23 results for 'judge:"Boardman"'.
J. Boardman denies the Trustee of the bankruptcy estate’s motion to dismiss this bankruptcy appeal. The court dismisses a compensation order for lack of jurisdiction, vacates the bankruptcy court’s denial of motion to dismiss, and remands the case back to the bankruptcy court for further proceedings. The bankruptcy court abused its discretion in denying the consumer’s motion to dismiss.
Court: USDC Maryland, Judge: Boardman, Filed On: April 15, 2024, Case #: 8:23cv3135, NOS: Bankruptcy Appeal 28 USC 158 - Bankruptcy, Categories: Bankruptcy, Civil Procedure, Jurisdiction
J. Boardman denies a loan originator and a third-party lender’s motion to compel arbitration in this contract dispute brought by a class of consumers. The class seeks damages and declaration the loan agreements are void and not enforceable. The originator and lender’s seek arbitration under the arbitration clause. The promise in the arbitration policy is illusory and the contract is not enforceable.
Court: USDC Maryland, Judge: Boardman, Filed On: March 28, 2024, Case #: 8:23cv2156, NOS: Other Contract - Contract, Categories: Arbitration, Banking / Lending, Contract
J. Boardman grants a biotechnology firm’s motion to dismiss this RICO and fraud lawsuit that alleges the maker funneled kickbacks to pharmacies who referred patients to expensive medical services for patients with pulmonary arterial hypertension. United Healthcare has not plausibly alleged the scheme continued after January 2014, failed to plead the indirect purchasing rule and its mail and wire fraud allegations are not pleaded in detail. Therefore, the claims are time-barred and dismissed with prejudice.
Court: USDC Maryland, Judge: Boardman, Filed On: March 25, 2024, Case #: 8:22cv2948, NOS: Racketeer Influenced and Corrupt Organizations (RICO) - Other Suits, Categories: Fraud, Health Care, Racketeering
J. Boardman grants, in part, summary judgment in favor of the Food and Drug Administration, its commissioner and a technology company in this Freedom of Information Act claim brought by two other firms. The firms alleged the FDA is improperly withholding the tech company’s emergency use request. The court finds the disclosure is protected by exemption four and precluded by the Trade Secret Act. Summary judgment is granted to the government on all but three copies of the communication between the FDA and the tech company. The two firms’ request to open discovery is denied.
Court: USDC Maryland, Judge: Boardman, Filed On: February 21, 2024, Case #: 8:23cv489, NOS: Freedom of Information Act (FOIA) - Other Suits, Categories: Public Record, Discovery
J. Boardman dismisses this employment dispute in favor of the Maryland human services department alleging disability discrimination, retaliation and FMLA violation by a former employee. The employee alleges that, when he was out on FMLA, a supervisor requested him to come into the office and terminated him, interfering with his leave. He fails to plausibly allege he is entitled to judgment on the basis of disability or an adverse reaction. The motion for discovery is denied as moot, but the employee may provide a proposed amended complaint.
Court: USDC Maryland, Judge: Boardman, Filed On: February 13, 2024, Case #: 8:23cv1577, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Ada / Rehabilitation Act, Employment Discrimination, Employment Retaliation
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J. Boardman grants four nonprofit environmental organizations’ motion to lift the stay and their motion to admit extra-record evidence against several environmental agencies and petroleum companies in this environmental claim stemming from violations of the Administrative Procedures Act related to the impact of oil and gas drilling on endangered species. The agencies and companies have not showed clear or convincing consideration for a stay and the extra evidence declaration qualifies for the exceptions clarifying technical information. The organizations’ motion for remand without vacatur is denied.
Court: USDC Maryland, Judge: Boardman, Filed On: January 9, 2024, Case #: 8:20cv3060, NOS: Administrative Procedure Act/Review or Appeal of Agency Decision - Other Suits, Categories: Energy, Environment, Experts
J. Boardman denies a subcontractor’s motion to dismiss a surety’s third-party complaint in this Miller Act claim for contractual indemnification as unripe. Under the indemnification agreement liability cannot be transferred to subcontractor to enforce the Miller Act and the prevention doctrine is considered a non sequitur. The court cannot determine at this stage if the claims in fact are covered by the indemnification agreements.
Court: USDC Maryland, Judge: Boardman, Filed On: December 20, 2023, Case #: 8:22cv2789, NOS: Miller Act - Contract, Categories: Construction, Indemnification, Contract
J. Boardman grants a general contractor’s motion to dismiss a subcontractor’s counterclaim in this Miller Act dispute claiming a breach of subcontract for not paying under the agreement. The general contractor alleges damages for delay, base contract work and change in work per the contract. The subcontractor fails to prove or allege that the contract was satisfied. The subcontractor fails to offer any request or a proper memorandum to support their motion. Therefore, the motion to dismiss the general contractor’s crossclaims is denied.
Court: USDC Maryland, Judge: Boardman, Filed On: December 20, 2023, Case #: 8:22cv2789, NOS: Miller Act - Contract, Categories: Construction, Contract
J. Boardman grants summary judgment to Subaru on a renter’s product liability claims alleging that his left hand was severely injured when the Subaru Outback he was driving deployed its airbags. The driver’s theory does not point out a precise defect in the airbag system, and his expert did not pick one out either, so the system was reasonably safe, not defective.
Court: USDC Maryland, Judge: Boardman, Filed On: September 28, 2023, Case #: 8:20cv2164, NOS: Motor Vehicle Product Liability - Torts - Personal Injury, Categories: Vehicle, Negligence, Product Liability
J. Boardman grants two loan officers and Wells Fargo their motions to dismiss for a lack of personal jurisdiction and failure to state a claim following allegations of consumer credit violations brought by a borrower. After the borrower took out a mortgage with the bank, she fell behind on her payments and timely rescinded the loan. Ten years later, Wells Fargo sent her a mortgage bill and continued to do so although she instructed them to stop. Neither of the officers works or lives in Maryland, so personal or specific jurisdiction cannot be applied. Also, the borrower claims that under the Fair Credit Reporting Act, Wells Fargo had no right to report that she falsely owed debts to consumer credit agencies. However, under this act, no private right of action exists, so she cannot proceed.
Court: USDC Maryland, Judge: Boardman, Filed On: September 22, 2023, Case #: 8:22cv1712, NOS: Consumer Credit - Other Suits, Categories: Debt Collection, Consumer Law, Banking / Lending
J. Boardman partially denies a biopharmaceutical firm its motion to dismiss claims of fraud brought by stockholders after the firm allegedly misrepresented its ability to manufacture a COVID-19 vaccine. The firm publicly announced in 2020 that it was expanding its capacity to accommodate extensive production, but it did so before fixing various issues the FDA had identified in its process. Also, the firm suffered contamination and worker error and had to destroy 240 million doses. Keeping this information from stockholders amounts to business operations fraud.
Court: USDC Maryland, Judge: Boardman, Filed On: September 1, 2023, Case #: 8:21cv955, NOS: Stockholders’ Suits - Contract, Categories: Fraud, Securities, Covid-19
J. Boardman denies summary judgment to a driver after police officers pulled her over and allegedly assaulted her and unnecessarily arrested her. The officers claim the driver purposely drove on private property to avoid a “traffic control device,” drove while talking on her phone and had expired tags. One officer requested back up and the group eventually ordered the driver out of her car. She describes being afraid so she refused to exit. The officers allegedly cut her seatbelt with a knife and forcibly removed her from the car, then restrained her on the ground while arresting her. After review of the evidence including bodycam footage, it was found that officers behaved reasonably and that the driver’s claims lack merit.
Court: USDC Maryland, Judge: Boardman, Filed On: August 25, 2023, Case #: 8:22cv1542, NOS: Constitutionality of State Statutes - Other Suits, Categories: Malicious Prosecution, Vehicle, Negligence
J. Boardman denies three families their motion for an injunction that would require a county's school board to give them a choice to opt their children out of classroom instruction involving reading any books about family life and human sexuality. Specifically, the families--who are religious--claim that by reading stories about lesbian, gay, bisexual, transgender or queer characters aloud, teachers and the board are violating their children's constitutional rights to free exercise and their own rights to due process. However, the parents are incorrect because the no-opt-out policy regarding the books does not infringe upon their children's freedom to exercise their religion. Also, the parents' claim regarding due process will likely not succeed on the merits as there is no constitutional support for parents replacing state education because they disagree with curriculum.
Court: USDC Maryland, Judge: Boardman, Filed On: August 24, 2023, Case #: 8:23cv1380, NOS: Other Civil Rights - Civil Rights, Categories: Constitution, Education, Lgbtq
J. Boardman grants a group of insurance firms’ motion to strike a sheet metal company’s demand for a trial by jury after it was hired on as a subcontractor for a federal construction project. The subcontractor was hired on as a third-tier company to make and install mechanical duct work. After several years’ work, the company filed suit against the insurance group, as well as the first- and second-tier companies that hired it, to pursue payment for various increased expenses for which it has yet to be paid. It demands a trial by jury but signed an agreement that it would not pursue exactly that.
Court: USDC Maryland, Judge: Boardman, Filed On: August 7, 2023, Case #: 8:22cv2789, NOS: Miller Act - Contract, Categories: Construction, Jury, Contract
J. Boardman denies two homeowners, who are a couple, their motion to dismiss breach of warranty allegations brought by a title company after the company paid off their loan to release a lien and they refused to reimburse the firm. The company discovered that the homeowners hadn’t paid off a home equity loan, resulting in the lien, after it agreed to provide them title insurance. The homeowners argue that the over $112,000 the company paid was all interest and therefore subject to warranty exclusion. However, because the interest is an integral part of the damages and is the basis of suit, it cannot be excluded.
Court: USDC Maryland, Judge: Boardman, Filed On: July 14, 2023, Case #: 8:22cv3163, NOS: Other Contract - Contract, Categories: Property, Warranty, Contract
J. Boardman grants a car dealership its motion to compel arbitration in this class action suit brought by former staff for alleged wage law violations. The class claims the dealership manipulated numbers to justify not paying class members their true commissions. However, class members also entered an arbitration agreement with the dealership upon hire, so they are not entitled to a jury trial.
Court: USDC Maryland, Judge: Boardman, Filed On: July 14, 2023, Case #: 8:22cv2312, NOS: Other Statutory Actions - Other Suits, Categories: Arbitration, Employment, Class Action
J. Boardman grants a construction worker his claim that his employer violated the FLSA when it did not pay him for overtime. The worker’s claims are true, so the firm and its owner owe him over $8,000 in unpaid wages. However, the owner’s wife does not own any part of the firm and so cannot be sued.
Court: USDC Maryland, Judge: Boardman, Filed On: June 5, 2023, Case #: 1:19cv2317, NOS: Fair Labor Standards Act - Labor, Categories: Employment, Damages, Business Practices
J. Boardman denies a couple leave for their third amended complaint alleging wrongful death, state-created danger and conscience-shocking conduct against a county school board after their daughter’s ex-boyfriend shot and killed her at school. The couple alleges that the board, along with the principal, the school’s security staff and several teachers are at fault for failing to stop the ex-boyfriend, whom they allegedly knew harassed the daughter. However, the couple falls short of plausibly arguing that the board and staff’s knowledge of the boy’s behavior led directly to the girl's death. Those parties also have qualified immunity. All federal claims are dismissed, and the couple are free pursue any state claims.
Court: USDC Maryland, Judge: Boardman, Filed On: June 5, 2023, Case #: 8:20cv161, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Due Process, Wrongful Death