60 results for 'judge:"Jenkins"'.
J. Jenkins partially grants a Chicago suburb's motion for summary judgment on its Albanian-American former employee's national-origin discrimination, hostile work environment, and retaliation claims. The court finds the former employee has not sufficiently alleged her national-origin discrimination claim, but allows her hostile environment and retaliation claims stand to the extent that they are based on specific instances of abuse the former employee suffered from her coworkers.
Court: USDC Northern District of Illinois, Judge: Jenkins, Filed On: September 14, 2023, Case #: 1:20cv7379, NOS: Insurance - Contract, Categories: Employment Discrimination, Employment Retaliation
J. Jenkins partially grants an engineering consulting firm's motion for summary judgment, and denies its former employee's cross-motion for summary judgment, on the firm's claims that the former employee violated his employment contract. The court finds the former employee did violate his non-compete agreement with the firm when he jumped ship to work for one of the firm's competitors, but denies the firm judgment on the issues of causation and damages.
Court: USDC Northern District of Illinois, Judge: Jenkins, Filed On: September 13, 2023, Case #: 1:18cv6521, NOS: Other Contract - Contract, Categories: Employment, Interference With Contract, Contract
J. Jenkins partially grants the Federal Trade Commission's motion for summary judgment on its consumer protection claims against a group of telemarketing companies. The court finds those companies are liable for violating the Commission's Telemarketing Sales Rule for making calls to numbers on the federal Do Not Call List, and for assisting other telemarketing companies in doing the same. However, the court also grants the telemarketing companies' cross-motion for summary judgment on the Federal Trade Commission's claim that they are liable for calls to Do Not Call List numbers placed by their partners at IBT.
Court: USDC Northern District of Illinois, Judge: Jenkins, Filed On: September 1, 2023, Case #: 1:19cv1984, NOS: Other Statutory Actions - Other Suits, Categories: Consumer Law, Business Practices
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J. Jenkins partially grants McDonald’s motion to dismiss four civil rights claims brought against it by a former high-ranking employee. The former employee, who is Black, worked for McDonald’s for 35 years, including 10 years as its vice president of global safety, security, and intelligence. A public backlash against McDonald’s occurred after its CEO Christopher Kempczinski made racist comments in a text message to former Chicago mayor Lori Lightfoot in response to a Chicago shooting in 2021, and the employee said he faced his own backlash in the company after he criticized Kempczinski for his words. He was eventually terminated after Kempczinski blamed him for an incident in which the CEO was confronted directly by labor union activists in New York. The employee alleged multiple counts in his subsequent lawsuit against McDonald’s, and the court now dismisses two of them: hostile work environment and intentional infliction of emotional distress. The employee’s retaliation and disparate treatment claims, however, stand.
Court: USDC Northern District of Illinois, Judge: Jenkins, Filed On: August 22, 2023, Case #: 1:22cv7037, NOS: Employment - Civil Rights, Categories: Emotional Distress, Employment Discrimination, Employment Retaliation
J. Jenkins, in answer to a question certified from the U.S. Ninth Circuit, holds that the Fair Employment and Housing Act's definition of an employer, which includes "any person acting as an agent of an employer," allows employment discrimination liability to attach to a business entity that carries out Act-regulated activities as an agent of an employer.
Court: California Supreme Court, Judge: Jenkins, Filed On: August 21, 2023, Case #: S273630, Categories: Employment
J. Jenkins partially grants a bank's motions for summary judgment on a former employee’s ADA and FMLA violation and retaliation claims against it. The former employee claims the bank failed to accommodate her time off needs following a domestic abuse episode, and used her alleged breaches of the bank’s employee ethics standards — showing semi-nude photos of herself texts to coworkers, sending lewd texts and having her fiancé visit her office for an hour with the door closed — as pretext to fire her. The court grants the bank’s motion for judgment on the former employee’s ADA failure to accommodate and FMLA interference claims, but lets her retaliation claims and ADA disparate treatment
claim survive.
Court: USDC Northern District of Illinois, Judge: Jenkins, Filed On: August 18, 2023, Case #: 1:21cv1652, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Ada / Rehabilitation Act, Employment Discrimination, Employment Retaliation
J. Jenkins partially grants a pharmacy chain’s motion to dismiss unfair labor allegations brought by a class of call center workers who say the chain compelled them to perform unpaid labor — booting up and shutting down the call center’s computer systems — before the start and after the close of every shift. The court denies the chain’s motion to compel arbitration, finding that the arbitration clause in the workers’ contracts do not extend to the claims they allege here. The court also denies dismissal on personal jurisdiction grounds, finding it is still too early in the case to determine whether the Northern District of Illinois has that jurisdiction. However, the court does dismiss the workers’ overtime law violation allegations without prejudice, finding they have failed to state a claim but could easily do so with an amended complaint.
Court: USDC Northern District of Illinois, Judge: Jenkins, Filed On: August 18, 2023, Case #: 1:21cv5780, NOS: Fair Labor Standards Act - Labor, Categories: Arbitration, Class Action, Labor
J. Jenkins finds that the Civil Service Commission properly determined the police department rightfully fired a police officer. The police officer admitted that in a use of force statement he did not list the strike to the suspect's head. The Commission properly determined that the officer knowingly provided a false statement regarding when he un-holstered his firearm and intentionally withheld information about hitting the suspect with the firearm. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Jenkins, Filed On: August 18, 2023, Case #: 2023-CA-0003, Categories: Employment, Evidence
J. Jenkins holds that the lower courts properly found that state law preempts Monterey County's Measure Z, which passed in 2016 and bans oil and gas wastewater injection and the drilling of new oil and gas wells. The measure cannot be reconciled with the Public Resource Code, which regulates the development of oil and gas resources. The measure's outright ban on certain production methods contradicts the Code's mandate that the state oil and gas supervisor has the authority to consider all methods and practices. Affirmed.
Court: California Supreme Court, Judge: Jenkins, Filed On: August 3, 2023, Case #: S271869, Categories: Energy, Environment, Preemption
J. Jenkins finds that the trial court should not have denied defendant's motion to exclude other crimes evidence in his trial for first degree rape and home invasion. In this case, the testimonial statements made by the victim against defendant in 2014 related to a simple robbery charge did not involve sexual contact or sexually assaultive acts because there was no sexual contact. Further, the statements are not probative of the instant charges against defendant. Reversed in part.
Court: Louisiana Court Of Appeal, Judge: Jenkins, Filed On: July 28, 2023, Case #: 2023-K-0253, Categories: Evidence, Sex Offender
J. Jenkins grants Chicago and a group of Chicago officers' motion for summary judgment on a number of civil rights claims brought by a man wrongly held in pretrial detention for five years. Despite the years the man waited without a trial, the police by-and-large acted reasonably in detaining him on suspicion of a robbery. Also, several of the officers are entitled to qualified immunity regardless.
Court: USDC Northern District of Illinois, Judge: Jenkins, Filed On: July 25, 2023, Case #: 1:19cv4001, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Immunity, Police Misconduct
J. Jenkins finds that the trial court should not have granted defendant's post-conviction relief claim, in which he sought relief from the life sentence imposed after being adjudicated a third felony offender. In this case, defendant's application did not raise a claim of ineffective assistance. Also, the trial court's reinstatement of the three-year sentence was improper based on its own prior ruling which denied defendant's motion to quash the first multiple bill based on the validity of the 2016 plea agreement. Vacated.
Court: Louisiana Court Of Appeal, Judge: Jenkins, Filed On: July 21, 2023, Case #: 2023-K-0396, Categories: Ineffective Assistance, Sentencing
J. Jenkins partially grants BMW’s motion to dismiss an amended patent infringement complaint brought against it by a auto part manufacturer. The court dismisses the claims related to three individual patents — for engine valve timing calculation methods, an electronic throttle control system and a power consumption measuring device — and dismisses another complaint until the part manufacture can address the court’s questions of jurisdiction, but allows the other claims to survive.
Court: USDC Northern District of Illinois, Judge: Jenkins, Filed On: July 21, 2023, Case #: 1:22cv3804, NOS: Patent - Property Rights, Categories: Patent, Business Practices
J. Jenkins holds that the trial court jury instructions on first degree murder were in line with the Sanchez holding on substantial concurrent causation. Defendants participated in a gun battle in a crowded public place with the intent to kill their gang rivals. This satisfied the proximate cause element required to convict them of first degree murder for a bystander's death. And even though the bullet that killed the bystander was fired by their rival, their mental states in setting up the attack and firing wildly satisfied the mens rea element. Affirmed.
Court: California Supreme Court, Judge: Jenkins, Filed On: July 20, 2023, Case #: S260063, Categories: Murder, Jury Instructions
J. Jenkins denies the U.S. Postmaster General’s motion for summary judgment on employment discrimination claims brought by a disabled former postal worker. The court finds the worker has adequately alleged that her supervisors at the post office failed to properly accommodate her foot injury, which she received on the job, and that the same superiors conspired to get her fired.
Court: USDC Northern District of Illinois, Judge: Jenkins, Filed On: July 6, 2023, Case #: 1:20cv7406, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Civil Rights, Ada / Rehabilitation Act, Employment Discrimination
J. Jenkins grants a television channel’s motion to dismiss a privacy class action, brought by viewers who claim it illegally scraped their video viewing data off of Facebook. The court finds the class of viewers failed to state a claim, as they purchased no service from the television channel and are thus not “consumers” per the Video Privacy Protection Act.
Court: USDC Northern District of Illinois, Judge: Jenkins, Filed On: July 6, 2023, Case #: 1:22cv5963, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Privacy, Class Action, Technology
J. Jenkins partially grants an Illinois' city's motion for summary judgment on employment discrimination and retaliation claims brought by one of its former employees. That former employee objected to the city converting her finance director position from part-time hourly to full-time salaried, its decision to fire her when she refused to work the longer hours for less money, and its move to outsource its finance department to a private firm. The court dismisses her claims brought under the Equal Protection Clause, the Illinois Human Rights Act and the First Amendment, but allows her gender discrimination, Illinois Whistleblower Act and retaliatory termination claims to proceed.
Court: USDC Northern District of Illinois, Judge: Jenkins, Filed On: June 29, 2023, Case #: 1:18cv2475, NOS: Employment - Civil Rights, Categories: Employment Discrimination, Whistleblowers, Employment Retaliation
J. Jenkins finds that the trial court's May 23, 2022 judgment is a final judgment for purposes of appeal under statute. Therefore, the matter is remanded to the trial court for treatment of the relator’s notice of intent as a motion for appeal.
Court: Louisiana Court Of Appeal, Judge: Jenkins, Filed On: June 26, 2023, Case #: 2022-C-0522, Categories: Civil Procedure
J. Jenkins denies the Chicago Park District’s motion to dismiss civil rights violations claims brought by four gay soccer fans. The fans attended the 2019 Gold Cup final between the U.S. and Mexico at Chicago’s Soldier Field, where they say they were mocked by Mexico fans chanting “Eh puto!” — “puto” being a Spanish vulgarity sometimes used to refer to gay men and male prostitutes. The fans allege the Chicago Park District and Soldier Field personnel did not enforce their own anti-discrimination policies on the Mexico fans, and the court finds there are still too many factual controversies to make dismissal appropriate. The court also rejects the park district’s argument that it is shielded from liability under the Illinois Tort Immunity Act.
Court: USDC Northern District of Illinois, Judge: Jenkins, Filed On: June 22, 2023, Case #: 1:21cv5581, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Tort, Emotional Distress
J. Jenkins finds the trial court properly granted a driver's peremptory exception of prescription in a case concerning claims against him arising from a car collision. The other driver did not show the insurer's settlement offer was an unconditional offer that was sufficient to interrupt prescription. Further, her claims prescribed on April 26, 2022 and she filed her petition on May 18, 2022, and her claims were not preserved. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Jenkins, Filed On: June 20, 2023, Case #: 2022-CA-0726, Categories: Insurance, Contract
J. Jenkins finds that the trial court should not have denied defendant's motion to exclude other crimes evidence. Defendant was charged with first-degree rape and home invasion. The testimonial statements from a witness that defendant used sexually suggestive language towards her and exhibited an aggressive demeanor should not have been admitted because it is not particularly probative of the charges since there was no sexual contact or sexually explicit acts. Reversed in part.
Court: Louisiana Court Of Appeal, Judge: Jenkins, Filed On: June 15, 2023, Case #: 2023-K-0253, Categories: Criminal Procedure, Evidence, Sex Offender
J. Jenkins grants the defendant engineering services company’s motion for summary judgment on a failure to accommodate claim brought by one of its former employees. The company fired plaintiff after he took an extended Family and Medical Leave Act leave to address bouts of depression, anxiety and panic attacks. The court finds the company was within its rights to fire the employee, as his mental state left him unable to operate machining tools, his primary job task.
Court: USDC Northern District of Illinois, Judge: Jenkins, Filed On: June 8, 2023, Case #: 1:18cv7079, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Ada / Rehabilitation Act, Employment, Employment Discrimination
J. Jenkins grants a marketing services company’s motion for partial summary judgement on cross-claims it brought against a call center in an underlying Telephone Consumer Protection Act class action suit. The court finds the call center breached its contract with the marketing services company in a number of ways: by failing to obtain liability insurance, failing to ensure vendor compliance, etc.
Court: USDC Northern District of Illinois, Judge: Jenkins, Filed On: June 7, 2023, Case #: 1:21cv2403, NOS: Telephone Consumer Protection Act (TCPA) - Other Suits, Categories: Consumer Law, Class Action, Contract
J. Jenkins finds that the trial court properly determined that a lender's claim against a borrower did not prescribe. Although the lender sent a letter to the borrower stating that he was in default, the letter did not state that it was accelerating or requiring the borrower to pay the entire outstanding balance. Therefore, the letter was not an exercise of the option for the lender to accelerate the note, and the claim has not prescribed. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Jenkins, Filed On: May 22, 2023, Case #: 2022-CA-0457, Categories: Banking / Lending, Contract
J. Jenkins finds that the trial court should not have awarded attorney fees and costs to a landowner on a claim for environmental and private damages after the oil company entered a limited admission of liability as to three of the four tracts of land. The landowner should not have been awarded fees and costs for work performed in pursuit of its unsuccessful private damages claims at trial and for work outside the scope of Act 312. The date the trial began through the last date included in the submitted billing records must be excluded from the total award. Reversed in part.
Court: Louisiana Court Of Appeal, Judge: Jenkins , Filed On: May 22, 2023, Case #: 2022-CA-0383, Categories: Environment, Attorney Fees, Contract