74 results for 'judge:"Bloom"'.
J. Bloom approves a state commission’s motion to dismiss employment discrimination claim by a former employee who alleged he was harassed and fired due to a disability that made him fall asleep on the job. Because the former employee took no action for more than two years after initiating the case, he did not make a good faith effort to serve notice, as required.
Court: USDC Middle District of Pennsylvania, Judge: Bloom, Filed On: April 25, 2024, Case #: 1:23cv1820, NOS: Civil Rights - Habeas Corpus, Categories: Civil Rights, Employment Discrimination, Employment Retaliation
J. Bloom refuses to dismiss a disability discrimination claim filed by a former employee against her technical school, which allegedly gave her incorrect benefits information, and denied a request to rescind her retirement. It is undisputed that the former employee was disabled but possessed the necessary skills to perform her job with some accommodations.
Court: USDC Middle District of Pennsylvania, Judge: Bloom, Filed On: April 8, 2024, Case #: 1:23cv2039, NOS: Civil Rights - Habeas Corpus, Categories: Ada / Rehabilitation Act, Employment, Employment Discrimination
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J. Bloom grants clothing manufacturer Adidas final default judgment in trademark infringement claims by permanently prohibiting listed entities from future advertising, marketing, manufacturing, or selling of merchandise bearing the company's logo.
Court: USDC Southern District of Florida, Judge: Bloom, Filed On: February 27, 2024, Case #: 0:23cv62191, NOS: Trademark - Property Rights, Categories: Trademark, Injunction
J. Bloom dismisses the Commission's appeal of a magistrate judge's denial of its application of an order requiring compliance with an administrative subpoena in its investigation of suspected insider trading in connection with the acquisition of Office Depot by Staples. The magistrate judge did not clearly err in finding that the subpoena was testimonial in nature and therefore subject to fifth-amendment privilege, nor in finding that it had failed to satisfy the "foregone conclusion" test under which otherwise testimonial acts of production may be compelled because the government is already aware of the produced material.
Court: USDC Southern District of Florida, Judge: Bloom, Filed On: February 15, 2024, Case #: 1:23cv22764, NOS: Other Statutory Actions - Other Suits, Categories: Securities, Discovery, Privilege
J. Bloom denies the cruise ship operator's motion to dismiss the passenger's slip-and-fall suit. Negligent maintenance, failure to correct and failure to warn claims may be brought under a theory of vicarious liability, and doing so is not, in this case, an attempt to circumvent notice requirements since those causes of action are also alleged under a theory of direct liability. Difficulties in identifying the specific employees responsible for maintaining the deck where the passenger slipped are also not a basis for dismissal.
Court: USDC Southern District of Florida, Judge: Bloom, Filed On: February 14, 2024, Case #: 1:23cv23275-BB, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Maritime, Tort
J. Bloom partially grants a school board’s motion to dismiss a complaint by a student and her mother after the student was sexually assaulted by another student outside of school. The family sued both the school district and the school board, but these are not political subdivisions “separate and apart” from one another, so the board is dismissed. A motion to dismiss a claim of discrimination is denied because the student sufficiently claimed she was subjected to a hostile environment that the district was aware of.
Court: USDC Middle District of Pennsylvania, Judge: Bloom, Filed On: December 11, 2023, Case #: 3:23cv1118, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Civil Rights, Education, Negligence
J. Bloom grants defendant dismissal of claims contending he sexually assaulted another man at a hotel in France because French law applies and France is the proper venue.
Court: USDC Southern District of Florida, Judge: Bloom, Filed On: December 4, 2023, Case #: 0:23cv61039, NOS: Assault, Libel, & Slander - Torts - Personal Injury, Categories: Negligence, Venue, Assault