10 results for 'judge:"Browning"'.
J. Browning denies the former securities firm owner's motion to vacate the arbitration award, ruling that because he and the buyers of the firm were all Financial Industry Regulatory Authority-associated individuals, he agreed to arbitrate any dispute in front of a FINRA arbitrator when he sold the firm. However, the employee's decision to arbitrate with the buyer in a non-FINRA forum supersedes her previous agreement and prevented any award against her; therefore, the FINRA arbitration award is vacated in respect to the employee.
Court: USDC New Mexico, Judge: Browning, Filed On: April 9, 2024, Case #: 1:22cv596, NOS: Arbitration - Other Suits, Categories: Arbitration, Securities
J. Browning finds in favor of the city in an employment discrimination lawsuit brought by a former employee who asserts claims for discrimination on the basis of race and a violation of her rights under the Americans with Disabilities Act. The city did not discriminate or retaliate against the Black employee, as it provided a legitimate basis for her termination, specifically that she "ignored the express instructions of her supervisor" and "refused to cooperate with the HR Department."
Court: USDC Northern District of Oklahoma , Judge: Browning, Filed On: March 8, 2024, Case #: 4:21cv61, NOS: Employment - Civil Rights, Categories: Ada / Rehabilitation Act, Employment Discrimination, Employment Retaliation
J. Browning denies, in part, the insurer's motion to dismiss, ruling the New Mexico Supreme Court's decision in a prior case likely applies retroactively to illusory uninsured motorist benefits like the ones in policies held by the class members. Therefore, the class states valid claims for misrepresentation and breach of the covenant of good faith and fair dealing.
Court: USDC New Mexico, Judge: Browning, Filed On: November 15, 2023, Case #: 1:18cv399, NOS: Insurance - Contract, Categories: Insurance, Class Action, Contract
J. Browning denies the warden's motion for summary judgment based on qualified immunity, ruling the female inmate's allegations regarding being sexually assaulted on multiple occasions by a prison guard who was later promoted by the warden, despite knowledge of the assaults and the prison's zero tolerance policy on sexual assault, create a plausible Eighth Amendment claim. The warden's failure to reassign the guard or take any other investigatory measures after the inmate reported the assaults creates an issue of fact as to whether his actions proximately caused her injury.
Court: USDC New Mexico, Judge: Browning, Filed On: October 6, 2023, Case #: 1:19cv751, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Evidence, Immunity
J. Browning denies the motion for class certification, ruling that because the proposed class would be determined by subjective criteria, including the state of mind of customers of who saw Kroger's ads for beef from America, it does not meet ascertainability requirements.
Court: USDC New Mexico, Judge: Browning, Filed On: September 29, 2023, Case #: 1:20cv1040, NOS: Other Personal Property Damage - Torts - Personal Property, Categories: Fraud, Consumer Law, Class Action
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J. Browning denies, in part, the class's motions for certification, ruling the nationwide menthol subclass of individuals who purchased menthol American Spirit cigarettes is not fit for certification because its members cannot be determined without individualized litigation practices and by seeking out information from individual retailers, which is not feasible. Additionally, the Florida subclass does not meet predominance requirements because its unjust enrichment claims are based on why consumers made certain purchases, not the uniform marketing conduct of the cigarette manufacturers.
Court: USDC New Mexico, Judge: Browning, Filed On: September 19, 2023, Case #: 1:18cv789, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, Product Liability, Class Action
J. Browning grants Warner Bros.' motion for partial summary judgment, ruling the signature of supernatural investigator Lorraine Warren on a trademark assignment sheet, which may have been forged, is immaterial. She had already sold the rights to "Seekers of the Supernatural" and other marks to New Line several years before, which gave them total ownership over all name and image rights. Meanwhile, the undisputed evidence in the record indicates numerous customers were confused about the source of books and videos depicting the paranormal investigators and sold by the individual defendant, which is sufficient to prove trademark infringement and unfair competition.
Court: USDC New Mexico, Judge: Browning, Filed On: September 5, 2023, Case #: 1:20cv62, NOS: Trademark - Property Rights, Categories: Evidence, Fraud, Trademark
J. Browning denies the Native American tribe's motion for summary judgment and dismisses its declaratory relief action, ruling that while the Indian Gaming Regulatory Act does not allow tribes to shift jurisdiction from tribal to state courts in personal injury actions, the Younger abstention doctrine prevents this court from precluding the state court judge from hearing the underlying case. If this court granted the tribe's request for relief, it would interfere with state court proceedings where no final judgment has been entered and also prevent state courts from weighing in on whether it is proper to hear casino personal injury suits outside of the tribal court system.
Court: USDC New Mexico, Judge: Browning, Filed On: August 31, 2023, Case #: 1:20cv166, NOS: Other Statutory Actions - Other Suits, Categories: Civil Procedure, Native Americans, Jurisdiction
J. Browning grants the University of New Mexico’s dean of students’ motion for judgment on the pleadings in this case in which a student basketball player accused of battery was banned from campus while classes were not in session, finding the player has not sufficiently alleged a due process interest.
Court: USDC New Mexico, Judge: Browning , Filed On: June 28, 2023, Case #: 1:20cv3, NOS: Other Civil Rights - Civil Rights, Categories: Due Process