87 results for 'court:"USDC South Dakota"'.
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J. Schreier grants a motion for leave to proceed after an individual filed a pro se lawsuit under the False Claims Act. The action is sealed because the individual alleges it is a qui tam action, but the court wrote that it does not appear that the individual has served the government with a copy of his complaint and a written disclosure of substantially all material evidence. The matter stems from a dispute over car repairs at a shop in Worthington, Minnesota.
Court: USDC South Dakota, Judge: Schreier, Filed On: April 25, 2024, Case #: 5:23cv5071, NOS: Qui Tam (31 U.S.C. § 3729(a)) - Torts - Personal Property, Categories: Fraud, Vehicle
J. Schreier grants a motion for leave to proceed after an individual filed a pro se lawsuit under the False Claims Act. The action is sealed because the individual alleges it is a qui tam action, but the court wrote that it does not appear that the individual has served the government with a copy of his complaint and a written disclosure of substantially all material evidence. The matter stems from a dispute over car repairs at a shop in Worthington, Minnesota.
Court: USDC South Dakota, Judge: Schreier, Filed On: April 25, 2024, Case #: 4:23cv4189, NOS: Qui Tam (31 U.S.C. § 3729(a)) - Torts - Personal Property, Categories: Fraud, Vehicle
J. Lange denies a Department of the Interior motion to dismiss an amended complaint involving self-determination contracts under the Tribally Controlled Schools Act of 1988 under which the Lower Brule Sioux Tribe received federal funds to operate tribal schools that otherwise would have been operated by the federal government. The government collected a deficit of funds that the school would have otherwise received after the Tribe used some of the money to fund tribal government operations other than schools. The Tribe also claimed that the government collected more than the total unearned-revenue balance. The alleged overcollection claim in the amended complaint remains but all the claims from the original complaint remain foreclosed.
Court: USDC South Dakota, Judge: Lange, Filed On: April 24, 2024, Case #: 3:21cv3018, NOS: Administrative Procedure Act/Review or Appeal of Agency Decision - Other Suits, Categories: Administrative Law, Education, Native Americans
J. Piersol grants a motion for attorneys fees, costs and taxes awarded to parents in an Individuals with Disabilities Education Act (IDEA) claim. Parents of a minor child filed a due process complaint with the South Dakota Office of Hearing Examiners alleging that the School District violated the IDEA, and that their child placement at an academy in Utah for therapy and a standard education should be paid for by the School District. As the prevailing party, the parents were entitled to fees and costs.
Court: USDC South Dakota, Judge: Piersol , Filed On: March 18, 2024, Case #: 4:21cv4147, NOS: Education - Civil Rights, Categories: Education, Attorney Fees
J. Piersol denies a motion for partial summary judgment filed by an individual and a cross-motion for summary judgment filed by a Rapid City, Pierre & Eastern Railroad (RCPE). The action involves the injury of an employee during a derailment incident near New Underwood, South Dakota. Neither the individual nor his experts has identified anything about a culvert that RCPE failed to preserve that would affect the litigation in the matter and the individual has not provided any evidence that RCPE's failure to preserve a piece of the culvert "was done intentionally and with a desire to suppress the truth."
Court: USDC South Dakota, Judge: Piersol, Filed On: February 27, 2024, Case #: 5:22cv5064, NOS: Federal Employers’ Liability - Torts - Personal Injury, Categories: Employment
J. Piersol denies an employer's motion to dismiss an employee's allegations that she suffered sexual harassment in the workplace while she was employed at a casino. The employee's intentional infliction of emotion distress claim was sufficiently pleaded to withstand a motion to dismiss.
Court: USDC South Dakota, Judge: Piersol, Filed On: February 20, 2024, Case #: 4:23cv4052, NOS: Employment - Civil Rights, Categories: Employment
J. Schreier grants county employees' motion for dismissal on an individual's claims and dismisses with prejudice remaining claims against other county and prison employees. The matter stems from the individual's conviction in South Dakota state court of multiple counts of possessing, manufacturing, or distributing child pornography. The individual alleged that defendants conspired with one another to deny his First and Fourteenth Amendment rights of access to courts, freedom of speech, and to petition the government, and that those rights were violated when prison mailroom staff failed to process his appeal in a timely fashion.
Court: USDC South Dakota, Judge: Schreier, Filed On: February 13, 2024, Case #: 4:22cv4099, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Constitution
J. Lange dismisses a matter without prejudice in which a company alleged a property developer violated the Clean Water Act of 1972 through their construction and design of a surface water runoff plan. The company failed to state a claim upon which relief may be granted. In a hearing on the motion, argument largely centered on whether dismissal of the complaint should be with or without prejudice.
Court: USDC South Dakota, Judge: Lange, Filed On: February 6, 2024, Case #: 5:23cv5016, NOS: Torts to Land - Real Property, Categories: Water
J. Piersol denies a hotel and casino's motion for an independent medical examination of two individuals in a civil rights matter in which an individual was attempting to rent a room at the hotel in June 2020, when he and the hotel operator argued over a required damage deposit. The individual who attempted to rent the room is an individual of Native American descent. Two years later, another Native American individual was present while a group was boycotting the hotel, and the hotel operator allegedly sprayed dust spray into the individual's face. The hotel sought psychiatric examinations of the two Native American individuals despite having the medical records and extensive information developed during discovery of both individuals.
Court: USDC South Dakota, Judge: Piersol, Filed On: January 16, 2024, Case #: 5:22cv5027, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Native Americans
J. Schreier denies a motion to dismiss for improper venue a lawsuit in which a company that supplies breakfast foods to convenience stores and hotels began purchasing egg products from a food manufacturer, which later had issues surrounding the 2022 Avian Influenza outbreak resulting in a nearly doubled price hike for eggs. The transfer would simply shift the inconvenience of litigating in another state from defendant company to plaintiff company.
Court: USDC South Dakota, Judge: Schreier, Filed On: January 4, 2024, Case #: 4:23cv4027, NOS: Other Contract - Contract, Categories: Jurisdiction, Venue, Contract