129 results for 'court:"USDC Western District of Oklahoma "'.
J. Dishman dismisses the individual plaintiff's negligence and malicious prosecution claims against the government based on a lack of jurisdiction. The claims arise from an incident at a medical center that allegedly resulted in the plaintiff's arrest. He was later "acquitted of the conduct" and brought the current claims as a result. The conduct alleged against the law enforcement officers does not support a negligent arrest claim, however, and the plaintiff fails to cite "an appropriate private party analogue for his negligent delay of medical care claim." His excessive force claim remains for trial.
Court: USDC Western District of Oklahoma , Judge: Dishman, Filed On: April 29, 2024, Case #: 5:19cv1102, NOS: Other Civil Rights - Civil Rights, Categories: Civil Procedure, Civil Rights, Negligence
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J. Goodwin partially grants the defendant police officers' joint motion to dismiss this complaint arising from the death of an individual who was allegedly detained in connection with a mental health crisis and later suffered cardiac arrest. The estate administrator's individual capacity claims under the Fourth and Eighth Amendments are dismissed without prejudice against the two officers.
Court: USDC Western District of Oklahoma , Judge: Goodwin, Filed On: March 29, 2024, Case #: 5:20cv1280, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights
J. Goodwin denies the Georgia company's dismissal motion in this breach of contract lawsuit brought by an Oklahoma company. The plaintiff company has established a prima facie case for personal jurisdiction, based on the parties' continuing business relationship. Additionally, the arguments presented by the Georgia company do not support a transfer to the Northern District of Georgia.
Court: USDC Western District of Oklahoma , Judge: Goodwin, Filed On: March 29, 2024, Case #: 5:22cv200, NOS: Other Contract - Contract, Categories: Jurisdiction, Venue, Contract
J. Goodwin partially grants the defendant police chief's motion for summary judgment in this employment discrimination lawsuit arising from a disciplinary proceeding within the police department and the employee's subsequent termination and reinstatement. The employee's conspiracy claim is dismissed against the police chief, but his racial discrimination claim under Section 1981 survives. The court concludes that there is a dispute as to "whether the stated reason for plaintiff's termination was pretextual."
Court: USDC Western District of Oklahoma , Judge: Goodwin, Filed On: March 29, 2024, Case #: 5:20cv1281, NOS: Employment - Civil Rights, Categories: Civil Rights, Employment Discrimination
J. Dishman partially grants the defendant refrigerator manufacturer's motion to exclude certain expert testimony in this lawsuit stemming from a fire that allegedly began in a recreational vehicle. The owners of the RV contend that the fire was caused by a defective refrigerator, which was inside the RV, and the court finds that their expert's opinions are "generally relevant and helpful." However, certain parts of his report, specifically including his "opinions concerning the safety remedy provided as part of the recalls" and whether the National Highway Traffic Safety Administration approved, are neither relevant nor reliable.
Court: USDC Western District of Oklahoma , Judge: Dishman, Filed On: March 22, 2024, Case #: 5:20cv272, NOS: Property Damage Product Liability - Torts - Personal Property, Categories: Negligence, Product Liability, Experts
J. Dishman denies the plaintiff vehicle owners' motion to exclude certain expert testimony in this product liability lawsuit arising from a fire that they allege started in a recreational vehicle as a result of a defective refrigerator. The defendant refrigerator manufacturer's expert is a certified fire and explosion investigator who has investigated "more than 1,000 fires, including RV fires where gas absorption refrigerators were present." The court does not find his opinions to be unreliable and notes the spoliation issue "can be adequately challenged on cross-examination."
Court: USDC Western District of Oklahoma , Judge: Dishman, Filed On: March 22, 2024, Case #: 5:20cv272, NOS: Property Damage Product Liability - Torts - Personal Property, Categories: Product Liability, Experts
J. Wyrick grants two of the three dismissal motions in this lawsuit concerning "seven construction vehicles that did more idling than constructing." The purchaser of the vehicles asserts claims for negligence and breach of contract based on an alleged delay in their repairs. However, the complaint fails to establish the court's jurisdiction over one of the defendant companies, and it fails to plausibly state a claim against another.
Court: USDC Western District of Oklahoma , Judge: Wyrick, Filed On: March 19, 2024, Case #: 5:23cv159, NOS: Other Contract - Contract, Categories: Warranty, Contract
[Consolidated.] J. Dishman transfers these two consolidated real estate cases to the Northern District of Texas, Wichita Falls division, based on improper venue.
Court: USDC Western District of Oklahoma , Judge: Dishman, Filed On: March 13, 2024, Case #: 5:23cv227, NOS: All Other Real Property - Real Property, Categories: Civil Procedure, Real Estate, Venue
[Consolidated.] J. Dishman transfers these two consolidated real estate cases to the Northern District of Texas, Wichita Falls division, due to improper venue. The court notes that transfer "will promote judicial efficiency," as opposed to dismissal.
Court: USDC Western District of Oklahoma , Judge: Dishman, Filed On: March 13, 2024, Case #: 5:24cv110, NOS: All Other Real Property - Real Property, Categories: Civil Procedure, Real Estate, Venue
J. Wyrick grants the government's dismissal motion in this lawsuit concerning an Occupational Safety and Health Administration final rule regarding "reporting requirements for injury and illness records." The trade associations challenge the rule's "reasonable reporting requirement and the anti-retaliation provision." However, they fail to establish associational standing. Accordingly, the suit is dismissed without prejudice.
Court: USDC Western District of Oklahoma , Judge: Wyrick, Filed On: March 11, 2024, Case #: 5:17cv9, NOS: Administrative Procedure Act/Review or Appeal of Agency Decision - Other Suits, Categories: Administrative Law, Employment, Jurisdiction
J. Goodwin partially grants the defendant motorist's motions in limine in this personal injury lawsuit arising from a motor vehicle collision. The plaintiff motorist and his non-expert fact witnesses may testify as to mental and emotional pain suffered from the experience, but cannot testify as to the motorist's injuries and treatment. The plaintiff motorist is also prohibited from "urging the jury to send a message with its verdict," as this would be inappropriate.
Court: USDC Western District of Oklahoma , Judge: Goodwin, Filed On: March 11, 2024, Case #: 5:22cv389, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Tort, Experts, Discovery
J. Russell mostly declines the stepfather's motion to dismiss in this fraud and fiduciary duty lawsuit concerning the administration of the mother's trust. The brothers have sufficiently alleged that the stepfather breached his fiduciary duties as the trustee by selling the house below market value, issuing an unsecured loan to his own son, and failing to pay ad valorem taxes on behalf of the trust. However, the brothers' claim for accounting is dismissed.
Court: USDC Western District of Oklahoma , Judge: Russell, Filed On: March 11, 2024, Case #: 5:23cv917, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, Trusts, Fiduciary Duty
J. Goodwin denies in part the plaintiff motorist's motions in limine in this lawsuit arising from a motor vehicle collision. The plaintiff motorist seeks to preclude the defendant motorist from introducing plaintiff's medical information that is not related to this case, but this request is too broad and does not identify any specific record. Plaintiff can object during trial if defendant attempts to introduce an inadmissible medical record. However, the defendant motorist's counsel and witnesses are precluded from suggesting "that the jury's decision may result in higher healthcare costs or affect the costs of insurance."
Court: USDC Western District of Oklahoma , Judge: Goodwin, Filed On: March 11, 2024, Case #: 5:22cv389, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Tort, Discovery
J. Wyrick partially grants the defendant company's dismissal motion in this case stemming from the company's implementation of a Covid-19 vaccine mandate. The pro se plaintiff, who claims that he was terminated from his employment after objecting to the requirement, alleges religious discrimination against the company. However, his Title VII claim is dismissed with prejudice, and his state law claims are remanded to state court.
Court: USDC Western District of Oklahoma , Judge: Wyrick, Filed On: February 26, 2024, Case #: 5:23cv497, NOS: Employment - Civil Rights, Categories: Health Care, Employment Discrimination
J. DeGiusti partially grants the defendant company's motion for summary judgment in this lawsuit brought by a former employee under the Americans with Disabilities Act. Summary judgment is appropriate as to the employee's ADA retaliation and discrimination claims. The company provided a "legitimate, nondiscriminatory reason" for the employee's termination, and the employee, who was diagnosed with cancer, failed to show pretext. Summary judgement is not appropriate, however, as it relates to the employee's request for a recliner in her office "for times when she felt sick at work."
Court: USDC Western District of Oklahoma , Judge: DeGiusti, Filed On: February 22, 2024, Case #: 5:22cv514, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Ada / Rehabilitation Act, Employment Discrimination, Employment Retaliation
J. Wyrick grants the state and parole board defendants' motions to dismiss the Section 1983 claims in this case arising from three murders allegedly committed by an individual "just after being released from prison." The complaint contends that the individual was released prematurely due to a docketing error. However, the official-capacity claims are barred by the 11th Amendment. Further, the result of the alleged error "does not deprive the Parole Board members of the immunity they have been granted by law." Also, the court declines to exercise jurisdiction over the state law claims.
Court: USDC Western District of Oklahoma , Judge: Wyrick, Filed On: February 22, 2024, Case #: 5:22cv958, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Immunity