214 results for 'court:"USDC Connecticut"'.
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. Richardson grants, in part, the employee's motion to compel discovery, ruling the lack of preparation on the part of the employer's executive regarding specific questions allows for an additional deposition, but only to ascertain answers to those questions.
Court: USDC Connecticut, Judge: Richardson, Filed On: December 12, 2023, Case #: 3:20cv1716, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Civil Procedure, Discovery
J. Bolden denies, in part, the zoning commissioners' motion for summary judgment, ruling that although the landowner released claims against them in previous lawsuits, the commissioners' retaliation in the form of preventing development of a Costco store had not occurred at the time of those suits, which allows the landowner's First Amendment claim to proceed. However, the comparison evidence provided by the landowner - which included only one other property - is insufficient to support its Equal Protection claim regarding the Inlands and Wetlands application process, and that portion of the complaint must be dismissed.
Court: USDC Connecticut, Judge: Bolden, Filed On: December 8, 2023, Case #: 3:19cv371, NOS: Other Civil Rights - Civil Rights, Categories: Property, Equal Protection, First Amendment
J. Nagala grants, in part, the employer's motion to dismiss, ruling the employee's hostile work environment claims are in no way related to the charges raised in her administrative complaint with the Connecticut Commission on Human Rights and Opportunities and, therefore, must be dismissed for a failure to exhaust administrative remedies. Furthermore, the employer's decision to send the employee home on a day where she experienced extreme morning sickness and her ultimate termination for "a lot of medical issues" cannot be used as the basis for an emotional distress claim.
Court: USDC Connecticut, Judge: Nagala, Filed On: December 7, 2023, Case #: 3:23cv684, NOS: Employment - Civil Rights, Categories: Civil Procedure, Emotional Distress, Employment Discrimination
J. Williams grants, in part, the employer's motion to dismiss, ruling the Eleventh Amendment bars the claims brought under the Connecticut Fair Employment Practices Act because the Department of Transportation is a state actor that has not waived its right to sovereign immunity. Meanwhile, the lack of specificity in the black employee's discrimination claim regarding special privileges given to white employees prevents him from establishing a plausible Title VII claim for race discrimination, which will also be dismissed.
Court: USDC Connecticut, Judge: Williams, Filed On: December 7, 2023, Case #: 3:22cv537, NOS: Employment - Civil Rights, Categories: Evidence, Immunity, Employment Discrimination
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J. Oliver grants a lender dismissal because the borrower's prior suit, which contains nearly identical allegations and relates to the same mortgage loan, remains pending before the court.
Court: USDC Connecticut, Judge: Oliver, Filed On: December 7, 2023, Case #: 3:21cv609, NOS: Consumer Credit - Other Suits, Categories: Civil Procedure, Debt Collection, Consumer Law
J. Bryant denies the police officers' motion for summary judgment, ruling they are not entitled to qualified immunity on excessive force claims brought by the estate. There are too many questions of fact to allow the court to determine whether the officers' actions following an attempted block-in of the decedent's vehicle were reasonable. The speed of the decedent's vehicle, the path of the vehicle in relation to the officers who fired the fatal shots, and whether the decedent struck police vehicles or police vehicles struck the decedent's car are all questions of fact that must be answered by a jury.
Court: USDC Connecticut, Judge: Bryant, Filed On: December 4, 2023, Case #: 3:18cv1594, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Immunity, Wrongful Death
J. Bolden grants the state government officials' motion to dismiss, ruling the vaccination requirement for all preschool and kindergarten children is facially neutral and does not violate the religious school's First Amendment or Free Exercise rights, while the state's interest in preventing the spread of disease and ensuring the health of all students is compelling.
Court: USDC Connecticut, Judge: Bolden, Filed On: December 1, 2023, Case #: 3:23cv304, NOS: Constitutionality of State Statutes - Other Suits, Categories: Constitution, Education, First Amendment
J. Shea grants the debt collector's motion to dismiss, ruling the consumer fails to state a plausible claim under the Fair Debt Collection Practices Act. The single collection notice did not contain any threatening language, was sent directly to the consumer in a typical fashion, and was not misleading or confusing in any way.
Court: USDC Connecticut, Judge: Shea, Filed On: November 14, 2023, Case #: 3:23cv221, NOS: Consumer Credit - Other Suits, Categories: Debt Collection, Consumer Law
J. Williams grants the employer's motion to dismiss, ruling the black bus driver's Americans with Disabilities Act claims against supervisors and coworkers must be dismissed. The ADA does not allow for claims against individuals, while her failure to exhaust any administrative remedies prior to filing her race and sex discrimination claims bars those portions of her lawsuit.
Court: USDC Connecticut, Judge: Williams, Filed On: November 8, 2023, Case #: 3:22cv90, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Civil Procedure, Ada / Rehabilitation Act, Employment Discrimination
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. Dooley grants the police department's motion for summary judgment, ruling the Haitian officer's discrimination claims related to the department's decision not to promote him fail as a matter of law because his written and oral test scores, which were lower than 93 percent of the 100 applicants for the position, gave it a legitimate reason to deny him a promotion.
Court: USDC Connecticut, Judge: Dooley, Filed On: November 7, 2023, Case #: 3:20cv1736, NOS: Employment - Civil Rights, Categories: Evidence, Employment Discrimination
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. Thompson grants the supervisory assistant state attorney’s motion for summary judgment in this case brought by a businessman for wrongful commercial eviction claims. The entrepreneur says he was wrongfully evicted by the New Haven Police Department from his boxing gym, failing to demonstrate there was a private right to the action.
Court: USDC Connecticut, Judge: Thompson, Filed On: October 18, 2023, Case #: 3:21cv527, NOS: Other Civil Rights - Civil Rights, Categories: Property
J. Vatti denies, in part, the automotive store's request for damages, ruling the alteration of inventory records by the former employee does not constitute misappropriation of trade secrets under federal law and prevents any damages on that count. Although the overpayments for used vehicles were supported by evidence in the record, the requested damages must be reduced by the previously agreed upon settlement amounts and results in a total award of over $885,000 in compensatory damages.
Court: USDC Connecticut, Judge: Vatti, Filed On: October 17, 2023, Case #: 3:19cv1345, NOS: Other Statutory Actions - Other Suits, Categories: Fraud, Trade Secrets, Damages
J. Chatigny denies the nursing homes' motion for a preliminary injunction, ruling alleged defects in the appointment of the administrative law judge over the NLRB's enforcement proceedings are insufficient to warrant the judge's removal from the case, which began over a decade ago and is nearly at its conclusion.
Court: USDC Connecticut, Judge: Chatigny, Filed On: October 4, 2023, Case #: 3:23cv831, NOS: Other Statutory Actions - Other Suits, Categories: Judiciary, Labor / Unions, Injunction
J. Williams denies, in part, the police officers' motion for summary judgment, ruling that while they had a valid search warrant, it included only the first-floor apartment of the building, which allows the second-floor resident who was taken from the shower and required to sit naked for 90 minutes during a search of her home to bring Fourth Amendment and emotional distress claims.
Court: USDC Connecticut, Judge: Williams, Filed On: October 2, 2023, Case #: 3:19cv950, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Emotional Distress
J. Nagala denies the boarding school's motion for summary judgment, ruling it could be held liable for the sexual assaults on the student by its dean because it was aware the dean would give physical displays of affection and had access to students as a dorm parent and coach, while the school's administrators also allegedly failed to properly investigate claims of assault when they were first made.
Court: USDC Connecticut, Judge: Nagala, Filed On: October 2, 2023, Case #: 3:20cv1822, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Education, Negligence, Emotional Distress
J. Williams grants the employer's motion for summary judgment, ruling the employee cannot make a prima facie case for FMLA retaliation because she admits she never felt she was fired for taking leave, while the proximity between her leave request and termination is insufficient on its own to establish a claim. The employee presented her claim under the distraction theory but presented no evidence the employer or her supervisors made comments that she would be unable to focus on her work if she took FMLA leave to care for her mother; rather, the employee presents arguments for the employer's alleged failure to accommodate her leave, but brought no such claims in her suit.
Court: USDC Connecticut, Judge: Williams, Filed On: October 2, 2023, Case #: 3:21cv395, NOS: Employment - Civil Rights, Categories: Ada / Rehabilitation Act, Employment Discrimination
J. Williams grants the surgeon's motion for summary judgment on the coworker's assault and battery claims, ruling that while there is no question of fact she touched or grabbed the coworker, there is no allegation of any intent to cause harm, which would be required on either of the claims. Meanwhile, the employer is entitled to summary judgment on negligent hiring and retention claims because in the surgeon's 10-year employment history, there had been no reports of any violent behavior, which prevents the coworker from proving it should have known the surgeon was prone to such outbursts or conduct.
Court: USDC Connecticut, Judge: Williams, Filed On: October 2, 2023, Case #: 3:20cv186, NOS: Employment - Civil Rights, Categories: Employment, Assault
J. Bolden denies, in part, the employer's motion for summary judgment, ruling a female employee's hostile work environment can proceed. Allegations of repeated instances of unwanted touching and inappropriate comments made in the female employee's department are sufficient to create questions of fact and could prove the existence of a pervasive toxic culture.
Court: USDC Connecticut, Judge: Bolden, Filed On: September 30, 2023, Case #: 3:20cv370, NOS: Employment - Civil Rights, Categories: Employment, Evidence, Employment Discrimination
J. Underhill denies the military equipment supplier's motion for summary judgment, ruling that while the confidential drawing of a proprietary rod end bearing was disclosed to the supplier by non-party Raytheon, rather than the developer of the rod bearing, it was still covered by the parties' non-disclosure agreement. Furthermore, the drawing contained specific information about the bearing and met particularity requirements to be considered trade secret information.
Court: USDC Connecticut, Judge: Underhill, Filed On: September 29, 2023, Case #: 3:18cv1212, NOS: Other Contract - Contract, Categories: Trade Secrets, Contract
J. Bolden grants the employer's motion for summary judgment, ruling that because the bus driver was provided access to all of the evidence against him and was granted a hearing before his termination, his due process claim fails as a matter of law. Meanwhile, the driver's failure to include disciplinary records of white drivers who were allegedly treated more favorably requires dismissal of his Equal Protection claim because he failed to prove the white drivers were similarly situated.
Court: USDC Connecticut, Judge: Bolden, Filed On: September 29, 2023, Case #: 3:21cv357, NOS: Other Civil Rights - Civil Rights, Categories: Due Process, Equal Protection, Employment Discrimination
J. Shea denies, in part, the police officers' motion for summary judgment, ruling disputes of fact regarding the traffic stop of the black driver for use of his cell phone, including whether he actually used his phone while driving and how much activity the officers observed before initiating the stop, prevent judgment in their favor or the application of qualified immunity on the driver's Fourth Amendment claim.
Court: USDC Connecticut, Judge: Shea, Filed On: September 28, 2023, Case #: 3:21cv452, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Constitution, Immunity
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