625 results for 'nos:"Other Statutory Actions - Other Suits"'.
J. Boyle grants an Army officer’s motion to dismiss allegations of harassment brought by a soldier support worker after the worker refused to give the officer a requested file. The worker filed an EEOC complaint after the officer supposedly threatened her position for refusing to give the officer a requested file. The worker was subsequently fired. However, as the officer is a federal employee, she correctly claims sovereign immunity, so the claim lacks subject-matter jurisdiction.
Court: USDC Eastern District of North Carolina, Judge: Boyle, Filed On: February 26, 2024, Case #: 5:23cv430, NOS: Other Statutory Actions - Other Suits, Categories: Employment, Immigration, Jurisdiction
J. Vilardo declines to stay claims contending debt collectors used threats and misrepresentations to coerce payments from consumers. The U.S. Supreme Court is expected to rule on the agency's funding structure this summer, but the agency has an interest in enforcing consumer protection laws, and performing discovery prior to the court ruling would not be unduly burdensome.
Court: USDC Western District of New York, Judge: Vilardo , Filed On: February 26, 2024, Case #: 1:22cv29, NOS: Other Statutory Actions - Other Suits, Categories: Civil Procedure, Debt Collection, Discovery
[Consolidated.] J. Bell grants the IRS’s motion to dismiss tort allegations brought by one of its employees and her husband, who claim another agent harassed the employee at work. The government correctly invokes sovereign immunity; further, the employee already filed a state case against the agent that was dismissed with prejudice, so this claim fails.
Court: USDC Western District of North Carolina, Judge: Bell, Filed On: February 23, 2024, Case #: 5:23cv149, NOS: Other Statutory Actions - Other Suits, Categories: Government, Tort, Immunity
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J. Joseph grants summary judgment to Treasury Secretary Janet Yellen and the U.S. Small Business Administration, finding the federal agency correctly determined an oil field service company was ineligible for a pandemic-program business loan it received in the amount of $2.5 million. The SBA correctly determined the business qualified for a maximum loan forgiveness amount of $687,000, and its decision was not arbitrary and capricious. The company’s interpretation of the law would require an erroneous finding the federal loan program would allow “double dipping,” or permitting small businesses and their contractors to count the same amounts twice to obtain multiple loans.
Court: USDC Western District of Louisiana , Judge: Joseph, Filed On: February 22, 2024, Case #: 6:22cv6229, NOS: Other Statutory Actions - Other Suits, Categories: Government, Business Expectancy, Covid-19
J. Xinis grants a homeowner’s motion for summary judgment and denies a merger mortgage company’s cross motion for summary judgment in this RESPA case regarding money owed on a mortgage. The homeowner alleges he has suffered from emotional distress stemming from a form sent to credit reporting agencies, and a reasonable juror could find that he did in fact suffer the emotional distress. The court agrees with the lender, that the borrower may not seek statutory damages.
Court: USDC Maryland, Judge: Xinis, Filed On: February 22, 2024, Case #: 8:19cv2797, NOS: Other Statutory Actions - Other Suits, Categories: Property, Emotional Distress, Banking / Lending
J. Nye denies in part the government's motion to dismiss environmental groups' claims that a logging project intended to "increase the resilience of the forests in the project area to insects, diseases, drought, and the undesirable effects from wildfires" violates the National Environmental Policy Act. Portions of the previous objection potentially raise similar enough arguments regarding the groups' claim involving the project’s threat to old-growth bird habitats to put the government on notice of the claim. The groups' claim that the government failed "to analyze or disclose whether the Project trends towards the forest plan’s desired conditions" continues.
Court: USDC Idaho, Judge: Nye, Filed On: February 22, 2024, Case #: 2:23cv290, NOS: Other Statutory Actions - Other Suits, Categories: Environment
J. Tigar allows some claims to move forward against Telsa from car owners who say the company released software updates to reduce the battery life of Model S and X Tesla vehicles. The unfair competition claims fail for not showing how Tesla plans to continue these practices in the future or that Tesla broke through security measures to get its updates downloaded. The remaining claims survive because the consumers plausibly allege that Tesla intentionally released a series of software updates that resulted in immediate battery degradation.
Court: USDC Northern District of California, Judge: Tigar, Filed On: February 20, 2024, Case #: 4:23cv2321, NOS: Other Statutory Actions - Other Suits, Categories: Vehicle, Unfair Competition, Class Action
J. Magnsuon denies the activists' motion for a preliminary injunction and dismisses their case asserting that the use of data from drivers' license databases to conduct state-sponsored voter-registration drives violates the federal Drivers Protection and Privacy Act. Sovereign immunity bars the activists' claims and there are no allegations in the complaint suggesting that the defendant state officials bear more than official responsibility for enforcing a legitimately enacted state policy. This suit, therefore, is substantially a suit against the state rather than the officials.
Court: USDC Minnesota, Judge: Magnuson, Filed On: February 20, 2024, Case #: 0:23cv3159, NOS: Other Statutory Actions - Other Suits, Categories: Elections, Immunity, Privacy
J. Saylor denies a subcontractor’s motion for summary judgment against a contractor that allegedly failed to pay it fully for its work. The contractor may have fabricated its desire to be provided as-built drawings, as the contract between the parties stipulated — rather than having the drawings given directly to its surety — as a way to avoid having to pay the subcontractor because the contractor’s president felt denigrated by the subcontractor's president. But there is not proof of this that could support summary judgment at this time.
Court: USDC Massachusetts, Judge: Saylor, Filed On: February 16, 2024, Case #: 1:22cv10238, NOS: Other Statutory Actions - Other Suits, Categories: Construction, Contract, Labor
J. Calabretta denies, in part, California Air Resources Board officials’ motion to dismiss two railroad associations’ challenges to new locomotive regulations. The associations have sufficiently pleaded their claims related to idling requirements, reporting and recordkeeping requirements, and an administrative payment provision.
Court: USDC Eastern District of California, Judge: Calabretta, Filed On: February 16, 2024, Case #: 2:23cv1154, NOS: Other Statutory Actions - Other Suits, Categories: Administrative Law, Environment, Transportation
J. Gleason denies registered guides' motion for a temporary restraining order regarding the award of a U.S. Fish and Wildlife Service-issued permit to guide commercial big game hunting on federal lands within Kodiak National Wildlife Refuge to another party. The registered guides allege that without the temporary restraining order, their "clients will be precluded from obtaining brown bear tags for hunting on Native lands," while the other party's permit would allow others to receive all of the brown bear tags for the area in question. The guides' "purported injury is speculative and does not demonstrate a likelihood of irreparable harm."
Court: USDC Alaska, Judge: Gleason, Filed On: February 16, 2024, Case #: 3:24cv36, NOS: Other Statutory Actions - Other Suits, Categories: Administrative Law, Restraining Order
[Consolidated.] J. Stark denies plaintiff's renewed motion seeking to attach shares held in CITGO, which is owned by Venezuela's state oil company, in a $17 million Florida judgment finding that Venezuela absconded with rare documents and artifacts of the South American General Simon Bolivar. Plaintiff failed to establish an exception to execution immunity under the Foreign Sovereign Immunities Act since Venezuela maintained immunity throughout the Florida litigation.
Court: USDC Delaware, Judge: Stark, Filed On: February 15, 2024, Case #: 1:17cv151, NOS: Other Statutory Actions - Other Suits, Categories: Property, Immunity, Jurisdiction
J. Pallmeyer denies a doctor’s motion to vacate a jury finding that he is liable for 158 false Medicare claims. The court finds that given the evidence which emerged at trial, and a similar finding against the doctor’s wife, the jury made a fair ruling in his case.
Court: USDC Northern District of Illinois, Judge: Pallmeyer, Filed On: February 15, 2024, Case #: 1:17cv4011, NOS: Other Statutory Actions - Other Suits, Categories: Jury, Medicare, False Claims
J. Bloom dismisses the Commission's appeal of a magistrate judge's denial of its application of an order requiring compliance with an administrative subpoena in its investigation of suspected insider trading in connection with the acquisition of Office Depot by Staples. The magistrate judge did not clearly err in finding that the subpoena was testimonial in nature and therefore subject to fifth-amendment privilege, nor in finding that it had failed to satisfy the "foregone conclusion" test under which otherwise testimonial acts of production may be compelled because the government is already aware of the produced material.
Court: USDC Southern District of Florida, Judge: Bloom, Filed On: February 15, 2024, Case #: 1:23cv22764, NOS: Other Statutory Actions - Other Suits, Categories: Securities, Discovery, Privilege
J. Bucklo rules on 20 separate motions in limine from a parent who says Chicago public school officials beat her son, and on nine separate motions in limine from the public school system itself, as the case moves closer to a possible trial.
Court: USDC Northern District of Illinois, Judge: Bucklo, Filed On: February 15, 2024, Case #: 1:19cv775, NOS: Other Statutory Actions - Other Suits, Categories: Civil Procedure, Education, Emotional Distress
J. Pallmeyer grants an Illinois city’s motion for summary judgment on a property development company’s claim that the city illegally denied its permit to build a cell tower on public land, but denies both the city’s and the company’s competing motions for summary judgment on the company’s claims under the Telecommunications Act. The court finds there was sufficient reason for the city to legally deny the development company’s permit to build the cell tower, but also concludes factual disputes make summary judgment on the remaining claims inappropriate.
Court: USDC Northern District of Illinois, Judge: Pallmeyer, Filed On: February 14, 2024, Case #: 1:22cv4151, NOS: Other Statutory Actions - Other Suits, Categories: Communications, Municipal Law, Property
J. Contreras dismisses two individuals' putative class claims against the Chair of the Equal Employment Opportunity Commission, in which they say the EEOC has failed to enforce judgments entered in their favor against the Air Force and National Guard Bureau. Contrary to their claims, the EEOC has no clear duty to act to enforce the orders, and also has no duty to refer their cases to either the attorney general or the Office of Special Counsel.
Court: USDC District of Columbia, Judge: Contreras, Filed On: February 13, 2024, Case #: 1:22cv3246, NOS: Other Statutory Actions - Other Suits, Categories: Administrative Law, Class Action, Labor
J. Trauger denies the dental care provider plaintiffs' motion for class certification in this suit alleging false advertising and fraud in connection with the defendant company's plastic aligners, which were allegedly sold "for orthodontic use." The dental care providers have "failed to satisfy either Rule 23(a) or Rule 23(b)" for class certification. Additionally, the defendants' motions to exclude certain testimony are denied as moot.
Court: USDC Middle District of Tennessee , Judge: Trauger, Filed On: February 12, 2024, Case #: 3:19cv845, NOS: Other Statutory Actions - Other Suits, Categories: Fraud, Consumer Law, Class Action
J. Boulee grants the corporation's motion to compel arbitration in a putative class action brought by the news website subscriber alleging that the corporation shared her personal information without her consent in violation of the Video Privacy Protection Act. The subscriber, who signed up for an account on the news website via Facebook, agreed to the arbitration provision through a valid browsewrap agreement when she registered her account.
Court: USDC Northern District of Georgia, Judge: Boulee, Filed On: February 12, 2024, Case #: 1:22cv4462, NOS: Other Statutory Actions - Other Suits, Categories: Arbitration, Privacy, Class Action
J. Lorenz grants JP Boden Services' motion to dismiss the consumer's Video Privacy Protection Act claims alleging that the company captures visitors' personal identifiable information while they view videos on its website. The consumer fails to plausibly allege that she "acted as a 'purchaser' or 'subscriber' sufficient to constitute a 'consumer' under the VPPA upon viewing a six-second video snippet when she landed on the Boden retail website." Therefore, the protections of the VPPA do not extend to her.
Court: USDC Southern District of California, Judge: Lorenz, Filed On: February 12, 2024, Case #: 3:23cv534, NOS: Other Statutory Actions - Other Suits, Categories: Privacy, Class Action, Technology