463 results for 'court:"USDC Maryland"'.
J. Coulson denies a former police officer’s estate’s motion for summary judgment seeking a ruling in their favor without a trial in this lawsuit brought by a retired police officer alleging violations of the United States Constitution, the Maryland Declaration of Rights, and Maryland common law. The retired officer alleges he was battered, falsely arrested with excessive and unreasonable force, and maliciously prosecuted by the decedent and fellow officers. The decedent alleged that the retired officer did in fact resist arrest and any reasonable jury could find it was excessive force during handcuffing. Therefore, the decedent is not entitled to qualified immunity, there are genuine disputes of material fact and adequate discovery needs to be developed. The estate may file another motion for summary judgment after the discovery is available.
Court: USDC Maryland, Judge: Coulson, Filed On: May 3, 2024, Case #: 1:23cv2379, NOS: Other Civil Rights - Civil Rights, Categories: Constitution, Municipal Law, Police Misconduct
J. Bennett grants the commission’s motion to dismiss this employment dispute brought by a former employee alleging wrongful termination and retaliation after she complained that an external speaker used the word “negro” during a presentation. She claims retaliation in violation of the Maryland Fair Employment Practices Act and Title VII, but fails to plausibly allege she was engaged in a protected activity or an adverse action. The court finds she cannot cure her defects by amending her complaint. Therefore, the clerk shall close this case and it is dismissed with prejudice.
Court: USDC Maryland, Judge: Bennett, Filed On: May 1, 2024, Case #: 1:23cv2492, NOS: Employment - Civil Rights, Categories: Civil Rights, Employment Retaliation
J. Hollander grants the university’s motion to dismiss this employment dispute brought by a former Black assistant professor alleging retaliation, race discrimination and hostile work environment claims. Her teaching contract was not renewed after making a complaint to human resources regarding a supervisor directing her to work five days a week, but she could not because of a daycare situation. She fails to include allegations related to the retaliation claims, making it inconsistent with the discrimination claims for the exhaustion requirement.
Court: USDC Maryland, Judge: Hollander, Filed On: May 1, 2024, Case #: 1:23cv2272, NOS: Employment - Civil Rights, Categories: Employment Discrimination, Employment Retaliation
J. Bennett grants Sherwin-Williams’ motion to compel arbitration and stay of the proceedings in this employment dispute brought by a former paint mixer who alleges race discrimination based on a failure to rehire claim. The paint mixer argues that the arbitration agreement was outside of the scope of his claims and not valid. The court found the arbitration agreement to be valid and enforceable, delegating the threshold issue of arbitrability to the arbitrator.
Court: USDC Maryland, Judge: Bennett, Filed On: April 30, 2024, Case #: 1:23cv3190, NOS: Employment - Civil Rights, Categories: Arbitration, Employment Discrimination, Employment Retaliation
J. Aslan grants a motion to enforce the settlement agreement in this subrogation action between an insurer and a company stemming from damage to the insurer’s property allegedly caused by the company’s negligence. The parties agreed to the settlement amount of $240,000, but at the time of the transfer an imposter posing as the insurer’s counsel intercepted the funds. Therefore, the fraudulent actions happened after the contract was in force. The court orders the company to pay the insurer $240,000 and denies the insurer’s request for costs, attorney fees and interest.
Court: USDC Maryland, Judge: Aslan, Filed On: April 29, 2024, Case #: 1:23cv1783, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: Insurance, Settlements, Contract
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J. Rubin grants a credit union and its employees’ motion to dismiss allegations of race and gender discrimination by a former Black female employee. The employee alleges that she was suspended, denied a promotion and treated unfairly by the assistant vice president in consumer loans, who also made negative comments. The credit union argues that the individual supervisors cannot be held liable for the discrimination and retaliation claims. The court found the employee untimely filed the race discrimination claim and failed to exhaust administrative remedies for the gender-based discrimination claim.
Court: USDC Maryland, Judge: Rubin, Filed On: April 22, 2024, Case #: 1:23cv1314, NOS: Employment - Civil Rights, Categories: Employment Discrimination, Employment Retaliation
J. Griggsby grants the coalition’s motion for summary judgment following allegations of Family and Medical Leave Act violations brought by a former team supervisor. The supervisor claims the coalition interfered with her FMLA rights by terminating her position when she requested the leave for her mental health. The coalition argues there are undisputed facts showing that the decision was planned to terminate her before she requested the leave for FMLA. She fails to show that her FMLA request was the reason, or that there is a casual link to the request and the termination. Therefore, her amended complaint is dismissed in its entirety.
Court: USDC Maryland, Judge: Griggsby, Filed On: April 22, 2024, Case #: 1:23cv1642, NOS: Family and Medical Leave Act - Labor, Categories: Employment Discrimination, Employment Retaliation
J. Hurson grants the U.S. Bureau of Labor Statistics and its employees’ motion to dismiss this employment dispute brought by a former economist alleging discrimination claims. She alleges that her probationary period should have been switched to permanent employment was the reason for discrimination and retaliation. The bureau argues the complaint should be dismissed for improper venue, her new claims are not exhausted and are untimely. It would be unjustified to transfer this late filed case to another district and it should not be drawn out in proceedings.
Court: USDC Maryland, Judge: Hurson, Filed On: April 22, 2024, Case #: 8:21cv3282, NOS: Employment - Civil Rights, Categories: Venue, Employment Discrimination, Employment Retaliation
J. Quereshi grants, in part, an estate’s motion to compel in this wrongful death of the decedent with mental illness. The estate alleges that the county’s police department failed to produce the internal affairs memoranda, demand documents and other communications concerning the shooting of decedent or similar cases. The police department opposes the motion, asserting the deliberative process and attorney-client privileges. The court previously found that the memorandum did not include any communications between the attorney and others and ordered the release of the material. Therefore, the production of a redacted and unredacted previous memorandums and materials must be released in its entirety along with documents of similar incidents.
Court: USDC Maryland, Judge: Quereshi, Filed On: April 19, 2024, Case #: 8:22cv856, NOS: Amer w/Disabilities - Other - Civil Rights, Categories: Government, Wrongful Death, Privilege
J. Copperthite denies the board’s motion to dismiss this sex discrimination lawsuit brought by a male student who was accused of sexual misconduct by a female student. The male student claims he was falsely accused and is a victim of gender discrimination because the university forced him to undergo an allegedly bias-ridden investigation process before expelling him. His pleadings allow a plausible inference of discrimination and he properly alleges the board deprived him of his due process rights. The student seeks declaratory and injunctive relief to require the board to reverse the hearing’s outcome, restore his reputation, expunge and seal the disciplinary and dismissal records, destroy the female student’s complaint and return him to good standing, but the court does not rule on this yet.
Court: USDC Maryland, Judge: Copperthite, Filed On: April 18, 2024, Case #: 1:23cv3100, NOS: Education - Civil Rights, Categories: Education, Due Process, Assault
J. Gallagher grants Southwest’s motion to dismiss this employment dispute brought by a former employee alleging breach of contract, hostile work environment, disability and race discrimination, failure to accommodate and violations of the Maryland Healthy Working Families Act. The employee alleges she was terminated for giving a coworker her username and password, as a supervisor suggested, and calling in sick from jail. Southwest alleges the breach of contract claim is preempted by the Railway Labor Act for disputes between rail and airline workers of a collective bargaining agreement. The employee fails to state a plausible claim to her hostile work environment, disability and race discrimination, failure to accommodate and the Maryland law. Therefore, all claims are dismissed without prejudice, except the breach of contract and it is dismissed with prejudice.
Court: USDC Maryland, Judge: Gallagher, Filed On: April 18, 2024, Case #: 1:23cv2980, NOS: Employment - Civil Rights, Categories: Employment, Negligence, Contract
J. Bennett denies Under Armour and its founder, as well as the stockholders suing them, their motions to exclude expert testimony and opinions of expert witnesses in this securities class action. The court finds that two of Under Armour’s witnesses are precluded from certain portions of their opinions, but may exclude those and testify the rest. The witnesses all should describe the opinions as to their scientific, technical or other specialized knowledge based on sufficient facts and evidence.
Court: USDC Maryland, Judge: Bennett, Filed On: April 16, 2024, Case #: 1:17cv388, NOS: Securities/Commodities/Exchange - Other Suits, Categories: Evidence, Securities, Experts
J. Chuang grants a tenant’s motion for modification of the order of remand to require payment of actual expenses and attorney fees in this fair credit reporting and consumer protection dispute against a property manager and management company. The tenant became very ill and had to relocate due to growth of mold withholding rent and late fees. This case will proceed to trial soon in state court, but this court will retain jurisdiction only for confirming and awarding attorney fees and costs.
Court: USDC Maryland, Judge: Chuang, Filed On: April 16, 2024, Case #: 8:24cv452, NOS: Consumer Credit - Other Suits, Categories: Debt Collection, Landlord Tenant, Jurisdiction
J. Messitte partially denies the marketing company and its owner and director, as well as the financial firm and its owner’s estate suing them, their motions in limine to exclude expert witness testimony in this fraud, conspiracy and defamation suit. The marketing firm’s proposed damages expert should be precluded from testifying regarding mitigation costs, which include legal fees, online reputation cost and childcare cost, but he may testify about lost profits to aid the jury in understanding the financial harm of defamation. The financial firm’s rebuttal expert will be permitted to testify on lost profits and a reduction in seminars held, and the owner’s text messages can be presented because the marketing company failed to identify any evidence to be excluded. The court grants the marketing company director’s motion in limine to forbid any use of or reference to his prior criminal history, as his convictions were 10 years ago and do not concern false statements.
Court: USDC Maryland, Judge: Messitte, Filed On: April 16, 2024, Case #: 8:19cv1312, NOS: Assault, Libel, & Slander - Torts - Personal Injury, Categories: Evidence, Fraud, Experts
J. Bennett grants cross-motions for judgment on the pleadings in favor of Under Armour brought by the insurer in this insurance dispute from a consolidated class action over securities, derivative matters and a government investigation. The parties reached an agreement, and they no longer dispute the insurance coverage during the relevant times.
Court: USDC Maryland, Judge: Bennett, Filed On: April 15, 2024, Case #: 1:22cv2481, NOS: Insurance - Contract, Categories: Insurance, Securities, Class Action
J. Bredar grants a landlord’s motion to dismiss lease agreement dispute brought by a tenant who alleges the apartment had habitability issues and she opened a rent escrow action. The court finds this case should be dismissed for the tenant’s failure to effect service and she has been harassed in an attempt to collect a debt by sufficiently stating the claim. The motion for default judgment is granted in favor of the tenant, she needs to file an additional accounting brief.
Court: USDC Maryland, Judge: Bredar, Filed On: April 15, 2024, Case #: 1:23cv342, NOS: Consumer Credit - Other Suits, Categories: Debt Collection, Landlord Tenant, Consumer Law
J. Boardman denies the Trustee of the bankruptcy estate’s motion to dismiss this bankruptcy appeal. The court dismisses a compensation order for lack of jurisdiction, vacates the bankruptcy court’s denial of motion to dismiss, and remands the case back to the bankruptcy court for further proceedings. The bankruptcy court abused its discretion in denying the consumer’s motion to dismiss.
Court: USDC Maryland, Judge: Boardman, Filed On: April 15, 2024, Case #: 8:23cv3135, NOS: Bankruptcy Appeal 28 USC 158 - Bankruptcy, Categories: Bankruptcy, Civil Procedure, Jurisdiction
J. Griggsby grants, in part, a bakery company’s motion to dismiss a fraud lawsuit brought a class of consumers alleging violations of the Food, Drug and Cosmetic Act and the Maryland Consumer Protection Act. The class alleges that the “All Butter” cake has artificial butter and not real butter, as the label suggests. The bakery argues that reasonable consumers would need additional information to determine whether “All Butter” referred to the ingredients or the flavor, and could find this information on the ingredients list. The remaining state law claims are preempted by FDCA and the consumer failed to state a plausible express warranty or consumer protection claim in the complaint.
Court: USDC Maryland, Judge: Griggsby, Filed On: April 12, 2024, Case #: 1:23cv522, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, Consumer Law, Class Action
J. Hurson grants, in part, two third-party subcontractors’ motion to dismiss this negligence and contract dispute brought by the water and sewer authority. The original construction company that hired the subcontractors failed to properly analyze the environmental conditions on land that the water and sewer authority bought, causing them to perform environmental remediation along with other buried debris and waste. The water and sewer authority fails to allege claim of breach of contract against the subcontractors and the language in both subcontracts does not grant them beneficiary status. The contract claim is dismissed, and the negligence claim is withdrawn as to the subcontractors. The water and sewer authority’s request for leave is denied as currently presented.
Court: USDC Maryland, Judge: Hurson, Filed On: April 9, 2024, Case #: 8:23cv1328, NOS: All Other Real Property - Real Property, Categories: Construction, Environment, Property
J. Chasanow grants a communications company, consultant company, chief executive officer and chief financial officer’s partial motion to dismiss in this contract dispute brought by a former chief executive officer of the communications company. The former officer alleges that she was induced by the consultant company and its officers in order to enter a purchase agreement. She fails to allege false representations or state a claim for fraud.
Court: USDC Maryland, Judge: Chasanow, Filed On: April 8, 2024, Case #: 8:23cv2749, NOS: Other Contract - Contract, Categories: Communications, Fraud, Contract
J. Aslan grants, in part, a video game developer and its insurance agency’s motion to dismiss and motion to strike this healthcare insurance coverage dispute brought by a former media artist. The artist alleges the developer and its insurer violated ERISA by denying her COBRA benefits. Her interference and retaliation, COBRA violation and breach of fiduciary duty claims fail to state a claim for relief, and her motion to strike the jury is denied as moot. The artist shall file a stipulation of dismissal for the claims that still remain in action for the third-party benefit administrator after they did not join in on this motion to dismiss.
Court: USDC Maryland, Judge: Aslan, Filed On: March 29, 2024, Case #: 1:23cv1270, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Erisa, Insurance, Fiduciary Duty
J. Bennett grants a mortgage company’s partial motion to dismiss underwriters’ claim seeking a declaration that they do not owe a duty to defend or indemnify the mortgagor, which is being sued for allegedly engaging in an illegal kickback scheme in violation of the Real Estate Settlement Procedures Act. The insurer’s duty to indemnify is not ripe. This case shall proceed to discovery on the counterclaims between the insurer and mortgage company.
Court: USDC Maryland, Judge: Bennett, Filed On: March 29, 2024, Case #: 1:23cv405, NOS: Insurance - Contract, Categories: Real Estate, Discovery, Class Action
J. Bennett grants the county’s motion to dismiss this employment dispute brought by a former employee on claims of retaliation and discrimination under the MFEPA and ADA. The employee was a lieutenant firefighter when she was charged with a DUI and after she attended treatment, she returned to work when she was charged with a second DUI. Her claims are unsupported, and the second DUI was legitimately the reason for her termination.
Court: USDC Maryland, Judge: Bennett, Filed On: March 28, 2024, Case #: 1:23cv2076, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Civil Rights, Employment Discrimination, Employment Retaliation
J. Boardman denies a loan originator and a third-party lender’s motion to compel arbitration in this contract dispute brought by a class of consumers. The class seeks damages and declaration the loan agreements are void and not enforceable. The originator and lender’s seek arbitration under the arbitration clause. The promise in the arbitration policy is illusory and the contract is not enforceable.
Court: USDC Maryland, Judge: Boardman, Filed On: March 28, 2024, Case #: 8:23cv2156, NOS: Other Contract - Contract, Categories: Arbitration, Banking / Lending, Contract