41 results for 'judge:"Cooper"'.
J. Cooper partially grants the television network's motion to dismiss its former Capitol Hill producer's suit alleging that he was fired for opposing false reporting of voter fraud and inaccurate coverage of the January 6, 2021 riot at the U.S. Capitol. The producer has not plausibly alleged that he was discriminated against because of his political affiliation, since a D.C. law barring such discrimination narrowly defines "political affiliation" as membership in or endorsement of a political party. He also has not alleged that he was terminated as a reprisal for political activity, nor cited an established policy that the network violated by firing him. While he purports that the network's stated reason for firing him, failing to show up to work when he called in sick, was pretextual, he has plausibly stated a claim of retaliation under the Sick Leave Act because of that stated reason for termination.
Court: USDC District of Columbia, Judge: Cooper, Filed On: April 24, 2024, Case #: 1:23cv3401, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination, Employment Retaliation
J. Cooper grants the employer's motion for partial summary judgment and denies the employee's motion for summary judgment in a suit alleging that the employee reneged on an obligation to return a bonus when she left her role as the employer's subsidiary's president. The pay schedule provisions of the employee's bonus contract is enforceable, and the employee breached them by failing to return an accelerated payment. The doctrine of unclean hands also does not apply in this case. The employer's request for fees incurred in summary judgment briefing as a sanction for the employee's litigation conduct is denied.
Court: USDC District of Columbia, Judge: Cooper, Filed On: April 23, 2024, Case #: 1:22cv2574, NOS: Insurance - Contract, Categories: Employment, Choice Of Law, Contract
J. Cooper denies the travel company's motion to dismiss the photographer's suit alleging that it copied and shared her videos and photographs from her Instagram account without her permission, and grants the photographer's motion for leave to file a third amended complaint. The photographer's proposed third amended complaint cures the pleading defects the travel company points out in its motion to dismiss, namely a lack of specificity in the dates of alleged infringement, and, accepting as true her claimed dates of discovery of the infringement, her claims are not time-barred. Instagram's policies also did not unambiguously grant the travel company the right to share the photographer's copyrighted works.
Court: USDC District of Columbia, Judge: Cooper, Filed On: April 9, 2024, Case #: 1:23cv1528, NOS: Copyrights - Property Rights, Categories: Civil Procedure, Copyright
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J. Cooper partially grants the German state-owned entity's motion to dismiss the German-American's suit alleging that it improperly expropriated her family's former estate, which had been seized by the Soviet Union in the wake of World War II, following the reunification of East and West Germany. The 1945 taking was not a domestic taking, and therefore this court can exercise subject matter jurisdiction over it, but the later takings did not violate international law. Germany also did not waive its sovereign immunity in this matter in a 1954 treaty. The record is not clear as to whether the German entity ever had a physical presence in the U.S., in part because of its litigation tactics, and should remaining jurisdictional questions come down to that question, the court will allow the German-American to serve interrogatories on that question.
Court: USDC District of Columbia, Judge: Cooper, Filed On: March 28, 2024, Case #: 1:14cv2140, NOS: Other Statutory Actions - Other Suits, Categories: International Law, Jurisdiction
J. Cooper denies, in part, the Bureau of Land Management's motion for summary judgment on several conservation groups' challenge to the sale of 120,000 acres in Wyoming for drilling. The agency erroneously assessed the sale's impact on groundwater and wildlife, and did not explain how its analysis of greenhouse gas emission affected its decision.
Court: USDC District of Columbia, Judge: Cooper, Filed On: March 22, 2024, Case #: 1:22cv1871, NOS: Environmental Matters - Other Suits, Categories: Energy, Environment, Property
J. Cooper denies, in part, the Federal Energy Regulatory Commission's motion for summary judgment on a nonprofit's Freedom of Information Act case seeking text messages from three agency workers. Although the agency properly applied deliberative process privilege to certain messages, it failed to show foreseeable harm in their disclosure; thus, the agency will be given a second chance to justify the withholdings.
Court: USDC District of Columbia, Judge: Cooper, Filed On: March 13, 2024, Case #: 1:22cv3414, NOS: Freedom of Information Act (FOIA) - Other Suits, Categories: Energy, Public Record
J. Cooper denies, in part, the Secretary of the Department of Homeland Security's motion for summary judgment on a black, Muslim former equal rights advisor's employment discrimination action. There are questions of fact regarding his claims for retaliation and racial discrimination.
Court: USDC District of Columbia, Judge: Cooper, Filed On: March 8, 2024, Case #: 1:21cv780, NOS: Employment - Civil Rights, Categories: Employment Discrimination, Employment Retaliation
J. Cooper confirms an arbitration award in favor of a postal police officer's union concerning the USPS's issuance of a directive, which said postal police officers were not supposed to exercise their powers off grounds, that violated the parties' collective bargaining agreement. Upon remand, the arbitrator must "hash out the parties' differences" concerning USPS's compliance with the arbitrator's prior ruling.
Court: USDC District of Columbia, Judge: Cooper, Filed On: February 28, 2024, Case #: 1:23cv675, NOS: Other Labor Litigation - Labor, Categories: Arbitration, Employment, Labor / Unions
J. Cooper transfers a black female worker's employment discrimination case against the Department of Education to the Northern District of Georgia. The worker should have filed in that district, as it is her home forum, it is the department's preferred forum and most of the events underlying her case occurred there.
Court: USDC District of Columbia, Judge: Cooper, Filed On: December 7, 2023, Case #: 1:22cv3316, NOS: Employment - Civil Rights, Categories: Venue, Employment Discrimination, Employment Retaliation
J. Cooper grants the Navy's motion for a voluntary remand of two reservists' case, in which they claim the Navy fails to consider whether their conditions were incurred or aggravated while serving in Afghanistan because they were separated while they were non-active reservists. A voluntary remand will allow the reservists to receive their benefits sooner and provide the Navy an opportunity to show it has remedied the issues with its disability evaluation system.
Court: USDC District of Columbia, Judge: Cooper, Filed On: October 1, 2023, Case #: 1:22cv667, NOS: Other Statutory Actions - Other Suits, Categories: Civil Procedure, Military
J. Cooper denies, in part, the FEC's motion to dismiss two groups' challenging the dismissal of their claims regarding Jeb Bush and a super PAC's coordinated efforts during his presidential campaign in 2016. Contrary to the agency's argument, a previous rejection of the groups' organizational injury does not defeat their current organizational injury claim.
Court: USDC District of Columbia, Judge: Cooper, Filed On: September 26, 2023, Case #: 1:22cv3319, NOS: Other Statutory Actions - Other Suits, Categories: Administrative Law, Civil Procedure, Elections
J. Cooper refuses to dismiss a nonprofit watchdog's petition for review of the Federal Election Commission's dismissal of its case against American Action Network, which the nonprofit claims is an unregistered political committee. The nonprofit has standing to sue and the action is timely, but the case must be stayed during the pendency of its related appeal before the D.C. Circuit of the district court's dismissal of its citizen suit against AAN.
Court: USDC District of Columbia, Judge: Cooper, Filed On: September 20, 2023, Case #: 1:22cv3281, NOS: Other Statutory Actions - Other Suits, Categories: Civil Procedure, Elections