employee's first amended complaint alleging civil rights and employment retaliation claims. The employee, a Black woman, claimed she was mistreated due to her race. The action has elements of a shotgun pleading which leave the school district and the officials unable to ascertain which claims are against them. The inclusion of historical facts from the last 136 years is also irrelevant. The employee is directed to file a second amended complaint within 14 days of the instant order.
Court: USDC Southern District of Georgia, Judge: Hall, Filed On: September 11, 2023, Case #: 5:22cv53, NOS: Other Civil Rights - Civil Rights, Categories: Employment Discrimination, Employment Retaliation
J. Hall grants, in part, the employer's motion for summary judgment, ruling that while the 61-year-old employee was effectively replaced by a younger employee, the employer had a legitimate reason to fire him as part of a cost-cutting strategy during the Covid-19 pandemic, which significantly impacted the company's finances and forced it to downsize.
Court: USDC Connecticut, Judge: Hall, Filed On: September 8, 2023, Case #: 3:21cv1435, NOS: Family and Medical Leave Act - Labor, Categories: Evidence, Covid-19, Employment Discrimination
J. Hall grants the city's motion to remand a trespass and continuing nuisance action against the companies back to Glynn County superior court. The action arose after the companies allegedly polluted waters and marshlands on the city's property by releasing mercury and other chemicals. The companies failed to show they were acting under a federal officer when they allegedly released the pollutants while under EPA supervision. The city's action does not state a federal question or challenge the sufficiency of the companies' remedial efforts under the Comprehensive Environmental Response, Compensation and Liability Act. The companies failed to show that the power company was fraudulently joined to defeat diversity jurisdiction.
Court: USDC Southern District of Georgia, Judge: Hall, Filed On: September 1, 2023, Case #: 2:22cv132, NOS: Other Statutory Actions - Other Suits, Categories: Environment, Venue
J. Hall grants a motion for judgment on the pleadings and finds in favor of a group of special agents with the Immigration and Customs Enforcement’s Child Exploitation Group of Homeland Security department on a mother’s false arrest, malicious prosecution and failure to intervene claims. She alleges they fabricated evidence that alleged she sexually exploited her five-year-old daughter. The court finds the case presents a new context under the Bivens framework in several aspects which preclude the court from ruling on her claims.
Court: USDC Eastern District of New York, Judge: Hall, Filed On: August 29, 2023, Case #: 1:15cv34, NOS: Other Civil Rights - Civil Rights, Categories: Immigration, Malicious Prosecution, Police Misconduct
J. Hall denies the insurer's motion for summary judgment in a declaratory judgment action seeking an order affirming that it has no obligation to indemnify the insureds in an underlying negligence action arising from the death of an individual in a car accident. The insurer failed to show that the vehicle involved in the accident is a recreational vehicle under the policy and failed to argue that the policy exclusions apply based on the allegations of the underlying action.
Court: USDC Southern District of Georgia, Judge: Hall, Filed On: August 17, 2023, Case #: 1:21cv75, NOS: Insurance - Contract, Categories: Insurance, Contract
J. Hall denies the employee's and employer's joint motion for entry of final judgment for one employee in a labor class action against the employer alleging violations of overtime provisions of the Fair Labor Standards Act. The employee accepted the employer's offer of judgment in the amount of $18,000 plus $3,700 in attorney fees and filed a notice of acceptance. The parties failed to submit documentation supporting their proposed attorney fees and costs. The employees' motion for conditional class certification is denied because they failed to show that other employees want to opt in to the action.
Court: USDC Southern District of Georgia, Judge: Hall, Filed On: August 16, 2023, Case #: 1:22cv70, NOS: Fair Labor Standards Act - Labor, Categories: Settlements, Class Action, Labor