41 results for 'court:"USDC Vermont"'.
J. Sessions denies Monsanto, Bayer and two other companies’ motion to dismiss a misrepresentation claim brought by four teachers and a student, who say the companies’ polychlorinated biphenyls are contaminating school buildings, as well as a husband’s claim for loss of consortium due to his wife’s injuries. The ag giants are not entitled to dismissal because the plaintiffs plausibly alleged justifiable reliance on the companies’ representations.
Court: USDC Vermont, Judge: Sessions, Filed On: April 12, 2024, Case #: 2:23cv272, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: Environment, Tort, Negligence
J. Sessions sustained and overruled, in part, an industrial acquisition and a bakery investment companies’ objection to fees and costs submissions brought by a class of workers’ regarding labor law violations. The attorneys sought higher than normal hourly fees and number of hours typically approved by the court and the fees shall be reduced. The parties’ statements are very vague for the fees and cost but shall submit a more in-depth revised statement within 30 days.
Court: USDC Vermont, Judge: Sessions, Filed On: March 26, 2024, Case #: 2:21cv120, NOS: Other Labor Litigation - Labor, Categories: Sanctions, Attorney Fees, Labor
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J. Reiss denies a generic drug manufacturer's motion for summary judgment on its breach of contract claims against a drug developer over a licensing covenant for a transdermal rotigotine patch called Neupro. The covenant allows the developer to sue the generic manufacturer for infringement of new drug products developed after a specific date. Summary judgment on the generic manufacturer's request for a non-infringement declaration cannot be made until the covenant's meaning of "infringment analysis" is determined.
Court: USDC Vermont, Judge: Reiss, Filed On: March 8, 2024, Case #: 2:22cv216, NOS: Patent - Property Rights, Categories: Patent
J. Sessions grants, in part, a university’s motion to dismiss in this negligence lawsuit brought by four female students. The students allege they were sexually assaulted, drugged and raped by fellow students, and say the university, its board of directors and administrators failed to properly investigate or hold the assailants accountable. The students have plausibly alleged the post-assault deliberate indifference claims, prohibited retaliation under Title IX and due process, so those claims proceed.
Court: USDC Vermont, Judge: Sessions, Filed On: March 7, 2024, Case #: 2:22cv212, NOS: Other Civil Rights - Civil Rights, Categories: Education, Negligence, Assault
[Consolidated.] J. Sessions entered a filing injunction against a pro se New York resident who has bothered the court with 20 frivolous suits in just two years. This order enjoins and prohibits him from filing suit regarding any matter again, unless given permission by the court by obtaining prior leave by the judge. If the filing does not show the court has jurisdiction or is otherwise barred, it will be rejected and docketed as a closed miscellaneous case.
Court: USDC Vermont, Judge: Sessions, Filed On: February 26, 2024, Case #: 2:23cv471, NOS: Other Civil Rights - Civil Rights, Categories: Sanctions, Jurisdiction, Injunction
J. Sessions grants two neighbors’ motion to dismiss nuisance and intrusion-upon-seclusion claims brought by a property owner. The property owner and his family are practicing Jews with many relatives on the property; they say the neighbors have filed complaints with the town zoning authority and the police department. He fails to state a claim for nuisance or intrusion upon seclusion.
Court: USDC Vermont, Judge: Sessions, Filed On: February 26, 2024, Case #: 2:23cv88, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Property, Tort
J. Sessions grants a college and its current president’s motion to stay in this employment contract dispute brought by the former president alleging discrimination and retaliation. The college argues this case needs to go to arbitration on all claims as stated in the employment agreement. The college and its current president have met the burden that arbitration is needed and its inherent power to control the docket.
Court: USDC Vermont, Judge: Sessions, Filed On: January 3, 2024, Case #: 2:23cv393, NOS: Employment - Civil Rights, Categories: Arbitration, Employment, Contract
J. Reiss grants the U.S. Postal Service’s motion to dismiss, for lack of subject matter jurisdiction, this personal injury clam brought by a contracted worker. The worker was injured while delivering mail and under Vermont Law the postal service is his statutory employer for workers’ compensation. The postal worker is granted leave to amend his complaint by Nov. 23, 2023.
Court: USDC Vermont, Judge: Reiss, Filed On: October 23, 2023, Case #: 2:22cv158, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Government, Discovery, Workers' Compensation
J. Crawford adopts the magistrate judge’s report and recommendation and denies the plaintiff’s motion to invoke arbitration and the third-party defendants’ counterclaim motion to compel arbitration in this royalty agreement lawsuit. The court finds no error in assessment of credibility and weighing of evidence. The third-party defendants did not join the plaintiff’s complaint and were parties to previous arbitrations.
Court: USDC Vermont, Judge: Crawford, Filed On: October 12, 2023, Case #: 5:19cv243, NOS: Other Contract - Contract, Categories: Arbitration, Civil Procedure, Contract
J. Sessions denies a nursing home’s motion for summary judgment in a disability discrimination claim of violation to the Fair Housing Act, Americans with Disabilities Act, Rehabilitation Act and Vermont Fair Housing and Public Accommodations Act. The nursing home denied the decedent admission due to a lack of space putting her on a waitlist; her daughter argues it was because of her mother’s mental illness. Considering all evidence, the jury could find fact and conclude the actions were in fact discrimination.
Court: USDC Vermont, Judge: Sessions III, Filed On: October 5, 2023, Case #: 2:20cv153, NOS: Housing/Accommodations - Civil Rights, Categories: Civil Rights, Ada / Rehabilitation Act, Housing
J. Reiss grants Dairy Farmers of America's motion for summary judgment requesting the court to take judicial notice of prior litigations and news coverage of their activities. The class of farmers' motions and claims for allegedly conspiring to fix the prices of Grade A raw milk are denied but leave to file an amended complaint is granted.
Court: USDC Vermont, Judge: Reiss, Filed On: September 26, 2023, Case #: 2:22cv147, NOS: Antitrust - Other Suits, Categories: Agriculture, Antitrust, Discovery
J. Sessions partially grants a motion for summary judgment concerning a class of former employees’ worker adjustment and retraining liability question. There was no evidence of fraud, so the court rejects the defense of an “unforeseen business circumstance” exception. Defendants share liability for damages and the dissolution receiver is entitled to indemnification.
Court: USDC Vermont, Judge: Sessions, Filed On: August 23, 2023, Case #: 2:21cv120, NOS: Other Labor Litigation - Labor, Categories: Fraud, Class Action, Labor
J. Reiss grants in part and denies in part Old Navy's motion to exclude testimony from the individual's expert witness. Old Navy employees allegedly falsely accused the individual of shoplifting and stated he was acting as if he was under the influence of drugs or alcohol, for which the individual claimed discrimination and false detainment. While the expert's opinion that the individual suffers from PTSD is inadmissible, the remaining aspects of his opinion may be addressed with cross examination.
Court: USDC Vermont, Judge: Reiss, Filed On: August 21, 2023, Case #: 2:21cv155, NOS: Civil Rights - Habeas Corpus, Categories: Civil Rights, Experts
J. Reiss partially grants the individual's motion to exclude the resort's biomechanical engineering expert in a negligence action arising from injuries the individual suffered in a skiing accident. The individual fell while skiing and collided with the resort's snow-making equipment, rendering him a paraplegic. The expert may not give a causation opinion based on his qualitative analysis of the mechanisms of the individual's injuries. A computer model created by the expert to determine the possible force on the individual's spine during the collision is also excluded, as well as any opinions based on it. The individual's motion to exclude the expert's photogrammetric analysis is denied.
Court: USDC Vermont, Judge: Reiss, Filed On: July 27, 2023, Case #: 2:20cv165, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Negligence, Experts
J. Reiss finds in favor of the commissioner in a fraud, conversion, breach of fiduciary duty and racketeering action against the company owner in the amount of $66 million. The commissioner's motion for entry of default was previously granted. The commissioner is entitled to $25 million in compensatory damages based on the owner's conversion and misappropriation of assets. The commissioner is also entitled to $25 million in damages on the fiduciary duty claim based on the owner's bad faith actions in profiting at the company's expense and he is entitled to treble damages on the RICO claim.
Court: USDC Vermont, Judge: Reiss, Filed On: July 21, 2023, Case #: 2:20cv173, NOS: Racketeer Influenced and Corrupt Organizations (RICO) - Other Suits, Categories: Fraud, Damages, Racketeering
J. Reiss grants an insurance company's motion to dismiss the parents' wrongful death action alleging that the homeowner had loaded and unsecured firearms in her bedroom and was within the scope of her employment when their son accidentally killed himself with a pistol. The parents did not plausibly allege the homeowner's storing of the firearms was "conduct within the scope of her employment" or that a "special relationship" imposed a duty on the company to control her actions outside her employment.
Court: USDC Vermont, Judge: Reiss, Filed On: July 20, 2023, Case #: 2:22cv199, NOS: Other - Forfeiture/Penalty, Categories: Civil Procedure, Negligence, Wrongful Death