19 results for 'judge:"Meyer"'.
[Amended.] J. Meyer amends a previously published opinion to include the name of an additional attorney representing a neighbor in a dispute. The trial court properly ruled for a property owner who claimed his neighbor breached an agreement that settled their easement dispute. The neighbor refused to pay for an agreed-upon cattle guard and he placed a gate across an easement road, and then he failed to timely respond to the property owner's motion for summary judgment. However, the trial court erred in dismissing the neighbor's trespass claim on standing grounds. Also, an attorney fee award to the owner for pressing his summary judgment motion was proper but the owner was also entitled to fees for defending against the neighbor's motion for reconsideration. Vacated in part.
Court: Idaho Supreme Court, Judge: Meyer, Filed On: April 25, 2024, Case #: 49628, Categories: Property, Settlements, Attorney Fees
J. Meyer holds that the trial court properly ruled for a property owner who claimed his neighbor breached an agreement that settled their easement dispute. The neighbor refused to pay for an agreed-upon cattle guard and he placed a gate across an easement road, and then he failed to timely respond to the property owner's motion for summary judgment. However, the trial court erred in dismissing the neighbor's trespass claim on standing grounds. Also, an attorney fee award to the owner for pressing his summary judgment motion was proper but the owner was also entitled to fees for defending against the neighbor's motion for reconsideration. Vacated in part.
Court: Idaho Supreme Court, Judge: Meyer, Filed On: April 17, 2024, Case #: 49628, Categories: Property, Settlements, Attorney Fees
J. Meyer remands a case in which a resident filed a claim in state court against a railroad for blocking automobile traffic for excessive periods of time. The railroad removed the case to federal court based on diversity jurisdiction. The claim does not meet the $75,000 requirement for federal diversity jurisdiction, so the judge returns this case to state court.
Court: USDC Connecticut, Judge: Meyer, Filed On: March 28, 2024, Case #: 3:23cv990, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Civil Procedure, Transportation, Jurisdiction
J. Meyer denies, in part, the board of education's motion for summary judgment, ruling that while the teacher being summoned to disciplinary meetings and having a negative comment on her performance review are not typical examples of adverse employment actions, they are sufficient to create an issue of fact and allow the First Amendment retaliation claim to proceed for the board's actions in the wake of critical comments made by the teacher regarding the district's Covid-19 policies.
Court: USDC Connecticut, Judge: Meyer, Filed On: March 19, 2024, Case #: 3:22cv425, NOS: Other Civil Rights - Civil Rights, Categories: Education, Covid-19, First Amendment
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J. Meyer denies Home Depot's motion to dismiss, ruling the emotional harms suffered by the black woman who was falsely accused of being a thief and a getaway driver while in a store parking lot are sufficient to constitute a concrete harm and establish jurisdiction for her emotional distress claims. Although being accused of theft is not inherently racist, the employee used the words "you people" and "nigger" during his tirade, which is conduct sufficient to allow the emotional distress claims to proceed.
Court: USDC Connecticut, Judge: Meyer, Filed On: March 12, 2024, Case #: 3:23cv415, NOS: Other Civil Rights - Civil Rights, Categories: Evidence, Emotional Distress, Jurisdiction
J. Meyer denies the state marshal's motion for summary judgment, ruling that while there is no direct evidence he was the one who damaged the tenant's belongings following her eviction, his control over the eviction process and circumstantial evidence, including the tenant's claim he was "angry, violent, and vicious," especially after she slammed the door on his foot, is sufficient to allow the civil rights claim to proceed.
Court: USDC Connecticut, Judge: Meyer, Filed On: February 29, 2024, Case #: 3:21cv1379, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Evidence
J. Meyer grants the town and its police chief's motion for summary judgment, ruling the police officer's grievances about shift practices were not a matter of public concern and, therefore, cannot constitute protected speech to support his First Amendment retaliation claim, which must be dismissed. Additionally, the comparators cited by the police officer cannot be used to support his employment claims because none of the officers had nearly as many disciplinary infractions or investigations on their record at the time the officer was fired for insubordination.
Court: USDC Connecticut, Judge: Meyer, Filed On: January 18, 2024, Case #: 3:21cv1663, NOS: Employment - Civil Rights, Categories: Employment Retaliation, First Amendment
J. Meyer grants the Connecticut-based car dealership warranty provider's motion for summary judgment, ruling the New Jersey-based warranty provider cannot prove damages because evidence in the record indicates commissions paid after the Connecticut company took over the accounts of four dealerships were paid to a related, but separate business entity not named as a defendant in this case.
Court: USDC Connecticut, Judge: Meyer, Filed On: January 9, 2024, Case #: 3:21cv659, NOS: Other Contract - Contract, Categories: Damages, Interference With Contract, Contract
J. Meyer denies, in part, the board of education's motion to dismiss, ruling that while the bulk of the teacher's complaint deals with the efficacy of the Covid-19 vaccine, her claim she was unable to express her religious beliefs because of the board's vaccine or test order during the pandemic is sufficient to state a plausible religious discrimination claim. However, because the board was required to implement the policy in response to the governor's mandates regarding the Covid-19 pandemic, the teacher's constitutional claims fail.
Court: USDC Connecticut, Judge: Meyer, Filed On: September 20, 2023, Case #: 3:22cv1459, NOS: Employment - Civil Rights, Categories: Constitution, Covid-19, Employment Discrimination
J. Meyer denies the state's motion for summary judgment in an employment discrimination action, ruling the totality of the circumstances surrounding the harassment endured by the black employee, which included a coworker hanging a noose near his cubicle, bringing a revolver to the office, and years of comments about "you people" and other racist tropes, allege a plausible claim for a hostile work environment.
Court: USDC Connecticut, Judge: Meyer, Filed On: September 15, 2023, Case #: 3:21cv736, NOS: Employment - Civil Rights, Categories: Government, Employment Discrimination
J. Meyer grants the sex offender's motion for summary judgment, ruling the Connecticut law requiring released sex offenders to disclose all email addresses and other forms of online communication to the state police violates the First Amendment and does not advance a compelling government interest. Although the state has an interest in deterring sex offenders from using the internet to commit additional crimes, requiring disclosure of all internet-based forms of communications prevents released offenders from speaking freely and anonymously on the internet, while the state failed to provide any evidence the law has been used to prevent or detect crimes in the 15 years since its passage; therefore, the state will be permanently enjoined from enforcing the law against him.
Court: USDC Connecticut, Judge: Meyer, Filed On: September 14, 2023, Case #: 3:19cv1240, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Constitution, First Amendment
J. Meyer grants, in part, the employee's motion for default judgment, ruling the U.S. Marshals' delivery of a service summons to the employer satisfied service requirements and allows for judgment on unpaid wage claims, given it failed to respond to the allegations in the complaint. However, because the employee was unable to deliver a service summons to the owner of the company individually and used FedEx instead of a certified mail service, judgment is not warranted against the owner and the employee will have an additional 30 days to perfect service.
Court: USDC Connecticut, Judge: Meyer, Filed On: September 7, 2023, Case #: 3:21cv810, NOS: Fair Labor Standards Act - Labor, Categories: Civil Procedure, Labor
J. Meyer grants the employer's motion for summary judgment, ruling the money for lost and damaged goods taken out of the deliver drivers' paychecks is not an unlawful deduction. The removals are written into the parties' payment schedule agreement and, therefore, are a component of the calculation of the wages, not a deduction.
Court: USDC Connecticut, Judge: Meyer, Filed On: August 24, 2023, Case #: 3:19cv1896, NOS: Other Labor Litigation - Labor, Categories: Class Action, Labor
J. Meyer denies, in part, the hospital's motion for summary judgment, ruling the supervising doctor's comment that "Nigerian culture is typically misogynistic and chauvinistic" during an investigation into sexual assault allegations, when coupled with the fact she was instrumental in the Nigerian doctor's termination, is sufficient to support race and national origin discrimination claims.
Court: USDC Connecticut, Judge: Meyer, Filed On: August 10, 2023, Case #: 3:20cv1133, NOS: Employment - Civil Rights, Categories: Evidence, Employment Discrimination
J. Meyer grants the lender's motion to dismiss, ruling that because there is no dispute about the holder of the mortgage note, the borrower lacks standing to bring her quiet title action, which will be dismissed in its entirety.
Court: USDC Connecticut, Judge: Meyer, Filed On: July 31, 2023, Case #: 3:23cv192, NOS: All Other Real Property - Real Property, Categories: Civil Procedure, Banking / Lending
J. Meyer grants the gun manufacturer's motion to dismiss counterclaims filed by the law firm, ruling the press release issued after it filed the initial defamation suit for the firm's claims about misfiring handguns falls within the bounds of the "fair report privilege" because it was released only to outline the claims made in the suit, not with malicious intent.
Court: USDC Connecticut, Judge: Meyer, Filed On: July 10, 2023, Case #: 3:22cv885, NOS: Other Statutory Actions - Other Suits, Categories: Defamation, Privilege
J. Meyer grants the debt collector's motion to dismiss, ruling the consumer lacks standing to bring a Fair Debt Collection Practices Act claim. She failed to allege she suffered any harm as a result of misleading sets of dates included on collection notices. Although the dates for debt disputes varied between several collection notices, the consumer never attempted to dispute the debt.
Court: USDC Connecticut, Judge: Meyer, Filed On: June 28, 2023, Case #: 3:22cv1621, NOS: Consumer Credit - Other Suits, Categories: Debt Collection, Consumer Law