66 results for 'filedAt:"2023-09-30"'.
J. Kness primarily denies the defendant public high school’s motion to dismiss sexual abuse allegations brought by a group of male former students. The students, who attended the suburban public high school in the 1970s and ’80s, claim a former teacher abused them and other male students for over three decades. They now bring 13 separate claims against the school and the teacher himself. Though the teacher and district argue most of these claims are time-barred, the court disagrees. It allows all but three claims to proceed; and the battery, sexual abuse and due process claims dismissed are tossed only against the school, not the former teacher.
Court: USDC Northern District of Illinois, Judge: Kness, Filed On: September 30, 2023, Case #: 1:21cv2755, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Negligence, Emotional Distress, Assault
J. Chang partially grants the sued law firm and former trucking business manager’s motions to dismiss and strike a fraud suit brought by the trucking business manager’s father. The father says his son and the law firm boxed him out of the proceeds he was due from his son selling the business, which he founded, in 2018. The court allows the father’s fraud, breach of fiduciary duty and unjust enrichment claims to stand, but grants the son’s motion to strike his father’s claim for attorney fees.
Court: USDC Northern District of Illinois, Judge: Chang, Filed On: September 30, 2023, Case #: 1:22cv3760, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, Business Practices, Attorney Fees
J. Tipton denies, in part, two police officers' motion to dismiss an individual's claims related to an officer tasering him, which triggered a heart attack, and his subsequent arrest. The individual has plausibly pleaded his excessive force claim under the Fourth Amendment.
Court: USDC Southern District of Texas, Judge: Tipton, Filed On: September 30, 2023, Case #: 4:22cv3103, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Police Misconduct
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J. Boulware grants the income fund’s motion to dismiss this suit brought by the property owner whose mortgage ownership was reassigned multiple times without notice to her, and then recorded as defaulted on and sold. The income fund was not the original note or deed of trust holder and took no action to enforce the deed. The foreclosure was properly brought by the substitute trustee. The property owner has not pointed to any law that requires the district court to consider anything beyond the date and order of recording to determine when the documents became enforceable.
Court: USDC Nevada, Judge: Boulware, Filed On: September 30, 2023, Case #: 2:22cv199, NOS: All Other Real Property - Real Property, Categories: Property, Due Process, Foreclosure
J. Bolden denies, in part, the employer's motion for summary judgment, ruling a female employee's hostile work environment can proceed. Allegations of repeated instances of unwanted touching and inappropriate comments made in the female employee's department are sufficient to create questions of fact and could prove the existence of a pervasive toxic culture.
Court: USDC Connecticut, Judge: Bolden, Filed On: September 30, 2023, Case #: 3:20cv370, NOS: Employment - Civil Rights, Categories: Employment, Evidence, Employment Discrimination
J. Boulware grants JP Morgan’s post-remand motion for summary judgment. JP Morgan was assigned the deed of trust to a property which had been foreclosed-upon and sold to the trust, four years after the sale. The trust had knowledge of a failure to provide notice of sale in the foreclosure sale and that exercising reasonable care would have put it on notice. Establishing constructive notice is sufficient for purposes of defeating a claim to be a bona fide purchaser.
Court: USDC Nevada, Judge: Boulware, Filed On: September 30, 2023, Case #: 2:16cv2276, NOS: Taxes (U.S. Plaintiff or Defendant) - Federal Tax Suits, Categories: Property, Foreclosure
J. Mannion allows a school administrator to pursue first amendment claims accusing the district of scapegoating her as a criminal suspect after another teacher disbursed a list of sensitive personal information belonging to other administrators, which included her own "salaries, raises, and social security number," because the administrator's bargaining activities and her political endorsement of a school board candidate constituted protected speech pertinent to public concern.
Court: USDC Middle District of Pennsylvania, Judge: Mannion, Filed On: September 30, 2023, Case #: 3:23cv278, NOS: Employment - Civil Rights, Categories: Employment, Employment Retaliation, First Amendment
J. Levy denies a doctor’s motion for summary judgment against a few care facilities who terminated their contracts with him. The doctor is not entitled to summary judgment because “whether Northbridge Company maintains an ownership stake in the Recapitalized Facilities” and “whether Executive Directors at the Original Facilities could make termination decisions without home office oversight” are items of dispute for a jury to determine.
Court: USDC Maine, Judge: Levy, Filed On: September 30, 2023, Case #: 2:20cv350, NOS: Other Civil Rights - Civil Rights, Categories: Health Care, Whistleblowers, Contract
J. Boulware grants the female romantic partner’s motion for default judgment in this fraudulent misrepresentation case arising from the male partner’s unwillingness to commit more time to the relationship. When the male partner expressed concern about losing money from not working, he stated he would hire the woman to work for his company. She then allegedly agreed to travel from Nevada to Dubai to meet the man at his request. No such employment existed, and the female has submitted credible evidence as to the items that the jewelry appraiser could use in his appraisal of gifts she received. Other evidence proves that there was a loss of income due to the female partner’s travels.
Court: USDC Nevada, Judge: Boulware, Filed On: September 30, 2023, Case #: 2:14cv979, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Employment, Fraud, Contract
J. Beaton finds for the cabinet for health and family services in employment discrimination claims because evidence indicates that a child abuse investigation into the employee may have caused her to lose her job. However, the employee failed to demonstrate a due process violation occurred, and since this is the only federal claim, the court declines to hear remaining state law claims.
Court: USDC Western District of Kentucky, Judge: Beaton, Filed On: September 30, 2023, Case #: 5:22cv85, NOS: Employment - Civil Rights, Categories: Civil Rights, Employment, Employment Retaliation
J. Karas partially denies the city's motion to dismiss civil rights claims stemming from two alleged unlawful strip searches. There is sufficient evidence for a jury to find the city consistently failed to investigate allegedly improper strip searches, as the supervising officer investigating such allegations was also the officer who approved requests for strip searches from subordinate officers. Further, there is evidence that officers who violated city policy were not disciplined in any meaningful way.
Court: USDC Southern District of New York, Judge: Karas, Filed On: September 30, 2023, Case #: 7:20cv9251, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Police Misconduct
J. Azrack compels to arbitration a putative class action ERISA suit bought by a former regional manager that alleges her employer, Luxottica, an Italian eyewear designer, miscalculated her monthly pension payments due to their reliance on mortality assumptions that she claims is 50 years out of date. The court finds the arbitration clause is enforceable and expressly covers claims arising under ERISA.
Court: USDC Eastern District of New York, Judge: Azrack, Filed On: September 30, 2023, Case #: 2:21cv6072, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Erisa, Class Action