214 results for 'court:"USDC Connecticut"'.
J. Richardson denies, in part, the hospital's motion to compel discovery, ruling that following an in-camera inspection, the consulting report written about the non-party health care provider is not required to be disclosed because it does not contain any of the financial information sought by the hospital and would be unrelated to its litigation.
Court: USDC Connecticut, Judge: Richardson, Filed On: September 26, 2023, Case #: 3:22cv50, NOS: Antitrust - Other Suits, Categories: Health Care, Discovery
J. Hall grants, in part, Yale University's motion to dismiss, ruling the constitutional claims filed against it as a state actor by the minority-owned snow removal service fail as a matter of law because the dispute between the parties arose from a purely commercial transaction, not a public function; therefore, the university cannot be considered a state actor.
Court: USDC Connecticut, Judge: Hall, Filed On: September 26, 2023, Case #: 3:22cv1160, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Contract
J. Haight grants the parties' joint motion for class certification and preliminary settlement approval, ruling the discharged members of the military meet commonality and typicality requirements, given all of their claims challenge the Air Force's procedures and standards when evaluating the discharge of PTSD-affected veterans and their eligibility for benefits. Meanwhile, negotiations during settlement proceedings, completed under the guidance of an experienced magistrate judge, render the settlement fair and equitable.
Court: USDC Connecticut, Judge: Haight, Filed On: September 26, 2023, Case #: 3:21cv1214, NOS: Employment - Civil Rights, Categories: Settlements, Due Process, Class Action
J. Dooley grants, in part, the university's motion to dismiss, ruling the female student's Title IX must be dismissed in regards to her sexual assault because there is no indication the university knew the assailant would attack fellow students, especially considering the student had never met her attacker prior to the incident. However, her Title IX claim regarding the university's response, which included a 90-minute interview during which she was forced to recount graphic details of the assault and the school's initial failure to respond for over two weeks, is sufficient to establish a deliberate indifference claim.
Court: USDC Connecticut, Judge: Dooley, Filed On: September 26, 2023, Case #: 3:22cv1249, NOS: Education - Civil Rights, Categories: Civil Rights, Education, Evidence
J. Bolden denies UPS's motion for summary judgment, ruling that while it relied on the cardinal infraction language in its CBA with the union when it fired the injured employee, the employee's lawsuit does not require interpretation of the CBA and so her retaliation claim is not preempted by the Labor Management Relations Act.
Court: USDC Connecticut, Judge: Bolden, Filed On: September 25, 2023, Case #: 3:21cv711, NOS: Other Labor Litigation - Labor, Categories: Preemption, Employment Retaliation, Labor / Unions
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J. Bryant grants the board of education's motion for summary judgment, ruling the black employee cannot make a prima facie case for race discrimination. Although a white male was hired for the CFO position, it is undisputed he scored the highest on the exam used to test all of the candidates, which gave the board a legitimate reason to select him for the job. Meanwhile, the employee's abuse of the school's health insurance program to allow her ex-husband to remain on the plan for years after he was ineligible gave the board a legitimate reason to fire her.
Court: USDC Connecticut, Judge: Bryant, Filed On: September 22, 2023, Case #: 3:20cv1463, NOS: Employment - Civil Rights, Categories: Education, Employment Discrimination, Employment Retaliation
J. Bryant grants the insurers' motion for summary judgment, ruling the undisputed evidence in the record proves the construction company failed to provide any justification for the 49 payments made on fraudulent bond claims, which entitles the insurers to more than $2.9 million in treble damages on the civil theft claim.
Court: USDC Connecticut, Judge: Bryant, Filed On: September 22, 2023, Case #: 3:21cv58, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, Insurance, Damages
J. Williams grants, in part, the former partner's motion to dismiss fiduciary duty and theft claims, ruling that because his expulsion from the firm may have been improper under for lack of concrete evidence he violated criminal statutes, the accounting firm named as plaintiff is not a legitimate legal entity and must be dismissed from the suit. However, because the other partners in the firm are trustees of the retirement plan at issue in the case, they have standing.
Court: USDC Connecticut, Judge: Williams, Filed On: September 20, 2023, Case #: 3:22cv1269, NOS: Other Statutory Actions - Other Suits, Categories: Erisa, Fiduciary Duty
J. Dooley grants Amazon's motion for summary judgment, ruling the labor claims filed by the class of warehouse employees must be dismissed because time spent in security lines before and after their shifts is not indispensable to the performance of their jobs and, therefore, is not compensable work under the Fair Labor Standards Act.
Court: USDC Connecticut, Judge: Dooley, Filed On: September 20, 2023, Case #: 3:21cv1152, NOS: Other Labor Litigation - Labor, Categories: Class Action, Labor
J. Meyer denies, in part, the board of education's motion to dismiss, ruling that while the bulk of the teacher's complaint deals with the efficacy of the Covid-19 vaccine, her claim she was unable to express her religious beliefs because of the board's vaccine or test order during the pandemic is sufficient to state a plausible religious discrimination claim. However, because the board was required to implement the policy in response to the governor's mandates regarding the Covid-19 pandemic, the teacher's constitutional claims fail.
Court: USDC Connecticut, Judge: Meyer, Filed On: September 20, 2023, Case #: 3:22cv1459, NOS: Employment - Civil Rights, Categories: Constitution, Covid-19, Employment Discrimination
J. Shea denies the tenant's motion for a new trial, ruling the jury's finding of liability on the landlord's part for emotional distress and slander did not require an award for damages. The jury instructions explicitly separated liability and damages on each count, which allowed for a verdict in favor of the tenant without damages, especially considering the tenant failed to provide concrete evidence of any damage to his reputation.
Court: USDC Connecticut, Judge: Shea, Filed On: September 19, 2023, Case #: 3:19cv756, NOS: Housing/Accommodations - Civil Rights, Categories: Landlord Tenant, Damages, Emotional Distress
J. Shea grants, in part, the debt collector's motion to dismiss pro se claims, ruling that all claims related to the business credit card account must be dismissed because they do not involve a consumer debt, while the collector's inclusion of the owner of the credit card debts on collection notices does not violate the Fair Debt Collection Practices Act. Additionally, the credit card statements sent by the collector qualify as verification of the debts and so any claims related to verification will also be dismissed.
Court: USDC Connecticut, Judge: Shea, Filed On: September 18, 2023, Case #: 3:23cv116, NOS: Consumer Credit - Other Suits, Categories: Debt Collection, Consumer Law
J. Meyer denies the state's motion for summary judgment in an employment discrimination action, ruling the totality of the circumstances surrounding the harassment endured by the black employee, which included a coworker hanging a noose near his cubicle, bringing a revolver to the office, and years of comments about "you people" and other racist tropes, allege a plausible claim for a hostile work environment.
Court: USDC Connecticut, Judge: Meyer, Filed On: September 15, 2023, Case #: 3:21cv736, NOS: Employment - Civil Rights, Categories: Government, Employment Discrimination
J. Garcia grants, in part, the employees' motion to compel discovery, ruling that although workers' compensation claims were not the basis for their terminations, their complete workers' compensation records are inextricably linked to the investigations at issue. Therefore, the employer must provide any missing documents within 14 days of this opinion.
Court: USDC Connecticut, Judge: Garcia, Filed On: September 15, 2023, Case #: 3:22cv217, NOS: Employment - Civil Rights, Categories: Employment, Discovery, Workers' Compensation
J. Shea grants the employer's motion for summary judgment, ruling the black employee's lack of interpersonal skills and frequent use of abusive language gave the clinic a legitimate reason to reject her application for several supervisory positions and requires dismissal of her race discrimination claims. Furthermore, the retaliation claim also fails because the employee suffered no adverse employment action after she filed a complaint with the Connecticut Commission on Human Rights and Opportunities.
Court: USDC Connecticut, Judge: Shea, Filed On: September 14, 2023, Case #: 3:21cv503, NOS: Employment - Civil Rights, Categories: Employment Discrimination, Employment Retaliation
J. Meyer grants the sex offender's motion for summary judgment, ruling the Connecticut law requiring released sex offenders to disclose all email addresses and other forms of online communication to the state police violates the First Amendment and does not advance a compelling government interest. Although the state has an interest in deterring sex offenders from using the internet to commit additional crimes, requiring disclosure of all internet-based forms of communications prevents released offenders from speaking freely and anonymously on the internet, while the state failed to provide any evidence the law has been used to prevent or detect crimes in the 15 years since its passage; therefore, the state will be permanently enjoined from enforcing the law against him.
Court: USDC Connecticut, Judge: Meyer, Filed On: September 14, 2023, Case #: 3:19cv1240, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Constitution, First Amendment
J. Hall denies, in part, the contractor's motion to dismiss counterclaims filed by the federal government, ruling that because the contractor had an independent duty to create a safe work environment for the workers killed by a steam system during repairs, the government can seek indemnification on the wrongful death claim filed by the estate.
Court: USDC Connecticut, Judge: Hall, Filed On: September 12, 2023, Case #: 3:22cv352, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Government, Wrongful Death, Indemnification
J. Nagala grants the employer's motion to dismiss, ruling the employees fired for their refusal to receive a Covid-19 vaccination have abandoned all but their emotional distress claims, which must also be dismissed for the lack of evidence of outrageous conduct.
Court: USDC Connecticut, Judge: Nagala, Filed On: September 11, 2023, Case #: 3:23cv253, NOS: Employment - Civil Rights, Categories: Emotional Distress, Covid-19, Employment Discrimination
J. Dooley grants the city's motion for summary judgment, ruling the 61-year-old white applicant for the commissioner position was not significantly more qualified than the applicant selected for the position, while a stray remark from a hiring committee member about previously hiring an "old white man" is insufficient to prove discriminatory intent on the part of the committee. Additionally, although the applicant selected for the position was younger than the 61-year-old, he was sufficiently qualified and the gap in age alone cannot be used to support age discrimination claims.
Court: USDC Connecticut, Judge: Dooley, Filed On: September 11, 2023, Case #: 3:21cv771, NOS: Employment - Civil Rights, Categories: Evidence, Government, Employment Discrimination
J. Williams denies, in part, the employer's motion for summary judgment, ruling that although the terms of the executive's bonus were not included in the offer sheet, a reasonable jury could infer the terms were part of the employment agreement based on deposition testimony the bonus was removed to avoid angering other high-level employees. Additionally, this evidence is sufficient to support the executive's fraud claim at this stage of proceedings because he was guaranteed a bonus based on the performance of the company as a whole.
Court: USDC Connecticut, Judge: Williams, Filed On: September 8, 2023, Case #: 3:19cv1910, NOS: Other Contract - Contract, Categories: Employment, Fraud, Contract
J. Hall grants, in part, the employer's motion for summary judgment, ruling that while the 61-year-old employee was effectively replaced by a younger employee, the employer had a legitimate reason to fire him as part of a cost-cutting strategy during the Covid-19 pandemic, which significantly impacted the company's finances and forced it to downsize.
Court: USDC Connecticut, Judge: Hall, Filed On: September 8, 2023, Case #: 3:21cv1435, NOS: Family and Medical Leave Act - Labor, Categories: Evidence, Covid-19, Employment Discrimination
J. Shea grants the governor and other officials' motion to dismiss, ruling the disabled students lack standing to bring declaratory judgment claims for the state's closure of public schools during the Covid-19 pandemic because they seek only to redress past harms and allege no imminent or future injury. Meanwhile, all of the claims brought under the Individuals with Disabilities Education Act must be dismissed either for a failure to exhaust administrative remedies or a failure to plead a plausible claim, given the disabled students were treated the same as non-disabled students and the system-wide change to homeschooling did not constitute a change in educational placement under the Act.
Court: USDC Connecticut, Judge: Shea, Filed On: September 7, 2023, Case #: 3:21cv1431, NOS: Education - Civil Rights, Categories: Education, Jurisdiction, Covid-19
J. Meyer grants, in part, the employee's motion for default judgment, ruling the U.S. Marshals' delivery of a service summons to the employer satisfied service requirements and allows for judgment on unpaid wage claims, given it failed to respond to the allegations in the complaint. However, because the employee was unable to deliver a service summons to the owner of the company individually and used FedEx instead of a certified mail service, judgment is not warranted against the owner and the employee will have an additional 30 days to perfect service.
Court: USDC Connecticut, Judge: Meyer, Filed On: September 7, 2023, Case #: 3:21cv810, NOS: Fair Labor Standards Act - Labor, Categories: Civil Procedure, Labor
J. Richardson grants, in part, the employer's motion to dismiss counterclaims, ruling the declaratory judgment claim brought by the competitor is based on the same set of facts as the contract claim brought in the initial suit and, therefore, is duplicative.
Court: USDC Connecticut, Judge: Richardson, Filed On: September 7, 2023, Case #: 3:22cv203, NOS: Defend Trade Secrets Act of 2016 (DTSA) - Property Rights, Categories: Trade Secrets, Contract
J. Richardson denies the patentholder's motion to compel a deposition of the competitor's CEO, ruling it failed to demonstrate the executive has unique knowledge of a future product launch or that his goals and vision for the company would be relevant to the current dispute. However, the motion to compel further deposition testimony from the competitor's chief technology officer will granted, and the patentholder will be given an additional three hours to further develop the record regarding the competitor's knowledge of patents that form the basis of the lawsuit.
Court: USDC Connecticut, Judge: Richardson, Filed On: August 30, 2023, Case #: 3:22cv624, NOS: Patent - Property Rights, Categories: Patent, Discovery
J. Nagala denies the helicopter parts buyer's motion to dismiss, ruling the forum selection clause in its contract with the parts distributor is enforceable and, therefore, grants this court jurisdiction over the lawsuit. Although the clause was not included in the purchase order documents themselves, the distributor repeatedly referred the buyer to the terms and conditions listed in the price catalogue, which put the buyer on notice and renders the clause enforceable.
Court: USDC Connecticut, Judge: Nagala, Filed On: August 28, 2023, Case #: 3:22cv1445, NOS: Other Contract - Contract, Categories: Jurisdiction, Contract