32 results for 'judge:"Coulson"'.
J. Coulson denies a former police officer’s estate’s motion for summary judgment seeking a ruling in their favor without a trial in this lawsuit brought by a retired police officer alleging violations of the United States Constitution, the Maryland Declaration of Rights, and Maryland common law. The retired officer alleges he was battered, falsely arrested with excessive and unreasonable force, and maliciously prosecuted by the decedent and fellow officers. The decedent alleged that the retired officer did in fact resist arrest and any reasonable jury could find it was excessive force during handcuffing. Therefore, the decedent is not entitled to qualified immunity, there are genuine disputes of material fact and adequate discovery needs to be developed. The estate may file another motion for summary judgment after the discovery is available.
Court: USDC Maryland, Judge: Coulson, Filed On: May 3, 2024, Case #: 1:23cv2379, NOS: Other Civil Rights - Civil Rights, Categories: Constitution, Municipal Law, Police Misconduct
J. Coulson grants, in part, Tractor Supply’s motion for summary judgment in this personal injury suit brought by a married couple. The husband who was employed by a third-party logistics company as a freight handler was injured when a third-party staffing company employee ran into him with a pallet jack. The couple claims vicarious negligence, negligent entrustment, negligent hiring, retention, and supervision and loss of consortium. Tractor Supply argues they did not employ either of the third-party employees, but a reasonable jury could find that the staffing company employee was in fact employed by being on the premises. The couples’ negligence claims are dismissed for lack of a genuine dispute. The parties shall confer and inform the court if they will or will not participate in a settlement conference regarding Tractor Supply’s third-party complaint against the staffing company employee for discovery.
Court: USDC Maryland, Judge: Coulson, Filed On: March 15, 2024, Case #: 1:23cv1078, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Tort, Negligence, Discovery
J. Coulson recommends granting in part a home medical company’s motion for default judgment in this counterclaim contract dispute brought by a supply company. The counterclaim for breach of contract should be granted for liability against the supply company. However, the claims for negligent or intentional misrepresentation and promissory estoppel should be denied. It is also recommended that the medical company be awarded over $2.7 million in damages for the actual profits for the sale of medical gowns.
Court: USDC Maryland, Judge: Coulson, Filed On: March 15, 2024, Case #: 1:20cv2479, NOS: Other Contract - Contract, Categories: Damages, Contract
J. Coulson denies cross motions for summary judgement in this employment dispute between a former employee and Ikea. The former employee claims she was wrongfully terminated after filing a complaint with the EEOC for retaliation. There is a genuine dispute of material facts that exists regarding the employee’s ability to show she was unlawfully retaliated against.
Court: USDC Maryland, Judge: Coulson, Filed On: February 14, 2024, Case #: 1:22cv1377, NOS: Employment - Civil Rights, Categories: Employment Retaliation
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J. Coulson grants the transportation department’s unopposed motion for summary judgment in this Americans with Disabilities Act lawsuit brought by a potential employee alleging he was not hired for a position due to his race, sex, age and disability. The potential employee fails to sufficiently establish that he was qualified for the position or that his claims for discrimination and retaliation were an adverse action. The potential employee also failed to answer the motion in the timely manner.
Court: USDC Maryland, Judge: Coulson, Filed On: December 20, 2023, Case #: 1:23cv983, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Ada / Rehabilitation Act, Employment
J. Coulson grants the clerk of court’s motion to dismiss in this disability discrimination and retaliation suit brought by a former courtroom clerk. The employee states the employer knew he was diagnosed with PTSD and other health conditions before being hired, and knew he needed accommodations, but the employee fails to plausibly allege a connection to an adverse employment action. The court denies the employee’s motion for leave to file an amended complaint.
Court: USDC Maryland, Judge: Coulson, Filed On: December 14, 2023, Case #: 1:23cv1869, NOS: Employment - Civil Rights, Categories: Ada / Rehabilitation Act, Employment Discrimination, Employment Retaliation
J. Coulson finds a lower court properly dismissed a university's contract claims against an insurance company. The university argued that the insurance company was obligated to provide coverage after it executed a controlled detonation of a buried bomb that was planted in the ground 79 years ago. However, the insurance company sufficiently showed in court that it was not obligated to provide coverage for damages as a result of "occasioned by war." Affirmed.
Court: Her Majesty's Court of Appeal, Judge: Coulson, Filed On: December 14, 2023, Case #: CA-2023-949, Categories: Insurance, Damages, Contract
J. Coulson denies motion to compel production of documents in this reimbursement insurance dispute from carbon monoxide poisoning between two commercial insurers, Twin City Fire Insurance and Axis Insurance. Axis alleges that Twin City and its non-party customer have withheld some documents in response to discovery. The court finds Axis requests for documents are potentially relevant but cannot determine that they have demonstrated a substantial need and finds that the common-interest doctrine applies because Twin City and its non-party customer shared the same interest of obtaining reimbursement of damages.
Court: USDC Maryland, Judge: Coulson, Filed On: December 11, 2023, Case #: 1:22cv769, NOS: Insurance - Contract, Categories: Insurance, Discovery, Privilege
J. Coulson grants, in part, a title insurance company’s motion to strike and motion to dismiss this is contract and duty of good faith claims brought by a mortgage lender who purchased a lender’s policy. The mortgage lender is not permitted to recover in the second lawsuit. Therefore, this case shall be dismissed.
Court: USDC Maryland, Judge: Coulson, Filed On: December 5, 2023, Case #: 1:23cv1416, NOS: Insurance - Contract, Categories: Insurance, Contract
J. Coulson finds a lower court properly dismissed an airfield owner's failure to acknowledge two enforcement notices. The airfield owner argued that he was not obligated to cease storing and burning waste materials on his land. However, the local council provided sufficient evidence in court that the airfield owner failed to comply with the requirements of planning permission to reinstate the property back to a grassland area. Affirmed.
Court: Her Majesty's Court of Appeal, Judge: Coulson, Filed On: November 22, 2023, Case #: CA-2023-1971, Categories: Agriculture, Government, Property
J. Couldon grants the Maryland’s attorney general motion to dismiss in the suit they face from a resident challenging the constitutionality of state laws that criminalize harassment via phone and electronic mail. The resident failed to explain the legal basis asserting the circumstances that the violations would be unconstitutional and lacks a plainly legitimate sweep. Therefore, this case is directed to be closed.
Court: USDC Maryland, Judge: Coulson, Filed On: November 20, 2023, Case #: 1:23cv1376, NOS: Other Civil Rights - Civil Rights, Categories: Constitution, Tort
J. Coulson grants a pharmaceutical company’s leave to file a sur-rebuttal expert report in this antitrust dispute between a health association and a class of third-party payors who say the company schemed to raise prices for its pulmonary hypertension drug Tracleer. The health association and class’s cross-motion to strike the report is denied. The parties have 14 days to confer and propose submit a jointly proposed scheduling order.
Court: USDC Maryland, Judge: Coulson, Filed On: October 27, 2023, Case #: 1:18cv3560, NOS: Antitrust - Other Suits, Categories: Antitrust, Discovery, Class Action
J. Coulson grants the Baltimore Police Department’s motion for dismissal of claims of race discrimination, hostile work environment and retaliation amended complaint brought by a lieutenant in the department’s internal affairs section. The lieutenant alleges in forced demotions and a delay in transfer to a different department, which no supervisors would discuss with him. However, all of his claims were time-barred as none of them happened within the 300 days leading up to his EEOC filing. The amended complaint is dismissed with prejudice and without leave to amend.
Court: USDC Maryland, Judge: Coulson, Filed On: September 29, 2023, Case #: 1:22cv3220, NOS: Employment - Civil Rights, Categories: Employment Discrimination, Employment Retaliation
J. Coulson grants in part a tractor trailer leaser's motion for summary judgment following allegations that it owes a towing and storage company money for the recovery and warehousing of 40,000 pounds of vinyl resin following a crash. The company is holding the resin until it receives payment for the recovery and ongoing storage costs based on a state law that defines its demand as a "garagemen's lien." However, the law excludes tractor trailers in its definition of "motor vehicle," preventing the company from applying the law.
Court: USDC Maryland, Judge: Coulson, Filed On: September 26, 2023, Case #: 1:22cv2409, NOS: Other Personal Property Damage - Torts - Personal Property, Categories: Vehicle, Damages, Contract
J. Coulson grants a third-party vinyl resin producer's motion to dismiss claims in a suit concerning a shipment of 40,000 pounds of product after the tractor trailer hauling the product crashed. The producer, the owner or leaser of the tractor and the trucking company that recovered the product are all involved in this suit. The company claims the producer owes it payment for the recovery services rendered and breached the implied contract created by said services. However, as the producer is not located in Maryland, it cannot be subject to personal jurisdiction and the complaint must be dismissed.
Court: USDC Maryland, Judge: Coulson, Filed On: September 14, 2023, Case #: 1:22cv2409, NOS: Other Personal Property Damage - Torts - Personal Property, Categories: Jurisdiction, Contract
J. Coulson grants Wells Fargo's motion to partially dismiss a Black branch manager's allegations of race discrimination after it failed to promote him, then fired him. The manager was reportedly absent from his branch multiple times without warning and allegedly pushed one of his staff members, which the bank cites as reasons for his termination. The manager has failed to provide evidence that would lead to the reasonable inference that he was fired due to his race.
Court: USDC Maryland, Judge: Coulson, Filed On: September 11, 2023, Case #: 1:22cv2731, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination, Employment Retaliation
J. Coulson grants a technology services provider its motions for discovery sanctions and partial summary judgment in its breach of contract suit against a similar firm. When the provider acquired the firm's contract with two IT communications companies, the firm did not follow up with the provider after the purchase. Presently, the firm has failed to respond to the motions, and therefore, they are granted as they are unopposed.
Court: USDC Maryland, Judge: Coulson, Filed On: September 1, 2023, Case #: 1:21cv673, NOS: Other Contract - Contract, Categories: Enforcement Of Judgments, Discovery, Contract
J. Coulson grants a homebuyer partial summary judgment for breach of contract after her friends, who are a couple and real estate agents, failed to complete the sale of a $275,000 rental property to her as agreed. The friends promised that in exchange for the homebuyer’s investment of $200,000, they would purchase it themselves and market and lease it on her behalf, then sell it back to her. She agreed and they bought it from the current owners, but when it came time for her to pay them the difference of $75,000 and take over ownership, they did not respond. They have not reimbursed her nor responded to any communications.
Court: USDC Maryland, Judge: Coulson, Filed On: July 28, 2023, Case #: 1:22cv2152, NOS: Other Contract - Contract, Categories: Property, Contract
J. Coulson grants a trucking and logistics firm its motion for summary judgment against race discrimination allegations brought by a former operations manager, but only to the extent that it seeks arbitration. The manager, a Black man, applied for a promotion, but a white man who worked under the manager got the promotion. Several months later, the firm fired the manager, citing the position had been eliminated. However, the manager signed and agreement with the firm that mandates arbitration to settle disputes.
Court: USDC Maryland, Judge: Coulson, Filed On: July 19, 2023, Case #: 1:23cv703, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination, Employment Retaliation
J. Coulson recommends the court to deny an IT firm’s motion to dismiss allegations of ADA violations and retaliation by a former employee. The firm argues that because it warned the employee three times to respond to discovery requests and there has not been an answer that allegations should automatically be dismissed. However, this is untrue, especially when the opposing party is pro se, as he is in this case.
Court: USDC Maryland, Judge: Coulson, Filed On: June 9, 2023, Case #: 1:22cv1477, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Ada / Rehabilitation Act, Employment, Discovery
J. Coulson partially denies a pharmaceutical contract service provider its motion for protective order to limit a vaccine manufacturer’s second amended notice in a trade secrets suit. Litigation began when an employee allegedly shared trade secrets from the provider when the manufacturer hired her. Since then, the manufacturer has succeeded in having the initial suit against it dismissed for the provider’s failure to state a claim. As part of discovery, the manufacturer has made a litany of requests, most of which are legitimate and will proceed in its second amended notice.
Court: USDC Maryland, Judge: Coulson, Filed On: June 7, 2023, Case #: 1:21cv1959, NOS: Defend Trade Secrets Act of 2016 (DTSA) - Property Rights, Categories: Trade Secrets, Discovery
J. Coulson grants the Baltimore Police Department’s motion for dismissal of claims of race discrimination, hostile work environment and retaliation brought by a lieutenant in the department’s internal affairs section. The lieutenant alleges forced demotions and a delay in transfer to a different department, which no supervisors would discuss with him. However, all of his claims were time-barred as none of them happened within the 300 days leading up to his EEOC filing.
Court: USDC Maryland, Judge: Coulson, Filed On: June 6, 2023, Case #: 1:22cv3220, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination, Employment Retaliation