24 results for 'judge:"Bredar"'.
J. Bredar grants a landlord’s motion to dismiss lease agreement dispute brought by a tenant who alleges the apartment had habitability issues and she opened a rent escrow action. The court finds this case should be dismissed for the tenant’s failure to effect service and she has been harassed in an attempt to collect a debt by sufficiently stating the claim. The motion for default judgment is granted in favor of the tenant, she needs to file an additional accounting brief.
Court: USDC Maryland, Judge: Bredar, Filed On: April 15, 2024, Case #: 1:23cv342, NOS: Consumer Credit - Other Suits, Categories: Debt Collection, Landlord Tenant, Consumer Law
J. Bredar grants a law firm’s motion to dismiss its former employee’s religious discrimination claims arising from its denial of her religious exemption from the firm’s Covid-19 vaccination mandate. She claims religious discrimination, ADA violations and wrongful termination after refusing to accommodate a religious exemption, even though she agreed to practice all other means of preventative practices in the workplace. The employee fails to plausibly allege the firm’s behavior was discriminatory, but she may file an amended complaint within 21 days.
Court: USDC Maryland, Judge: Bredar, Filed On: March 18, 2024, Case #: 1:23cv2717, NOS: Employment - Civil Rights, Categories: Covid-19, Employment Discrimination, Employment Retaliation
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J. Bredar grants a former physician and his wife’s motion for leave to file a surreply and denies as moot the motion to strike a medical holdings company ripeness argument in this ERISA case. The physician retired after he was diagnosed with behavioral frontotemporal dementia and alleges the company has failed to provide the documentation of explanation of insurance benefits. The court concludes the company’s ripeness argument is meritless and could cause a hardship regarding the life insurance benefits. The claims for reformation, equitable estoppel and surcharge are dismissed, in part, in favor of the company. The physician can amend his claims for reformation and equitable estoppel.
Court: USDC Maryland, Judge: Bredar, Filed On: February 6, 2024, Case #: 1:23cv1243, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Erisa
J. Bredar grants, in part, the Social Security Administration’s motion for summary judgment in this employment dispute brought by a former employee. The employee, a Black man, alleges wage discrimination, race discrimination, retaliation, and failure to hire or promote, but failed to show circumstantial evidence that he performed work substantially similar to others, failed to establish his prima facie case and failed to plausibly allege a connection to adverse action. The court grants summary judgment on the wage, disparate treatment and retaliation claims. Social Security’s previous motion to dismiss is denied as moot, motion to strike and grant the employee motion for leave to file more discovery.
Court: USDC Maryland, Judge: Bredar, Filed On: January 30, 2024, Case #: 1:22cv3241, NOS: Employment - Civil Rights, Categories: Government, Employment Discrimination, Employment Retaliation
J. Bredar grants, in part, a financial service company’s motion for temporary restraining order and preliminary injunction prohibiting two of its former employees from sharing confidential information. The company has shown a likelihood of success on its claim that trade secrets were misappropriated when one of the employees downloaded confidential files and passed them onto the other former employee.
Court: USDC Maryland, Judge: Bredar, Filed On: January 5, 2024, Case #: 1:23cv3446, NOS: Other Contract - Contract, Categories: Trade Secrets, Interference With Contract
J. Breder denies as moot a former employee’s motion to enter physical exhibits and the employer’s motion to dismiss the complaint in this employment lawsuit. However, the employee did indicate the that he is “unable to function” due to the incident of being detained and arrested by the employer. The court will grant the employer’s motion to dismiss the amended complaint, giving the employee leave to amend his emotional distress and conspiracy claims only.
Court: USDC Maryland, Judge: Bredar, Filed On: November 30, 2023, Case #: 1:23cv1993, NOS: Employment - Civil Rights, Categories: Employment, Emotional Distress
J. Bredar denies a resident’s motion for leave to file a third amended complaint in a suit she brought against her neighbors, local police officers, their department and the local municipality on allegations of constitutional and state civil rights violations. The resident, a Black woman, had ongoing conflicts with her white neighbors, who intentionally provoked her with racist slurs and blaring music. Her third amended complaint is unnecessary and futile, as it only changed in requesting more damages. The police department is not entitled to qualified immunity on the woman’s class-of-one claim.
Court: USDC Maryland, Judge: Bredar, Filed On: October 27, 2023, Case #: 1:22cv1349, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Immunity, Police Misconduct
J. Bredar denies in part an IT and security contracting firm's motion to dismiss allegations of trade secret violations brought by an electrical contracting company. The company claims that nine of its former staff systematically left their positions to work for the firm in under a year, taking with them competitive pricing information. The firm argues that it cannot be blamed for trade secrets violations because the company it has not established that the information is economically valuable enough nor did the company safe guard it well enough. However, the company has shown the allegedly stolen information has had a negative impact on its profits and that its confidentiality measures for information sharing are practically airtight.
Court: USDC Maryland, Judge: Bredar, Filed On: September 21, 2023, Case #: 8:22cv2363, NOS: Defend Trade Secrets Act of 2016 (DTSA) - Property Rights, Categories: Trade Secrets, Contract
J. Bredar partially grants an Ocean City resident his motion to compel discovery in his lawsuit stemming from an incident in which two police officers arrested him for allegedly making "clicking" noises at a police horse to distract it. The resident requests discovery as to the history of all officers on the city police force as to incidents of race discrimination. However, this request will be limited to the past 10 years, the two officers in question, and any complaints alleging race discrimination that were sustained in court, to make the scope of the investigation appropriate to this suit.
Court: USDC Maryland, Judge: Bredar, Filed On: September 14, 2023, Case #: 1:23cv82, NOS: Other Civil Rights - Civil Rights, Categories: Discovery, Police Misconduct
J. Bredar denies summary judgment to a rail firm against a pipeline construction company, and to the company against Baltimore, after the company dumped sewage at the rail firm’s coal shipping site. Initially, the firm gave the city access to its site to allow it to update sewage lines that run underneath. The construction company, hired as a subcontractor, then dumped the sewage during its work at the site. As to the firm, there are still factual disputes regarding the extent of contamination and appropriateness as to remediation of the firm’s site, which routinely sprays loads of coal with water to suppress coal dust. The firm has not demonstrated an absence of genuine dispute of material fact. As for the company, it does owe the firm a duty of care separate from any of its obligations to the city.
Court: USDC Maryland, Judge: Bredar, Filed On: August 25, 2023, Case #: 1:19cv2976, NOS: Other Personal Property Damage - Torts - Personal Property, Categories: Property, Negligence, Contract
J. Bredar denies a health care management minority business enterprise its motions for an emergency restraining order and preliminary injunction against a care coordination provider. The provider contracted with the enterprise as part of a larger project with the state department of children’s health services. The provider refused to renew the subcontract with the enterprise due to alleged poor performance. The enterprise claims the provider is discriminating against it as a Black business. However, this motion is unlikely to succeed because the enterprise shows no actionable evidence of discrimination.
Court: USDC Maryland, Judge: Bredar, Filed On: August 10, 2023, Case #: 1:23cv1937, NOS: Other Civil Rights - Civil Rights, Categories: Employment Discrimination, Contract, Injunction
J. Bredar denies a health care provider its motion to exclude an expert’s testimony in an ERISA suit brought by a class of former employees. The ERISA plan has over 25,000 participants and total assets of almost $1.8 billion, and the class claims the provider has not monitored the plan properly. The expert based his opinion about the alleged financial losses on a reliable method which he correctly applied. The class is also granted leave to file a second amended complaint so it can include relevant information found upon discovery.
Court: USDC Maryland, Judge: Bredar, Filed On: August 10, 2023, Case #: 1:20cv1984, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Erisa, Fiduciary Duty, Class Action
J. Bredar denies in part a former project manager his motion for reconsideration of a previous opinion which denied claims of age discrimination against a county school board. The manager, who applied for various positions within the county school system, alleges the board consistently passed him over and hired younger candidates. He has not proven an obvious error of law justifying reconsideration. However, the manager can amend an amended complaint to add new allegations.
Court: USDC Maryland, Judge: Bredar, Filed On: July 13, 2023, Case #: 8:21cv2720, NOS: Employment - Civil Rights, Categories: Education, Employment, Employment Discrimination
J. Bredar grants a manufacturing firm summary judgment following allegations of employment discrimination brought by a machinist who is Black. While the machinist cites being disciplined despite having satisfactory job performance, he reportedly consistently took unauthorized smoke and phone breaks and threatened to “whoop [supervisor’s] ass” upon receiving a written conduct warning. The machinist has failed to state a claim showing discriminatory discipline unrelated to his poor conduct, and he then quit.
Court: USDC Maryland, Judge: Bredar, Filed On: June 6, 2023, Case #: 1:21cv1133, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination, Employment Retaliation
J. Bredar partially denies a lender its motion for default judgment against a group of companies whose owner defrauded eight commercial loans for over $9 million. The lender will be awarded part of its request of prejudgment interest. However, because it did not present specific dates of when it demanded payment in full after discovering the owner’s fraud, it cannot demand those payments immediately nor the entirety of its interest request.
Court: USDC Maryland, Judge: Bredar, Filed On: May 18, 2023, Case #: 1:22cv705, NOS: Other Contract - Contract, Categories: Fraud, Banking / Lending, Contract