58 results for 'judge:"Drozd"'.
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J. Drozd denies, in part, Ford’s motion to dismiss class warranty claims arising from a defect in certain EcoBoost engines. They have sufficiently pleaded certain express warranty and implied warranty claims, and claims under the Consumer Legal Remedies Act and California Unfair Competition Law, among others.
Court: USDC Eastern District of California, Judge: Drozd, Filed On: March 29, 2024, Case #: 2:20cv1796, NOS: Contract Product Liability - Contract, Categories: Consumer Law, Warranty, Class Action
J. Drozd refuses to compel arbitration or dismiss a worker’s putative class wage and hour claims against an equipment company. The worker did not directly sign the arbitration agreement or the handbook within which it was located, the arbitration clause was not prominently distinguished from the other 69 sections of the handbook, and the handbook said it was neither a contract nor a legal document.
Court: USDC Eastern District of California, Judge: Drozd, Filed On: March 20, 2024, Case #: 1:23cv979, NOS: Employment - Civil Rights, Categories: Arbitration, Contract, Labor
J. Drozd grants, in part, a bank’s motion to compel arbitration on a former worker’s wage and employment discrimination claims. The worker's minimum wage, meal break, wage statement, overtime and expense-related claims are covered by the parties' arbitration agreement.
Court: USDC Eastern District of California, Judge: Drozd, Filed On: March 1, 2024, Case #: 2:22cv2320, NOS: Other Labor Litigation - Labor, Categories: Arbitration, Labor
J. Drozd denies, in part, a county and sheriff deputies’ motion to dismiss claims arising from an inmate’s psychiatric episode, during which he allegedly pulled out his own eye. The claims arising from two officers' failure to summon medical care and for violation of the Bane Act are sufficiently pleaded.
Court: USDC Eastern District of California, Judge: Drozd, Filed On: February 28, 2024, Case #: 2:20cv2334, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Prisoners' Rights
J. Drozd denies, in part, Kaiser Permanente’s motion to dismiss an individual’s False Claims Act case. The individual has sufficiently alleged claims related to tampering with compliance software, and for retaliation.
Court: USDC Eastern District of California, Judge: Drozd, Filed On: February 13, 2024, Case #: 2:19cv559, NOS: False Claims Act - Torts - Personal Injury, Categories: False Claims, Employment Retaliation
J. Drozd denies, in part, FedEx’s motion to dismiss a fleet van dealer’s odometer fraud and other claims related to FedEx’s alleged sale of almost 100 vans with double or triple the advertised mileage. The dealer has sufficiently alleged its claims for odometer fraud, intentional misrepresentation, negligent misrepresentation, breach of implied warranty of merchantability and others.
Court: USDC Eastern District of California, Judge: Drozd, Filed On: January 18, 2024, Case #: 2:17cv1732, NOS: Other Contract - Contract, Categories: Fraud, Vehicle, Warranty
J. Drozd denies, in part, Toyota’s motion to dismiss a putative class action pertaining to allegedly defective sunroofs in 2021 RAV4 vehicles. The consumer has adequately pleaded their warranty and unjust enrichment claims.
Court: USDC Eastern District of California, Judge: Drozd, Filed On: January 8, 2024, Case #: 2:23cv1464, NOS: Motor Vehicle Product Liability - Torts - Personal Injury, Categories: Vehicle, Warranty, Class Action