21 results for 'judge:"Daniel"'.
J. Daniel denies a pro se litigant’s motion for sanctions against the Aurora police he says arrested him without probable cause, and who now have violated their discovery obligations. The court also denies the litigant’s motion for summary judgment on all his claims against the police, and mostly grants the police’s motion for judgment on the same claims. Of eight claims brought against multiple police and the city of Aurora itself, the court will allow only a single failure to intervene claim against one officer, and two indemnification and failure to train claims against the city, to move forward.
Court: USDC Northern District of Illinois, Judge: Daniel, Filed On: April 11, 2024, Case #: 1:21cv4606, NOS: Other Civil Rights - Civil Rights, Categories: Sanctions, Indemnification, Police Misconduct
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J. Daniel partially grants Loyola University’s motion to dismiss a Title IX suit brought by a group of students who say the university mishandled and underreported their claims of sexual harassment on campus. The students’ complaint also accuses the university of failing to prevent sexual assault by repeat offenders and publishing false campus sexual assault statistics, and brings claims for fraud, premises liability, contract breach, negligence, emotional distress and violations of the Illinois Preventing Sexual Violence in Higher Education Act. The court dismisses all of these counts as well as a Jane Doe’s Title IX claims, citing, among other arguments, a lack of evidence and failure to state a claim. The remaining plaintiffs’ Title IX claims survive.
Court: USDC Northern District of Illinois, Judge: Daniel, Filed On: March 18, 2024, Case #: 1:22cv6476, NOS: Education - Civil Rights, Categories: Civil Rights, Education, Emotional Distress
J. Daniel partially denies Veterans Affairs’ motion for summary judgment, and denies the suing VA pharmacy technician’s motion for summary judgment on the plaintiff’s disability discrimination and retaliation claims. The pharmacy technician suffered an extensive nerve injury while on the job that left her with only limited use of her arms, hands and neck; she says the VA failed to accommodate her disability afterwards. She also claims to have faced disparaging remarks at work that created a hostile environment, and that the VA retaliated against her after she filed a separate equal employment opportunity charge when she was passed over for promotion. The court allows the technician’s retaliation and failure to accommodate claims stand without granting her judgment, and grants the VA judgment on her interference and discrimination claims.
Court: USDC Northern District of Illinois, Judge: Daniel, Filed On: March 11, 2024, Case #: 1:21cv6216, NOS: Civil Rights - Habeas Corpus, Categories: Ada / Rehabilitation Act, Employment Discrimination, Employment Retaliation
J. Daniel partially grants Walmart’s motion to dismiss a trio of consumers’ fraud class action, brought over the overstated thread count of Walmart’s “Hotel Style” bed sheets. The court finds the consumers have sufficiently alleged fraud under Illinois law, as well as unjust enrichment, common law fraud, breach of warranty and negligent misrepresentation, on the basis that the sheets have less than half the 800-thread count advertised on their packaging. But the court also finds the consumers lack standing for injunctive relief as they have no plans to purchase the same sheets in the future, so they will not be falsely advertised to again. The court also dismisses the plaintiffs’ claims under California law, citing lack of jurisdiction.
Court: USDC Northern District of Illinois, Judge: Daniel, Filed On: March 11, 2024, Case #: 1:23cv5315, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, Consumer Law, Class Action
J. Daniel grants a metal packaging company’s motion for judgment on its contract pleadings against a brewery. The court also partially grants the packaging company’s motion to dismiss the brewery’s counterclaims and fully grants its motion to strike the brewery’s affirmative defenses. This case stems from a contract between the parties wherein the brewery agreed to purchase beer cans from the packaging company, and the packaging company subsequently claimed the brewery did not meet its purchasing agreement under that contract. The brewery countersued, but the court found it hadn’t sufficiently alleged its breach of warranty or negligent misrepresentation counterclaims. The brewery’s counterclaims for breach of good faith dealing still stand.
Court: USDC Northern District of Illinois, Judge: Daniel, Filed On: February 26, 2024, Case #: 122cv7367, NOS: Other Contract - Contract, Categories: Business Practices, Warranty, Contract
J. Daniel partially grants a nonprofit health care services organization’s motion to dismiss negligence, breach of contract and fraud claims brought by two of the nonprofit’s former patients. The patients brought the claims in response to a 2022 data breach of the nonprofit’s patient database that exposed their personal info to unknown individuals. Of all the claims, the court finds that only the patients’ negligence claim is sufficiently alleged to survive dismissal.
Court: USDC Northern District of Illinois, Judge: Daniel, Filed On: January 17, 2024, Case #: 1:23cv1108, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Health Care, Negligence, Privacy
J. Daniel alternately grants and denies multiple dismissal motions from multiple defendants in this sprawling racketeering, trade secret and contract case brought against them by Walgreens. The pharmacy chain accuses the defendants — store landlords, former employees and real estate investors — of conspiring to buy and sell Walgreens-leased properties while denying it its right of first refusal in real estate transactions involving Walgreens locations. The court agrees it lacks jurisdiction over several of the named investors and dismisses the claims against them, while denying the motion to dismiss from the main real estate firms involved in the suit. Against these defendants, the court finds Walgreens has sufficiently alleged the firms conspired to box its right of first refusal out of real estate transactions. The court issues a more complex order against a single investor, finding insufficient support for Walgreens RICO claims against him but allowing its Defend Trade Secrets Act violation claim to mover forward.
Court: USDC Northern District of Illinois, Judge: Daniel, Filed On: January 4, 2024, Case #: 1:21cv2522, NOS: Other Statutory Actions - Other Suits, Categories: Real Estate, Trade Secrets, Racketeering
J. Daniel grants an Illinois hospital’s motion to dismiss conspiracy, constitutional violation and indemnification claims brought by a Chicago resident, but denies Chicago and several of its police officers’ motions to do the same. The resident claims that, without a warrant, Chicago police invaded his home, pointed assault weapons at him, handcuffed him and forced him into the custody of a local hospital. The court finds the resident has sufficiently stated his claims against the city and police, but not against the hospital.
Court: USDC Northern District of Illinois, Judge: Daniel, Filed On: November 28, 2023, Case #: 1:22cv7080, NOS: Insurance - Contract, Categories: Constitution, Indemnification, Police Misconduct
J. Daniel denies a group of medical care providers’ motions to dismiss allegations that they submitted false claims to private insurance companies and government payors. The federal and Illinois governments claim the providers gave people seeking Covid-19 testing in 2020 a superfluous round of testing for unrelated illnesses, passed the costs on to insurers, and then raked in as much as $3.6 million of inflated reimbursements. The court finds the government has sufficiently alleged these allegations for fraud and false claims.
Court: USDC Northern District of Illinois, Judge: Daniel, Filed On: November 27, 2023, Case #: 1:21cv2544, NOS: Other Statutory Actions - Other Suits, Categories: Fraud, Health Care, Insurance
J. Daniel partial grants a candy company’s motion to dismiss a former gay, Black office employee’s hostile work environment and failure to hire claims. The former employee claims he was forced to use his personal phone for work without reimbursement, while non-Black employees were reimbursed, was passed over for promotion, and was also targeted for harassment by his coworkers on the basis of his race and sexual orientation. The court finds the former employee has not sufficiently pleaded his failure to hire claim, but allows the hostile work environment claim to mover forward.
Court: USDC Northern District of Illinois, Judge: Daniel, Filed On: October 5, 2023, Case #: 1:22cv4875, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Employment Discrimination, Employment Retaliation
J. Daniel grants the American Board of Psychiatry and Neurology’s motion to dismiss an antitrust class action brought by a class of psychiatrists and neurologists. The class claims the board has illegal monopoly control over issuing certification for practicing psychiatrists and neurologists, via a specific certification program that practitioners must pay for. However, the court finds that the class has failed to sufficiently show how this program is distinct from other “continuing educational products” which are offered by other providers.
Court: USDC Northern District of Illinois, Judge: Daniel, Filed On: October 4, 2023, Case #: 1:19cv1614, NOS: Antitrust - Other Suits, Categories: Antitrust, Health Care, Class Action
J. Daniel partially grants multiple Chicago school board employees’ motion to dismiss a Black parent’s civil rights suit. The parent claims her child was a victim of bullying at a Chicago public elementary school, and that school staff made the situation worse after he fought back against his bully by screaming at the boy and forcing him outside the school on a day when the temperature hovered near freezing. The court dismisses the school counselor as a defendant, and also dismisses the parent’s 14th Amendment and state law assault claims against the school principal and security officer. The rest of the suit stands.
Court: USDC Northern District of Illinois, Judge: Daniel, Filed On: October 2, 2023, Case #: 1:19cv6477, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Education, Emotional Distress
J. Daniel partially grants the Chicago Department of Animal Care and Control’s motion to dismiss employment discrimination and retaliation claims brought by one of its former employees. The former employee was sexually assaulted by one of her coworkers on the job, but said her supervisor was dismissive of her claims and convinced many other workers in the department to turn against her. She eventually quit but not before the Illinois Equal Employment Opportunity Commission issued her a right to sue the department on multiple First Amendment, discrimination, whistleblower and retaliation claims. The court dismisses her State Officials and Employees Ethics Act claim in its entirety and part of her First Amendment claim as it relates to a specific HR complaint she made. Her other claims can proceed.
Court: USDC Northern District of Illinois, Judge: Daniel, Filed On: August 31, 2023, Case #: 1:21cv6777, NOS: Employment - Civil Rights, Categories: Employment Discrimination, Assault, Employment Retaliation