51 results for 'judge:"Russell"'.
J. Russell grants the defendant employer's motion for summary judgment in this lawsuit brought by a former respiratory therapist, who alleges that her termination was "racially motivated." The respiratory therapist's Title VII claim is time-barred. Also, she fails to show that the employer's given reason for her termination was pretextual. The employer contends that she breached hospital policy "by making inappropriate statements to a patient's family member," and the record shows that a second employee was also terminated for her role in the incident.
Court: USDC Western District of Oklahoma , Judge: Russell, Filed On: September 25, 2023, Case #: 5:22cv670, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination
J. Russell partially denies a police corporal, sergeant and the state police department their motions to dismiss race discrimination allegations brought by two officers who are both Black men. Among other claims, the officers report that the corporal sent a racist text to all members of an organized crime drug enforcement task force, of which the officers were members. The text included an image of a nude Black man with "exposed and enlarged genitals" superimposed on a picture of George Floyd during his arrest and subsequent death. This and other behavior allegedly created a hostile work environment for the officers to the point where one left the task force. While the officers fail to give enough information in their comparators, it is still undetermined whether the corporal was officially in a supervisory position relative to the officers. The department, corporal and sergeant are ordered to answer remaining questions as to the claims made by the officers before litigation can proceed.
Court: USDC Maryland, Judge: Russell, Filed On: September 21, 2023, Case #: 1:22cv1699, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination, Employment Retaliation
J. Russell grants several supervisors in the Department of Health and Human Services their motion to dismiss allegations of race and disability discrimination brought by a former medical laboratory technician. The technician, a Black woman who suffers from irritable bowel syndrome and a hip injury, argues that the DHHS supervisors treated her rudely and gave her time management tasks, which were not part of her job description. One supervisor allegedly gave her increasingly difficult tasks, with which she had no familiarity, and he used this as justification to write her up. Although this may be true, the technician has not established that her supervisors' behavior was based on her membership in multiple protected classes.
Court: USDC Maryland, Judge: Russell, Filed On: September 13, 2023, Case #: 8:22cv1654, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination, Employment Retaliation
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J. Russell grants the American Medical Association's motion to dismiss defamation and false light claims made by a former AMA presidential candidate who alleges that the AMA advanced the belief that she was involved in vote trading to win the presidency. The nominee argues that she was set up by a candidate for the vice-speakership position when he recorded a phone call between them, although she contends she said nothing incriminating. Nevertheless, certain officers of the AMA confronted her at an annual meeting and announced that she had compromised the voting process. Because state law gives the AMA qualified privileges to protect the public's interest, and the candidate does not plausibly allege that the AMA acted with malice, her claims fail.
Court: USDC Maryland, Judge: Russell, Filed On: September 11, 2023, Case #: 1:22cv3297, NOS: Assault, Libel, & Slander - Torts - Personal Injury, Categories: Elections, Defamation
J. Russell partially denies a retirement home’s motion to dismiss allegations of ADA violations and wrongful termination brought by a registered nurse who could not safely receive any Covid-19 vaccines. The nurse’s doctor, knowing she had had life-threatening anaphylaxis after receiving an H1N1 vaccine in the past, advised against vaccination during the pandemic. The nurse put the home on notice, but it did not accommodate her, arguing the nurse failed to demonstrate a limitation. The home is wrong because the nurse noted severe allergies and asthma. However, seeing as the Covid-19 vaccine was mandated when working with residents and the home did offer the nurse other positions, the wrongful termination claim is dismissed.
Court: USDC Maryland, Judge: Russell, Filed On: September 5, 2023, Case #: 1:23cv127, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Ada / Rehabilitation Act, Covid-19, Employment Discrimination
J. Russell denies in part an office equipment supplier's cross motion for summary judgment after an office products sales company sued it for breach of contract, seeking over $700,000 in damages. The supplier failed to keep up with regular commission payments, arguing that the sales company hadn't reached a quota of $800,000 in equipment sales to maintain the current commission rates. There is a dispute of material fact as to whether the parties' agreement applies to their sole customer and whether the breach of contract claim is valid based on the fact that the supplier acknowledged the debt, which reset the statute of limitations.
Court: USDC Maryland, Judge: Russell, Filed On: August 31, 2023, Case #: 1:20cv1264, NOS: Other Contract - Contract, Categories: Enforcement Of Judgments, Contract
J. Russell denies in part a boat captain’s motion for summary judgment in a suit alleging negligence against him brought by family members of two men who died while deep sea fishing. The captain did not advise three passengers to wear life vests, one of whom had not fished with him before. A rogue wave hit the boat and a second wave capsized it. One passenger jumped into the water before it flipped and survived, while the captain swam out from underneath it after. However, the other two men drowned. The captain argues that because the men were trapped under the boat, whether they wore life vests or not is irrelevant. However, a reasonable person could assume that the men may have survived had the captain required them to wear life vests.
Court: USDC Maryland, Judge: Russell, Filed On: August 29, 2023, Case #: 1:16cv2695, NOS: Marine - Torts - Personal Injury, Categories: Maritime, Negligence, Wrongful Death
J. Russell denies the county's motion for summary judgment on the parents' claim that their daughter was denied adequate medical care during her detention in violation of the 14th Amendment. The record indicates that she died during detention as a result of a "perforated duodenal ulcer that was leaking fluid into her abdomen." A medical assistant testified that she needed to go to the hospital, and there is evidence that "jail staff disregarded the risk" to her health, after her condition changed.
Court: USDC Western District of Oklahoma , Judge: Russell, Filed On: August 23, 2023, Case #: 5:20cv1252, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Constitution, Health Care
J. Russell partially grants the county's motion to exclude certain expert opinion testimony in this lawsuit brought by the parents of a detainee who died while in detention, due to a perforated ulcer. The medical doctor's testimony will be limited to "her opinions concerning the quality of medical care provided" to the detainee. Also, the retired police officer will be allowed to testify as to "proper procedures for monitoring inmates or responding to emergency situations," though he cannot offer inappropriate legal conclusions.
Court: USDC Western District of Oklahoma , Judge: Russell, Filed On: August 23, 2023, Case #: 5:20cv1252, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Health Care, Experts
J. Russell grants the defendant entities' dismissal motions in this lawsuit brought by high school students alleging that they were subjected to "sexual assault and pervasive sexual harassment." They assert claims for breach of contract and violations of Title IX. However, the claims against the board of trustees are duplicative of those against the school. The students also fail to state plausible claims against the Roman Catholic Archdiocese of Oklahoma City or the Sisters of Mercy of the Americas South Central Community. The student plaintiffs are allowed to seek leave to amend in accordance with the rules of civil procedure.
Court: USDC Western District of Oklahoma , Judge: Russell, Filed On: August 21, 2023, Case #: 5:22cv992, NOS: Education - Civil Rights, Categories: Civil Procedure, Civil Rights, Education
J. Russell grants a group of financial and insurance firms their motion to dismiss a second amended ERISA complaint brought by a consulting company. The company argues that its claims are not preempted because the firms misrepresented the life insurance and annuity funding products to fund the ERISA plan. However, because the determination would need to be made that the plan was never suitable for the consulting company and, therefore, require a review of the plan, the company’s claims are preempted.
Court: USDC Maryland, Judge: Russell, Filed On: August 8, 2023, Case #: 1:21cv2493, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Erisa, Insurance, Contract
J. Russell grants a group of real estate trust firms its motion to dismiss allegations of breach of contract brought by a class of preferred shareholders after one of the firms sold shopping centers and redevelopment projects for $913 million. The same firm also merged with another that was known to be financially distressed and poorly managed. However, the firms are not considered to have breached contract because there was no liquidation or change of control to activate the shareholders’ rights to liquidation payments.
Court: USDC Maryland, Judge: Russell, Filed On: August 1, 2023, Case #: 1:22cv1103, NOS: Stockholders’ Suits - Contract, Categories: Commerce, Class Action, Contract
J. Russell denies a former high school teacher’s motion for reconsideration in a suit alleging race and disability discrimination and intentional infliction of emotional distress. His race claims were previously denied, citing his position as a public employee and not having total freedom to choose classroom content. His ADA claim survives for the district’s failure to accommodate after he had surgery for a torn quadricep, but their second motion to dismiss his emotional distress claim is granted.
Court: USDC Maryland, Judge: Russell, Filed On: July 13, 2023, Case #: 1:22cv541, NOS: Employment - Civil Rights, Categories: Ada / Rehabilitation Act, Employment, Employment Discrimination
J. Russell grants an IT company and several of its employees their motion to dismiss a competing tech firm's allegations of breach of contract and unfair competition after the employees left the firm for the company. The firm does not sufficiently show that its former employees breached contract nor perpetrated unfair competition because those rules were in the restrictive covenants section of the contract and are unenforceable. Also, the firm's filing for a declaratory judgment is time-barred.
Court: USDC Maryland, Judge: Russell, Filed On: July 11, 2023, Case #: 1:22cv1988, NOS: Other Contract - Contract, Categories: Unfair Competition, Contract
J. Russell finds that the lower court properly denied the motel's motion to vacate the appointment of a receiver. The bank complied with the legal requirement to notify the motel of its application for a receiver seven days before the court's order. Affirmed.
Court: Missouri Supreme Court, Judge: Russell, Filed On: June 13, 2023, Case #: SC99567, Categories: Banking / Lending
J. Russell grants the Baltimore Department of Transportation its motion to dismiss allegations of race, disability and gender discrimination brought by a former engineer who is a queer Black man. Before his probationary period ended, the department fired the engineer after a series of interactions with coworkers and supervisors that were unprofessional on both sides, but he presents no compelling evidence to state a claim.
Court: USDC Maryland, Judge: Russell, Filed On: June 5, 2023, Case #: 1:22cv1882, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Lgbtq, Employment Discrimination