30 results for 'cat:"Civil Rights" AND cat:"Contract"'.
J. Brnovich grants a city's motion for judgment on the pleadings concerning a bar owner who surrendered her liquor license after two detectives launched an "impromptu liquor inspection," which she alleges led to an "unbelievably false report." The city sufficiently showed in court that it revoked her license for violating zoning ordinances, and not because she is a Black business owner.
Court: USDC Arizona, Judge: Brnovich, Filed On: March 27, 2024, Case #: 2:23cv752, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, Negligence, Interference With contract
J. McFadden denies, in part, a university's motion to dismiss an expelled student's discrimination action. He adequately pleads his claims for racial discrimination and breach of implied covenant of good faith and fair dealing, and his contract claim for breach of his scholarship agreement.
Court: USDC District of Columbia, Judge: McFadden, Filed On: February 6, 2024, Case #: 1:23cv436, NOS: Education - Civil Rights, Categories: civil Rights, Education, contract
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J. Sudday enters judgment in favor of Hamilton College on a student’s Title IX gender discrimination and breach of contract complaint, according to which the the college wrongfully concluded that he sexually assaulted a female student and afterwards expelled him from school. The court finds the student has failed to present any evidence would lead a jury to find the college’s actions showed bias against men or that the college’s process violated school policy.
Court: USDC Northern District of New York, Judge: Suddaby, Filed On: December 19, 2023, Case #: 6:21cv436, NOS: Education - Civil Rights, Categories: civil Rights, Education, contract
J. Sweeney denies JP Morgan Chase's motion to compel arbitration in claims contending a bank manager racially discriminated against a Black customer by accosting her and telling her she was not welcome there as he threatened to call the police because an arbitration clause in the bank's contract with the customer referred only to her deposit account without extending to the customer's discrimination claim.
Court: USDC Colorado, Judge: Sweeney, Filed On: December 15, 2023, Case #: 1:23cv2266, NOS: Other Civil Rights - Civil Rights, Categories: Arbitration, civil Rights, contract
J. Parker finds that the district court improperly dismissed claims contending a town manipulated building permit and zoning procedures to thwart plans by a group interested in building a school to educate Orthodox Jewish girls. Federal religious discrimination and civil right claims were ripe for consideration since the zoning board refused to review the group's application, and state interference with contract claims concerned town defendants' actions upending a land sale and impacting a bank loan. Reversed.
Court: 2nd Circuit, Judge: Parker, Filed On: December 8, 2023, Case #: 22-1741, Categories: civil Rights, Zoning, Interference With contract
J. Cogburn partially denies a condominium owners association’s motion for summary judgment following allegations of race discrimination brought by a Black female condo owner. The association also filed counterclaims for breach of contract and a declaratory judgment enforcing fines for the owner’s alleged violations of the agreement between the parties. After the owner was raped in her condo, she had a Ring Peephole Camera installed on the exterior of her door. While serving as vice president of the association's board, the owner was subject to harassment from multiple board members including fines for her camera installation, sexual propositions, and one member saying “You can’t reason with Black women.” Someone also anonymously left a bag of gummies in the shape of male genitalia with the note, “Eat a bag of dicks.” The owner also reports that other white residents in violation of altering their exterior doors were not subject to harassment and complaints. Because there are genuine issues of disputed facts in this case, summary judgment is not awarded. Also, until a jury determines whether the owner was subject to race discrimination, the association’s claims for breach of contract and summary judgment cannot be resolved.
Court: USDC Western District of North Carolina, Judge: Cogburn, Filed On: November 21, 2023, Case #: 3:22cv249, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, Property, contract
J. Copperthite grants summary judgment in favor of a manufacturing company in this lawsuit brought by a trucking company and its owner over race discrimination and wrongful termination of a contract. The trucking company, which is Black-owned, alleges the manufacturer’s employees placed a rope in the shape of a noose in the back of a truck, and shortly after this was reported to a supervisor, the manufacturer terminated the contract allegedly due to safety issues. The trucking company failed to plead any serious detriment by being notified of the termination, nor had a genuine dispute concerning whether the contract was breached.
Court: USDC Maryland, Judge: Copperthite, Filed On: November 6, 2023, Case #: 1:22cv651, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, contract
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. 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. Bernal finds in favor of the city against the towing company's claim that the city discriminated against the towing company in favor of other tow operators by intentionally giving other tow operators more toll calls. The towing company was only entitled to a "reasonably similar opportunity" as other contractors in the tow rotation system under its contract with the city, with no guarantee that each tow operator would receive the same number of tows. In 2017, the towing company received 19.1% of the total tows in rotation, which is the statewide average.
Court: USDC Central District of California, Judge: Bernal, Filed On: September 5, 2023, Case #: 5:20cv2506, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, contract
J. Hernandez dismisses the consumer's claim that JPMorgan closed and restricted her accounts based on allegedly unexpected activity on her account from Croatia, which the consumer claims JPMorgan knew was the occasional wire transfer to her family in Croatia. The consumer's national origin discrimination claim fails because she relies on circumstantial evidence that JPMorgan knew about the nature of her wire transfers, but she does not point to direct evidence such as slurs or that JPMorgan ever alluded to her national origin.
Court: USDC Oregon, Judge: Hernandez, Filed On: July 20, 2023, Case #: 3:23cv2, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, contract
J. Rice grants FedEx's motion to compel arbitration regarding the business owner's claim that FedEx's station manager made racially derogatory comments about people of color, including the business owner, and that FedEx did not provide loading assistance to the business and its drivers, which caused packages to not arrive on time. The Transportation Worker Exemption does not apply to the business or its owner because the original contract was signed between two corporate entities, FedEx and the business. Neither the business nor its owner qualifies as a worker.
Court: USDC Eastern District of Washington, Judge: Rice, Filed On: July 19, 2023, Case #: 2:23cv95, NOS: Other Civil Rights - Civil Rights, Categories: Arbitration, civil Rights, contract
J. Dishman dismisses the former employee's claims against the individual defendant in this employment discrimination lawsuit. The former employee, who appears pro se and asserts claims arising from his termination as a housekeeper, failed to effect proper service on the individual. Additionally, his breach of contract and violation of public policy claims against the defendant company are dismissed.
Court: USDC Western District of Oklahoma , Judge: Dishman, Filed On: June 30, 2023, Case #: 5:20cv1279, NOS: Employment - Civil Rights, Categories: civil Rights, Employment Discrimination, contract
J. Anello grants a private country club's motion to compel arbitration concerning a female member's complaint alleging that the club treated male members more favorably than their female counterparts. The female member argues that the membership contract did not contain an arbitration agreement, which was instead contained in the club's bylaws. While this is true, the membership bylaws are mentioned repeatedly in the contract and the member signed an acknowledgement of receipt of those bylaws.
Court: USDC Southern District of California, Judge: Anello, Filed On: June 30, 2023, Case #: 3:22cv1688, NOS: Other Civil Rights - Civil Rights, Categories: Arbitration, civil Rights, contract
J. Boone recommends granting a city and city officials’ motion to dismiss a former baseball player’s discrimination, retaliation and contract claims related to his 25-year lease of a city-owned sports complex. He fails to show that issues over the parties' contract were due to discrimination due, in part, to the lack of allegations of direct discrimination, or that the officials showed racial animus or mentioned his race.
Court: USDC Eastern District of California, Judge: Boone, Filed On: June 21, 2023, Case #: 1:20cv1069, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, contract
J. McAvoy rules on Syracuse University’s motion to dismiss a former student’s five-count Title IX gender discrimination lawsuit alleging the university discriminated against him on the basis of his gender when it found him guilty of sexually assaulting a female student and expelled him. The court dismisses his breach of contract and selective enforcement claims under Title IX and state law, while it preserves his Title IX gender-based erroneous outcome and state law breach of conduct claims, finding that he provided sufficient allegations that show the university acted with discriminatory intent when it sided with the female accuser over the male accused in an effort to refute public criticisms of how it handled claims of sexual abuse on its campus.
Court: USDC Northern District of New York, Judge: McAvoy, Filed On: June 21, 2023, Case #: 5:22cv644, NOS: Education - Civil Rights, Categories: civil Rights, Education, contract
J. Du grants the investment company which purchased a foreclosed property’s motion to dismiss this suit alleging wrongful foreclosure. Certain parties associated with the sale and auction were involved in prior, related litigation which was dismissed, and claims against them are subject to the two-dismissal rule. Other claims brought by out-of-state parties are dismissed for lack of standing.
Court: USDC Nevada, Judge: Du, Filed On: June 12, 2023, Case #: 3:22cv513, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, Property, contract
J. Sannes dismisses a music promoter’s claims for breach of contract, racial discrimination and tortious interference brought against New York State Department of Agriculture and the New York State Fair system stemming from a Young Thug concert that took place at a state fairground. It alleges the departments breached the terms of an advertising agreement by failing to fully promote the concert on its website, which led to low ticket sales. The promoter further claims the defendants’ actions were part of a pattern of racial discrimination, suggesting the management harbors racial animus towards hip-hop acts and the perceived race of their fans. Fatal to the promoter’s claims was the lack of its advertising contract or any major details regarding the terms of the agreement.
Court: USDC Northern District of New York, Judge: Sannes, Filed On: May 30, 2023, Case #: 5:22cv659, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, Interference With contract, contract