50 results for 'judge:"Rubin"'.
J. Rubin grants in part the Department of Veteran Affairs' motion to dismiss allegations of race discrimination and retaliation brought by the VA Director of Operations. The director, a Black man, presents a host of grievances, including undeserved negative performance reviews, denials of his requests for leave and ridicule for lateness. However, he has not presented sufficient evidence that any action by the department was motivated by race. Nonetheless, these same actions can be construed to be adverse actions by the department under the retaliation claim.
Court: USDC Maryland, Judge: Rubin, Filed On: September 18, 2023, Case #: 8:20cv3684, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination, Employment Retaliation
J. Rubin grants Baltimore Gas & Electric's motion for summary judgment following allegations of race and sex discrimination brought by a former billing specialist. Summary judgment is appropriate as to Baltimore Gas & Electric (BGE) because the specialist didn't realize it was separate from the company that actually employed him, CAEI, and, therefore, did not mention BGE in his EEOC claim. Consequently, the specialist's theory that the two were joint employers fails.
Court: USDC Maryland, Judge: Rubin, Filed On: September 12, 2023, Case #: 1:21cv2295, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination, Employment Retaliation
J. Rubin grants a marketing agency its motion to dismiss a consultant's claim that it owes him $102,000 from a deal he secured on behalf of actor Kevin Hart with Coca-Cola. The agency promised the consultant a certain percentage of what Hart paid it for two commissions with Coke, but the agency claimed it had never received the money from Hart. The consultant also sued the agency for 20 months' salary he allegedly earned but never received, equaling $130,000. However, as the actions being litigated happened in 2013 and 2014, the entire complaint is time-barred under the FLSA.
Court: USDC Maryland, Judge: Rubin, Filed On: September 11, 2023, Case #: 1:22cv3095, NOS: Fair Labor Standards Act - Labor, Categories: Contract, Labor
J. Rubin finds in favor of a county and two of its police officers in a lawsuit stemming from officers arresting a man for a murder he did not commit. The man, who spent over one year in prison awaiting trial, was acquitted by a jury. Based on eyewitness reports and camera footage, the man was mistakenly identified as the gunman. The man argues malicious prosecution, but this fails because there was probable cause for his arrest. Therefore, the officers and county have the right to qualified immunity.
Court: USDC Maryland, Judge: Rubin, Filed On: September 11, 2023, Case #: 1:21cv347, NOS: Other Civil Rights - Civil Rights, Categories: Malicious Prosecution, Immunity
J. Rubin vacates the approval of an attorney’s motion for summary judgment against a man and his daughter who sued him for improperly preparing the certificate of title for a property they purchased. The attorney missed an encumbrance on the property by searching only by the property at the registry of deeds instead of searching the property’s prior owners.
Court: Massachusetts Court Of Appeals, Judge: Rubin, Filed On: September 7, 2023, Case #: 22-P-102, Categories: Property, Real Estate, Legal Malpractice
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J. Rubin partially grants a group of firms involved in manufacturing and procuring face masks their motion to dismiss allegations of RICO violations and fraud brought by a marketing company. The company agreed to purchase a large number of masks, but the masks the group provided did not meet FDA approval as promised. The RICO claims are dismissed as the company was unable to establish a long-term intentionally criminal scheme. However, the company has plausibly alleged fraud against all the firms because of their deception when they sold the insufficient masks to the company while claiming the masks were FDA-approved.
Court: USDC Maryland, Judge: Rubin, Filed On: September 6, 2023, Case #: 1:21cv1472, NOS: Racketeer Influenced and Corrupt Organizations (RICO) - Other Suits, Categories: Fraud, Contract, Racketeering
J. Rubin grants CVS its motion for summary judgment in a suit where a pneumonia and tetanus vaccine recipient alleges that she was injured when receiving the two injections. The injury, which came from the CVS staff member injecting both vaccines into virtually the same place in the recipient’s arm, caused her to develop complex regional pain syndrome. However, because the recipient and several experts could not determine whether one or the other injection, or both, ultimately caused her symptoms, her negligence claim fails.
Court: USDC Maryland, Judge: Rubin, Filed On: September 6, 2023, Case #: 1:21cv589, NOS: Personal Injury - Health Care/Pharmaceutical Personal Injury/Product Liability - Torts - Personal Injury, Categories: Health Care, Negligence
J. Rubin partially denies a mortgage company its motion for dismissal of multiple allegations including negligence and fraud brought by a property owner. The company invited him to apply for mortgage assistance again after it denied his initial application even though it had said his mortgage was not qualified. The owner reapplied because he had to do so to remain on the property. Next, he received notice that his mortgage was in default from a debt collection law firm. At this stage, it is not clear whether the company owed the owner a tort duty, so negligence cannot be dismissed. Also, the company continued to pitch assistance to him knowing his mortgage did not qualify, and he went into default as a result. Thus, fraud cannot be ruled out either at this point.
Court: USDC Maryland, Judge: Rubin, Filed On: August 29, 2023, Case #: 1:21cv3012, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, Property, Banking / Lending
J. Rubin partially denies a municipality its motion to dismiss race discrimination allegations brought by a police communications officer, who is a Black man. The department fired the officer after he took a picture of a woman who entered the station where he worked and was behaving strangely. She threw chairs and then laid down on the floor. The officer sent the picture to others in the department through the Snapchat app, and the department fired him shortly thereafter. The officer cites differential treatment compared to his white coworkers who engaged in similar behavior. Although the officer’s claim of retaliation does not hold up because he admits he violated the department’s social media policy, his discrimination claim survives dismissal at this stage.
Court: USDC Maryland, Judge: Rubin, Filed On: August 28, 2023, Case #: 1:22cv2628, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination, Employment Retaliation
J. Rubin reverses a determination that only employees who establish that they are permanently unable to perform the essential duties of their work on their last day of employment are eligible for disability retirement benefits. Supporting that determination would mean supporting eliminating disability retirement benefits for many workers with degenerative or progressive conditions caused by work accidents.
Court: Massachusetts Court Of Appeals, Judge: Rubin, Filed On: August 25, 2023, Case #: 21-P-707, Categories: Ada / Rehabilitation Act, Erisa, Workers' Compensation
J. Rubin grants a trade company and a sugar refinery their motion to vacate an arbitration award that went to a longshoremen's union after the refinery fired one a bulk storage foreman. The refinery had written the foreman up multiple times for tardiness, long absences, and leaving without notifying anyone, and fired him after three infractions. An arbitrator awarded the union its demands for the foreman's reinstatement and back pay because he believed the foreman's offenses weren't severe enough to breach the collective bargaining agreement. However, the award is vacated because the foreman's termination should have been based on his violations of the agreement itself, not on the arbitrator's opinion of how severely it was violated.
Court: USDC Maryland, Judge: Rubin, Filed On: August 24, 2023, Case #: 1:22cv2876, NOS: Labor/Management Relations - Labor, Categories: Arbitration, Employment, Labor / Unions
J. Rubin grants the secretary of the United States Air Force his motion to dismiss a petition that the court vacate convictions in an underlying court-martial against a former airman for raping his wife then revealing suicidal and homicidal ideation at a medical center. The airman, who had previously filed a habeas corpus petition, was denied relief and fails to allege an express waiver of sovereign immunity. Therefore, the court does not have subject matter jurisdiction over his claims.
Court: USDC Maryland, Judge: Rubin, Filed On: August 22, 2023, Case #: 8:22cv1509, NOS: Other Civil Rights - Civil Rights, Categories: Jurisdiction, Habeas, Assault
J. Rubin grants the Social Security Administration commissioner’s motion to dismiss allegations of race and gender discrimination and retaliation brought by a former union representative who recently became part of the agency’s management team. The former union rep, a Black woman, claims the agency failed to promote her and several coworkers harassed her when she switched from the union to management side. She has not sufficiently made a connection between her protected activity and a hostile work environment. She also fails to exhaust her administrative remedies.
Court: USDC Maryland, Judge: Rubin, Filed On: August 10, 2023, Case #: 1:21cv502, NOS: Employment - Civil Rights, Categories: Social Security, Employment Discrimination, Labor / Unions
J. Rubin finds that the trial court properly granted the neighborhood advocacy group's request for a writ of mandate preventing the city from following through on a project that would replace apartments subject to rent stabilization with a hotel. The advocacy group argues that the project is not consistent with a general plan policy concerning the preservation of affordable housing, and the record does not indicate that the city weighed and balanced all applicable policies regarding preservation of affordable housing and relocation of tenants. Affirmed.
Court: California Courts Of Appeal, Judge: Rubin , Filed On: July 25, 2023, Case #: B321050, Categories: Municipal Law, Housing
J. Rubin grants the Maryland Transit Administration’s motion to dismiss allegations of ADA violations and retaliation brought by a former light rail supervisor of operations after the administration demoted her. The supervisor lost vision in her left eye, and a doctor determined she could no longer safely do her job. She alleges that the administration effectively forced her to retire as it would not accommodate her nor offer her another position. However, the administration retains sovereign immunity as to the ADA allegations. Additional FEPA claims will be remanded to the Baltimore circuit court.
Court: USDC Maryland, Judge: Rubin, Filed On: July 18, 2023, Case #: 1:22cv2493, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Ada / Rehabilitation Act, Employment, Employment Retaliation
J. Rubin grants a construction firm’s motion for summary judgment following its allegations of breach of contract with its subcontractor, which filed a counterclaim for the same reason. The two had an agreement while working on construction of a FedEx facility, and previously a dispute was settled as to the balance owed by the firm to the subcontractor, but the subcontractor claimed the firm did not fulfill all of it obligations. However, the subcontract continued to be in effect after the settlement was reached and obligates the subcontractor to complete work before the firm is obligated to pay its balance.
Court: USDC Maryland, Judge: Rubin, Filed On: July 11, 2023, Case #: 1:20cv3783, NOS: Other Contract - Contract, Categories: Construction, Settlements, Contract
J. Rubin grants a technical services firm’s motion to dismiss allegations of race and gender discrimination brought by a former information systems security officer after her white, male supervisors and coworkers refused to show her certain security documents necessary for her to do her job. Another time, they told her she must take a certification test and gave her no time to prepare, leading to her failing the test and her subsequent removal from the security team. This suit is against three separate firms, but the officer has not exhausted her administrative remedies because she treats the three firms as one in her complaint instead of suing them separately.
Court: USDC Maryland, Judge: Rubin, Filed On: July 10, 2023, Case #: 8:22cv949, NOS: Employment - Civil Rights, Categories: Corporations, Employment, Employment Discrimination
J. Rubin grants a fire protection equipment and services firm’s motion for summary judgment against Nationwide’s negligence and breach of warranties claims when the sprinkler system in a local community center froze and caused water damage. According to the agreement, the actions of the firm are covered and therefore, Nationwide cannot recover $294,000 in damages from the firm.
Court: USDC Maryland, Judge: Rubin, Filed On: June 14, 2023, Case #: 1:20cv684, NOS: All Other Real Property - Real Property, Categories: Insurance, Damages, Contract
J. Rubin finds the trial court must reconsider defendant's probation revocation after finding defendant guilty of only one of two underlying offenses. The trial court must determine whether revocation is justified due to defendant's forgery or misuse of a New Jersey driver's license. Reversed in part.
Court: Massachusetts Court Of Appeals, Judge: Rubin, Filed On: May 23, 2023, Case #: 21-P-844 , Categories: Probation, Forgery