14 results for 'judge:"Griesbach"'.
J. Griesbach grants summary judgment to the city in the former employee's lawsuit claiming he was essentially forced to retire because he called in sick to a training session he did not want to attend due to various anxieties about contracting Covid-19 and wearing a mask to prevent that from happening. The employee's claims under the Family and Medical Leave Act and Families First Coronavirus Response Act both fail, in part because he has not provided any evidence that he had either chronic migraines or anxiety that qualified as serious health conditions for which he could take medical leave, and he has not shown he was retaliated against for a statutorily protected activity.
Court: USDC Eastern District of Wisconsin, Judge: Griesbach, Filed On: April 9, 2024, Case #: 1:22cv1000, NOS: Family and Medical Leave Act - Labor, Categories: Employment, Covid-19, Employment Retaliation
J. Griesbach grants one motion to dismiss and denies another in the Wisconsin-based firm's lawsuit against the Florida-based financial services company, the Nevada-based corporation and others alleging a conspiracy to get the firm to make a $1 million loan to the corporation using fraudulent carbon credits as leverage to secure the loan. It has not been established that the Florida-based company has sufficient contact with Wisconsin to establish personal jurisdiction, so it and its representatives are dismissed. Jurisdiction will be exercised over a Michigan-based consulting services company, and the sufficiently pleaded claims against it and its representatives will proceed.
Court: USDC Eastern District of Wisconsin, Judge: Griesbach, Filed On: March 15, 2024, Case #: 2:23cv717, NOS: Racketeer Influenced and Corrupt Organizations (RICO) - Other Suits, Categories: Fraud, Jurisdiction, Racketeering
J. Griesbach grants the motion to dismiss from the members of the state elections commission in a lawsuit from an "election integrity" group claiming the members unlawfully dismissed the group's two administrative complaints claiming violations of the Help America Vote Act through mishandling overseas absentee votes and improperly maintaining Wisconsin's voter registration database. The group has failed to establish Article III standing because they have proven no concrete harm, but their complaint will be dismissed without prejudice.
Court: USDC Eastern District of Wisconsin, Judge: Griesbach, Filed On: March 13, 2024, Case #: 1:23cv1416, NOS: Other Civil Rights - Civil Rights, Categories: Administrative Law, Elections
J. Griesbach denies the county and county sheriff's deputies' motion to dismiss the widower's lawsuit over the death of his wife, who either jumped or fell from a moving vehicle while being transported to a state mental health facility after exhibiting violent behavior toward herself and others during a hospitalization for acute psychosis. All of the widower's claims, including those under the Americans with Disabilities Act and Rehabilitation Act and those alleging violations of the wife's 14th Amendment due process rights, are pleaded well enough to survive the motion and move forward, such as by questioning whether the deputies negligently ignored the safety locks on the transport vehicle despite knowing of the wife's volatile condition.
Court: USDC Eastern District of Wisconsin, Judge: Griesbach, Filed On: March 8, 2024, Case #: 1:23cv986, NOS: Other Civil Rights - Civil Rights, Categories: Ada / Rehabilitation Act, Due Process, Wrongful Death
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J. Griesbach partially grants the city and the city's mayor's motion to dismiss a lawsuit from the Wisconsin State Senate, a state senator and former city councilman alleging the mayor ordered the installation of secret audio recording devices in certain places at city hall in violation of the Fourth Amendment of the U.S. Constitution, the Wisconsin Constitution, and state surveillance and privacy laws. The Wisconsin State Senate is dismissed as a party for lack of standing, and parts of the individuals' claims under Wisconsin's Electronic Surveillance Control Law and Right to Privacy Law and claims seeking damages for Fourth Amendment violations will move forward, but other claims, including all seeking declaratory relief, are dismissed.
Court: USDC Eastern District of Wisconsin, Judge: Griesbach, Filed On: February 27, 2024, Case #: 1:23cv1175, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Constitution
J. Griesbach grants summary judgment to the police officer in a lawsuit from a citizen claiming his Fourth and 14th Amendment rights were violated during his arrest for DUI, which included a blood draw he claims was performed without probable cause. The fact that the officer observed that the citizen, who had at least three prior DUI arrests, was unsteady on his feet and smelling of alcohol while trying to change a tire on a car he had apparently crashed into a tree gave probable cause for the arrest and blood draw, as did other evidence in the record. The officer is also entitled to qualified immunity, so her motion for summary judgment is granted and the case is dismissed.
Court: USDC Eastern District of Wisconsin, Judge: Griesbach, Filed On: January 30, 2024, Case #: 1:22cv684, NOS: Other Civil Rights - Civil Rights, Categories: Constitution, Police Misconduct
[Consolidated] J. Griesbach grants motions from Sysco and a transportation company to dismiss claims against them in the motorists' lawsuit over a car accident with a truck driver which caused them serious injuries. Given the effects of a recent Seventh Circuit decision, the motorists' amended complaint fails to state a claim against Sysco and the company under which they can be held liable for negligent hiring, loss of consortium and other claims, in part due to findings from the Seventh Circuit about the statutory scheme of the Federal Aviation Administration Authorization Act which renders claims against them preempted and the relevant statutes of limitations.
Court: USDC Eastern District of Wisconsin, Judge: Griesbach, Filed On: December 5, 2023, Case #: 1:20cv1291, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Vehicle, Negligence
J. Griesbach finds for the optical lab company in a lawsuit from a manufacturer claiming infringement of its two patents for methods and technology for securing bevel lenses in eyeglasses. The patents' claims involve processes, measurements and technology that would be obvious based on prior art references in ways the manufacturer's arguments cannot refute, making the patents invalid. Summary judgment is granted to the company and the case is dismissed.
Court: USDC Eastern District of Wisconsin, Judge: Griesbach, Filed On: September 28, 2023, Case #: 1:20cv352, NOS: Patent - Property Rights, Categories: Patent
J. Griesbach finds in partial favor of State Farm in a lawsuit from insureds over the claims and appraisal process for for hail damage their home sustained. The insureds' claim for a declaration forcing State Farm to comply with their policy's appraisal procedure is dismissed, but their breach of contract and bad faith claims are adequately pleaded to survive State Farm's motion to dismiss.
Court: USDC Eastern District of Wisconsin, Judge: Griesbach, Filed On: August 17, 2023, Case #: 1:23cv283, NOS: Insurance - Contract, Categories: Insurance, Contract
J. Griesbach finds for the disinfecting wipe manufacturer in its contract dispute with a company that agreed to purchase wipes the manufacturer made before the Covid-19 pandemic sparked labor and economic disruptions the manufacturer claimed kept it from meeting its minimum production requirements, prompting the company to partially terminate their agreement when it disagreed. The company's fraud in the inducement, tortious interference and bad faith counterclaims are dismissed because they are either unsupported by the alleged facts or are duplicative of other claims, and the only remaining issues to proceed are the manufacturer's breach of contract claim and the company's three breach of contract counterclaims.
Court: USDC Eastern District of Wisconsin, Judge: Griesbach, Filed On: June 30, 2023, Case #: 1:21cv1199, NOS: Other Contract - Contract, Categories: Fraud, Tort, Contract
J. Griesbach finds in favor of the mental health hospital in the employee's lawsuit claiming she was retaliated against and forced to resign from her job because of her pregnancy, including through harassment she faced from a female supervisor who cast her maternity leave in a negative light and asked when she was going to stop getting "knocked up." The employee's sex discrimination and retaliation claims under Title VII and the Pregnancy Discrimination Act fail because she has not brought nearly enough evidence proving she was constructively discharged, in part because there is nothing in the record to suggest the hospital intended to fire her prior to her resigning when she returned from maternity leave, or that her work environment had become intolerable or unbearable. Summary judgment is granted to the hospital and the employee's claims are dismissed.
Court: USDC Eastern District of Wisconsin, Judge: Griesbach, Filed On: June 28, 2023, Case #: 1:22cv551, NOS: Employment - Civil Rights, Categories: Civil Rights, Employment Discrimination