139 results for 'court:"USDC Eastern District of Wisconsin"'.
J. Duffin finds partially in favor of the patient and the medical device company in a lawsuit alleging multiple product liability claims over a vena cava filter that caused severe complications after it migrated to the patient's heart, which was not discovered until five years after it was implanted. The patient's partial motion for summary judgment is denied, and the company's motion for summary judgment is granted except for the patient's design-defect product liability claim and the portion of her negligence claim regarding the company's sale of a filter with a defective design. The company's motion to exclude testimony and opinions from six experts for the patient is partially granted, including as to one doctor's opinions on the patient's need for psychological services, another doctor's opinions on her mental health, and a biomedical engineering professor's opinions on the company's state of mind or subjective motivations and certain design aspects of the filter.
Court: USDC Eastern District of Wisconsin, Judge: Duffin, Filed On: October 31, 2023, Case #: 2:19cv988, NOS: Personal Injury - Health Care/Pharmaceutical Personal Injury/Product Liability - Torts - Personal Injury, Categories: Health Care, Negligence, Product Liability
J. Stadtmueller gives the citizen a second chance to file an amended complaint in his lawsuit bringing claims related to a dispute over his lease and eventual eviction by his landlord, as his first amended complaint still fails to show there is federal jurisdiction over his claims. The citizen is given until November 30, 2023, to file a second amended complaint, and the lawsuit may be dismissed with prejudice if he does not.
Court: USDC Eastern District of Wisconsin, Judge: Stadtmueller, Filed On: October 31, 2023, Case #: 2:23cv1026, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Landlord Tenant, Contract
J. Stadtmueller gives the registered nurse until November 27, 2023, to file an amended complaint in his pro se lawsuit claiming the nursing board wrongfully blocked renewal of his registered nursing license because of the "rambling" and "threatening" character of his application, as his current complaint fails to bring clear allegations that state viable claims for relief and invoke jurisdiction. If he does not file his amended complaint by the deadline, his lawsuit will be dismissed.
Court: USDC Eastern District of Wisconsin, Judge: Stadtmueller, Filed On: October 30, 2023, Case #: 2:23cv1270, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Agency
J. Stadtmueller gives the citizen until November 29, 2023, to file an amended complaint in her pro se lawsuit claiming the county and county officials falsely imprisoned her and denied her a fair trial, as her current pleading fails to bring clear factual allegations and give the county fair notice, in addition to other problems. If she does not file her complaint by the deadline, her lawsuit will be dismissed.
Court: USDC Eastern District of Wisconsin, Judge: Stadtmueller, Filed On: October 30, 2023, Case #: 2:23cv1338, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Constitution
J. Stadtmueller grants the city's motion to dismiss the federal government's second amended complaint on behalf of citizens claiming the city, county, housing authority and others falsely certified compliance with federal anti-discrimination and housing laws in order to secure government grants. The government and citizens' allegations, including regarding the creation of "containment zones" around racially segregated and blighted neighborhoods instead of promoting fair housing, fail in part because they are too vague and inadequately show clear connections between the allegations and specific violations of statutory and regulatory provisions, despite the fact that the citizens' "grievances are legitimate."
Court: USDC Eastern District of Wisconsin, Judge: Stadtmueller, Filed On: October 27, 2023, Case #: 2:22cv240, NOS: Qui Tam (31 U.S.C. § 3729(a)) - Torts - Personal Property, Categories: Government, Housing, False Claims
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J. Joseph grants the chemical manufacturer's motion to file a third-party complaint against the developer's parent company in the developer's lawsuit seeking compensation for cleaning up chemical contamination at its properties. Despite the developer's arguments that the manufacturer's motion is untimely and that its parent company is not a party of interest in the case, the manufacturer has satisfied all the requirements necessary to file its third-party complaint under federal rules.
Court: USDC Eastern District of Wisconsin, Judge: Joseph, Filed On: October 24, 2023, Case #: 2:20cv1694, NOS: Environmental Matters - Other Suits, Categories: Environment, Property, Tort
J. Stadtmueller denies 3M's motion for summary judgment in a lawsuit from a cell tower repairman who alleges he fell at least 80 feet from a cell tower due to the failure of 3M's defective cable sleeve designed to help secure him to the tower. All of the disputed facts in the repairman's negligence, design-defect and other liability claims, including those contested by 3M regarding use of the cable sleeve's panic grab function, must proceed to a jury trial, which will commence on December 18, 2023.
Court: USDC Eastern District of Wisconsin, Judge: Stadtmueller, Filed On: October 24, 2023, Case #: 2:22cv1532, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: Negligence, Product Liability
J. Ludwig partially grants the school's motion to dismiss the parents' lawsuit over the expulsion of their second-grader from the school after its officials refused to attempt to accommodate their son concerning what was eventually diagnosed as ADHD. The parents have standing to bring their sufficiently pleaded discrimination claims under Title III of the Americans with Disabilities Act and Section 504 of the Rehabilitation Act, so those will proceed. However, their intentional infliction of emotional distress claim must be dismissed because they have failed to state elements of their claim proving that the school intended to cause their son emotional distress and that its officials' conduct was "extreme and outrageous."
Court: USDC Eastern District of Wisconsin, Judge: Ludwig, Filed On: October 23, 2023, Case #: 2:22cv1244, NOS: Amer w/Disabilities - Other - Civil Rights, Categories: Ada / Rehabilitation Act, Education
J. Duffin grants the manufacturer's motion for sanctions against the insurance company for violations of discovery rules in the company's lawsuit over fires caused by the manufacturer's defective dryers. The company litigating a motion to compel documents that its expert had already purchased in some form from a third party was an abuse of the discovery process, so even though the federal rule the manufacturer cites does not apply to discovery requests, the motion is granted in that it is awarded costs and fees it incurred responding to the company's motion to compel. The insurance company's motion to reopen discovery in light of a recall of dryers that occurred shortly after discovery closed is denied.
Court: USDC Eastern District of Wisconsin, Judge: Duffin, Filed On: October 19, 2023, Case #: 2:20cv1455, NOS: Tort Product Liability - Real Property, Categories: Tort, Product Liability, Discovery
J. Duffin denies the nutritional supplement company's motion to reconsider a previous decision dismissing all the claims in its lawsuit against the packaging manufacturer over defective packaging it provided for the company's products. The decision will not be reconsidered because it is too late for the arguments the company now brings, for the first time, against the court's finding that the majority of its claims were time-barred under statutes of limitations in New York, Florida and Texas. Because the company's motion to reconsider is denied, the manufacturer's motion to file a sur-reply is also denied.
Court: USDC Eastern District of Wisconsin, Judge: Duffin, Filed On: October 19, 2023, Case #: 2:23cv305, NOS: Other Contract - Contract, Categories: Negligence, Warranty, Contract
J. Pepper grants the caregiver and assisted living facility's motion for preliminary approval of a collective and class settlement in the caregiver's lawsuit seeking unpaid overtime wages. The proposed collective and class of employees who received bonuses and worked overtime between January 26, 2019, and December 29, 2021, are certified, and the proposed settlement of at most $48,827 plus another $42,311 comprising a service award and attorney fees is preliminarily approved.
Court: USDC Eastern District of Wisconsin, Judge: Pepper, Filed On: October 17, 2023, Case #: 2:21cv108, NOS: Fair Labor Standards Act - Labor, Categories: Settlements, Class Action, Labor
J. Pepper denies the archdiocese's motion to dismiss a lawsuit from a former employee claiming she was fired after complaining about sexual harassment she faced at work, including her supervisor cornering her in her cubicle, putting his hand downs in pants and touching himself in front of her. The archdiocese's argument that the employee's complaint should be dismissed because it is time-barred fails, as she has adequately shown she filed her lawsuit within 90 days of receiving her right to sue letter as required by federal rules.
Court: USDC Eastern District of Wisconsin, Judge: Pepper, Filed On: October 16, 2023, Case #: 2:22cv1084, NOS: Employment - Civil Rights, Categories: Civil Rights, Employment Discrimination
J. Pepper grants the consumer's motion to remand to state court her lawsuit claiming the debt collector's dunning letter overstated the amount of her debt and made misleading statements about potential late charges and other fees. The consumer correctly argues that she lacks standing to bring her suit under federal rules because she has not suffered a concrete injury, so the court lacks subject-matter jurisdiction over her case. The consumer is awarded costs associated with filing her motion to remand, as the debt collector had no reasonably objective basis to remove the case in the first place.
Court: USDC Eastern District of Wisconsin, Judge: Pepper, Filed On: October 10, 2023, Case #: 2:23cv870, NOS: Consumer Credit - Other Suits, Categories: Debt Collection, Jurisdiction
J. Stadtmueller partially grants a motion to dismiss from the school district, high school and former school board members in a lawsuit from two former high school students who in the 1980s were sexually abused by a math teacher about whom allegations of such abuse were known among students and faculty. The former students' federal claims alleging 14th Amendment due process and equal protection violations, negligent hiring, training and supervision and civil conspiracy are dismissed with prejudice, in part because they fail to prove municipal policymakers were "constructively aware" of a widespread pattern of abuse such that they are liable for deliberate indifference which created a risk of abuse. Individual and supervisory liability claims against the former board members also fail, as evidence of their actions upon learning of the abuse in 1983 show they did not facilitate or ignore it. Jurisdiction is not exercised over the former students' 11 remaining state-law claims, which are dismissed without prejudice.
Court: USDC Eastern District of Wisconsin, Judge: Stadtmueller, Filed On: September 29, 2023, Case #: 2:22cv819, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Constitution, Equal Protection
J. Griesbach finds for the optical lab company in a lawsuit from a manufacturer claiming infringement of its two patents for methods and technology for securing bevel lenses in eyeglasses. The patents' claims involve processes, measurements and technology that would be obvious based on prior art references in ways the manufacturer's arguments cannot refute, making the patents invalid. Summary judgment is granted to the company and the case is dismissed.
Court: USDC Eastern District of Wisconsin, Judge: Griesbach, Filed On: September 28, 2023, Case #: 1:20cv352, NOS: Patent - Property Rights, Categories: Patent
J. Duffin finds partially in favor of the police officers in a pro se lawsuit from a citizen bringing multiple constitutional claims related to the search of a residence where he was arrested after refusing to reveal himself and exit the residence while the officers were investigating a previous battery report. The citizen's First Amendment retaliation claim blaming his arrest on a prior lawsuit he filed against other police officers, Fourth Amendment unlawful entry claim over the officers' lack of a warrant and Eighth Amendment cruel and unusual punishment claim all fail and are dismissed. Summary judgment is granted to the officers on those claims but not the citizen's Fourth Amendment unlawful seizure claim, as there are factual disputes over whether the citizen was still detained while being transported to the hospital for self-reported chest pains after reasonable suspicion had ended, and the officers have not proven they are entitled to qualified immunity.
Court: USDC Eastern District of Wisconsin, Judge: Duffin, Filed On: September 28, 2023, Case #: 2:22cv911, NOS: Other Civil Rights - Civil Rights, Categories: Constitution, First Amendment, Police Misconduct
J. Stadtmueller denies Kohl's motion to partially dismiss the consumer's lawsuit claiming it violated the Telephone Consumer Protection Act by continuing to send him dozens of promotional text messages after he revoked his consent in writing and failing to send him a copy of its do-not-call policy. Kohl's incorrectly argues that the do-not-call provision mandated by the Act does not apply to text messages, as a 2023 notice from the FCC has already clarified that the provision applies to text messages as well as voice calls, so the consumer's putative class claim under the Act survives.
Court: USDC Eastern District of Wisconsin, Judge: Stadtmueller, Filed On: September 21, 2023, Case #: 2:23cv597, NOS: Telephone Consumer Protection Act (TCPA) - Other Suits, Categories: Consumer Law, Class Action
J. Stadtmueller partially grants the third-party industrial equipment firm's motion in limine to block evidence at trial supporting the freezer manufacturer's tort and indemnification claims against it in the frozen pizza company's lawsuit over blast freezers the manufacturer provided that did not meet specifications. The manufacturer has failed to bring a viable contribution claim showing a "common obligation" in their separate contractual relationships with the frozen pizza company, so evidence related to that claim is barred, but the manufacturer's equitable indemnification claim has support and will move forward.
Court: USDC Eastern District of Wisconsin, Judge: Stadtmueller, Filed On: September 19, 2023, Case #: 2:21cv516, NOS: Other Contract - Contract, Categories: Tort, Indemnification, Contract
J. Stadtmueller in part orders the citizen and the police officers to meet and confer to reach consensus on disputed and undisputed facts and proposed jury instructions regarding the citizen's false arrest claim against the officers, which stems from her being charged with obstruction. The citizen's motion to withdraw a previous order is denied, but the order is modified slightly to allow both parties to file cross-motions for summary judgment and remove the requirement that they seek leave to file dispositive motions. Jointly proposed jury instructions and fact statements are due by October 2, 2023, and the parties are admonished that further refusal to cooperate honestly with each other may lead to sanctions against one or both attorneys.
Court: USDC Eastern District of Wisconsin, Judge: Stadtmueller, Filed On: September 11, 2023, Case #: 2:22cv783, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Police Misconduct
J. Duffin partially grants the city, the city's mayor and other city officials' motions to dismiss the former city administrator's lawsuit alleging they and others conspired to block him from official city business, put him under investigation and remove him from office because he refused to fund a diversity, equity, inclusion and belonging program. One of the administrator's First Amendment claims is dismissed for a lack of standing, and also dismissed entirely are his claims that a city false statements ordinance is unconstitutionally vague, that his occupational liberty interest was violated under the 14th Amendment, that the mayor defamed him, and that the mayor, an alderperson and a private attorney inflicted emotional distress upon him. The administrator's due process claim is dismissed as to the alderpersons, the mayor and the city attorney in their official capacities, in part on qualified immunity grounds.
Court: USDC Eastern District of Wisconsin, Judge: Duffin, Filed On: September 5, 2023, Case #: 2:23cv149, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Due Process, First Amendment
J. Adelman denies the protester's motion for reconsideration of an order dismissing his lawsuit against the sheriff's office employees alleging unreasonable seizure and excessive force during his arrest while marching with a protest in June 2020 that blocked a Milwaukee interstate. In part because the protester has brought no evidence refuting the testimony or credibility of an officer who testified he was told over radio that the protester was the one who led the march onto the interstate, and because he also has not shown any other error in the prior dismissal order regarding whether the force used to tackle him was reasonable or the officers' entitlement to qualified immunity, his motion must be denied.
Court: USDC Eastern District of Wisconsin, Judge: Adelman, Filed On: September 5, 2023, Case #: 2:20cv1502, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Constitution
J. Stadtmueller orders arbitration between the car finance company and the consumer who defaulted on her car payments but then sued the company over what she says were illegal actions in the company's collections process. A prior state court lawsuit the company initiated to get a civil judgment against the consumer did not, as the consumer argues, waive the company's right to arbitration, and because the arbitration agreement is otherwise valid the company's motion to compel is granted and the consumer's lawsuit is dismissed without prejudice.
Court: USDC Eastern District of Wisconsin, Judge: Stadtmueller, Filed On: August 25, 2023, Case #: 2:23cv520, NOS: Consumer Credit - Other Suits, Categories: Arbitration, Consumer Law
J. Griesbach finds in partial favor of State Farm in a lawsuit from insureds over the claims and appraisal process for for hail damage their home sustained. The insureds' claim for a declaration forcing State Farm to comply with their policy's appraisal procedure is dismissed, but their breach of contract and bad faith claims are adequately pleaded to survive State Farm's motion to dismiss.
Court: USDC Eastern District of Wisconsin, Judge: Griesbach, Filed On: August 17, 2023, Case #: 1:23cv283, NOS: Insurance - Contract, Categories: Insurance, Contract
J. Stadtmueller grants the decorative cookies company the right to recover $265,000 from the large commercial packaging machine company as the exclusive remedy of the full purchase price of a defective machine. The cookies company's claim for damages is limited to the purchase price because while the history of repeated, failed tinkering does not suggest that replacing the machine with an identical replica would not also replicate the previous issues, the cookies company does not argue that it did not have any meaningful choice regarding the transaction.
Court: USDC Eastern District of Wisconsin, Judge: Stadtmueller, Filed On: August 2, 2023, Case #: 2:21cv1399, NOS: Other Contract - Contract, Categories: Remedies, Damages, Contract
J. Pepper grants the city's motion to remand back to the Racine Municipal Court a lawsuit involving two property owners claiming the city violated their constitutional rights in part by enforcing ordinances to remove or fix construction scaffolding in front of their property. Because there is no federal question presented in the case, there is no subject matter jurisdiction, and the case is remanded to the municipal court.
Court: USDC Eastern District of Wisconsin, Judge: Pepper, Filed On: July 31, 2023, Case #: 2:23cv452, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Municipal Law, Property
J. Stadtmueller finds for the school district in a lawsuit from the mother of two children who faced racist bullying and harassment because they are Black and allege district officials failed to adequately address the issues. The mother and children are unable to recover economic or nominal damages, including to cover the costs of therapy and mental health treatment, under Title VI in part because they are essentially proxies for emotional distress damages. Because the mother and children are left without any recoverable damages, they lack standing and their remaining Title VI claims are dismissed without prejudice.
Court: USDC Eastern District of Wisconsin, Judge: Stadtmueller, Filed On: July 27, 2023, Case #: 2:21cv1284, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Education, Damages
J. Stadtmueller grants the federal government's motion for a consent decree in its lawsuit against the container recycling company alleging that it violated the Clean Air Act and Resource Conservation and Recovery Act by mishandling or failing to control its waste products and hazardous air emissions and failing to obtain or comply with the proper permits. The consent decree, which in part requires the company to pay a $1.6 million penalty and implement new plans for emissions control and hazardous waste management, is fair, reasonable, in the public interest and in compliance with both Acts. The state of Wisconsin's motion to intervene is granted, and the case is administratively closed pending further action.
Court: USDC Eastern District of Wisconsin, Judge: Stadtmueller, Filed On: July 27, 2023, Case #: 2:22cv1423, NOS: Environmental Matters - Other Suits, Categories: Environment, Settlements
J. Stadtmueller overrules the magistrate judge's report recommending the dismissal of the tenants' lawsuit against their landlord, the county and police officers over the landlord's refusal to maintain their property and the officers issuing them false tickets for loose animals and failing to adequately address their complaints about their neighbors vandalizing their property. Though the magistrate judge correctly pointed out multiple problems with the tenants' complaint, they should have been given an opportunity to amend it before the entire action was dismissed. The tenants are ordered to file an amended complaint addressing the issues the magistrate noted by August 24, 2023, or their lawsuit will be dismissed.
Court: USDC Eastern District of Wisconsin, Judge: Stadtmueller, Filed On: July 25, 2023, Case #: 2:23cv422, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Landlord Tenant
J. Pepper orders the employee to file an amended complaint satisfying court requirements and more clearly explaining her claims against the containers company, which seem to allege she was subjected to a hostile work environment and retaliated against for complaining about discrimination employees of color faced at work, particularly in terms of being assigned to lesser tasks. The employee's motion to appoint counsel is denied without prejudice, in part because she has not proven she made reasonable efforts to find a lawyer, and her motion to proceed without prepaying the filing fee is granted.
Court: USDC Eastern District of Wisconsin, Judge: Pepper, Filed On: July 12, 2023, Case #: 2:23cv86, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Employment Discrimination
J. Pepper finds in favor of the U.S. Secretary of the Interior and federal government in a lawsuit from a former employee of the U.S. Bureau of Land Management bringing multiple constitutional, criminal and common law claims alleging discrimination and harassment he faced at work. The employee's motion to consolidate this case with another related lawsuit in the same district, one of at least half a dozen pending federal cases he has filed making similar allegations, is denied as unjustified, as is his motion to transfer this case to the Western District of Texas. The employee's motion for an extension of time to respond to the government and secretary's motion to dismiss is partially granted, and he is given until September 15, 2023, to file an amended opposition to the motion to dismiss or notify the court that it can accept the first 30 pages of his February 23, 2023, opposition filing instead.
Court: USDC Eastern District of Wisconsin, Judge: Pepper, Filed On: July 11, 2023, Case #: 2:22cv721, NOS: Employment - Civil Rights, Categories: Civil Rights, Constitution, Employment Discrimination