25 results for 'judge:"Griggsby"'.
J. Griggsby grants the coalition’s motion for summary judgment following allegations of Family and Medical Leave Act violations brought by a former team supervisor. The supervisor claims the coalition interfered with her FMLA rights by terminating her position when she requested the leave for her mental health. The coalition argues there are undisputed facts showing that the decision was planned to terminate her before she requested the leave for FMLA. She fails to show that her FMLA request was the reason, or that there is a casual link to the request and the termination. Therefore, her amended complaint is dismissed in its entirety.
Court: USDC Maryland, Judge: Griggsby, Filed On: April 22, 2024, Case #: 1:23cv1642, NOS: Family and Medical Leave Act - Labor, Categories: Employment Discrimination, Employment Retaliation
J. Griggsby grants, in part, a bakery company’s motion to dismiss a fraud lawsuit brought a class of consumers alleging violations of the Food, Drug and Cosmetic Act and the Maryland Consumer Protection Act. The class alleges that the “All Butter” cake has artificial butter and not real butter, as the label suggests. The bakery argues that reasonable consumers would need additional information to determine whether “All Butter” referred to the ingredients or the flavor, and could find this information on the ingredients list. The remaining state law claims are preempted by FDCA and the consumer failed to state a plausible express warranty or consumer protection claim in the complaint.
Court: USDC Maryland, Judge: Griggsby, Filed On: April 12, 2024, Case #: 1:23cv522, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, Consumer Law, Class Action
J. Griggsby grants, in part, an employer, its member company and a labor union’s motion to dismiss this employment dispute brought by a, Black employee. The employee alleges he was refused a promotion because of his race and over the age of 40. His complaint is time-barred but there are sufficient facts to state a plausible claim against the union.
Court: USDC Maryland, Judge: Griggsby, Filed On: March 7, 2024, Case #: 1:23cv1439, NOS: Employment - Civil Rights, Categories: Employment Discrimination, Employment Retaliation, Labor / Unions
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J. Griggsby grants the commissioners’ motion to dismiss this recovery center’s complaint for Fair Housing Act and Americans with Disabilities Act violation after a special exception and use and occupancy permit was denied. The zoning code does allow for an eight bed multi-resident living facility, but the recovery center alleges FHA and ADA discrimination by allowing another center to operate a 16-bed facility. The commissioners did approve eight beds as stated in the zoning code. Therefore, the recovery center fails to show evidence of FHA and ADA violations.
Court: USDC Maryland, Judge: Griggsby, Filed On: January 12, 2024, Case #: 1:23cv714, NOS: Amer w/Disabilities - Other - Civil Rights, Categories: Ada / Rehabilitation Act, Property, Zoning
J. Griggsby grants a cannabis company’s renewed motion to dismiss counterclaims from a cannabis processer manager this contract breach suit alleging that he did not communicate with the Maryland Medical Cannabis Commission to transfer management pursuant a stock agreement. The manager’s counterclaims lack allegations to support any of the elements brought forward and he fails to state plausible claims based on recission his counterclaims are dismissed.
Court: USDC Maryland, Judge: Griggsby, Filed On: December 19, 2023, Case #: 1:22cv90, NOS: Other Contract - Contract, Categories: Securities, Contract
J. Griggsby grants summary judgment in favor of the lessor in this lease contract dispute of three modular classroom units. The school failed to pay the rent due on the three leases. The school shall pay the lessor for a total of $387,828 for the breach of building payment, $80,142 for damages to the principal amount and $39,878 for prejudgment interest for the breach of classroom lease.
Court: USDC Maryland, Judge: Griggsby, Filed On: December 18, 2023, Case #: 1:20cv887, NOS: Other Contract - Contract, Categories: Property, Damages, Contract
J. Griggsby partially grants a contractor’s motion to exclude testimony from two experts retained by a manufacturer as well as its cross-motion to exclude testimony from the contractor’s expert in this contract dispute. A report brought by the manufacturer’s expert will not be struck in full, but part of his opinion included a legal conclusion that will be struck. The manufacturer’s president is directed to produce additional information regarding his opinions. The contractor's construction management expert will not be excluded, but must produce additional information regarding disputed flash cards and logs in order to reopen discovery. The court also grants the manufacturer’s motion for sanctions and an insurer's motions for attorney fees; the contractor must pay a total of $30,410 to the firm and $10,347 to the insurer for expenses incurred during the reopened discovery period.
Court: USDC Maryland, Judge: Griggsby, Filed On: December 8, 2023, Case #: 1:19cv2323, NOS: Other Contract - Contract, Categories: Experts, Discovery, Contract
J. Griggsby grants, in part, the police department, a major and several officers’ motion to dismiss and summary judgment in claims brought after a suspect crashed with a driver and passenger during a high-speed chase. The driver died and the passenger was seriously injured, the negligence in the chase fell on the police department, a major and the officers. In the amended complaint, the unrebutted evidence fails to show that driver and passenger’s harm was caused by the officers or related to poor training by the department. The amended complaint is dismissed.
Court: USDC Maryland, Judge: Griggsby, Filed On: December 6, 2023, Case #: 1:21cv969, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Negligence, Wrongful Death
J. Griggsby denies in part a cryptocurrency company's motion to dismiss allegations brought by the creator of its business model after he recruited a group of partners who ultimately pushed him out. Personal jurisdiction cannot be applied to the partners who do not reside in Maryland. However, the creator does successfully state a conversion claim as to the company's website and social media accounts under Utah law, where the creator lives.
Court: USDC Maryland, Judge: Griggsby, Filed On: September 22, 2023, Case #: 1:22cv1085, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, Fiduciary Duty, Conversion
J. Griggsby grants in part an ex-husband's motion to dismiss allegations of breach of fiduciary duty, equitable accounting and breach of contract brought by his ex-wife, who claims he did not comply with a property settlement agreement per the terms of their divorce. Each ex-spouse owns a 50% share of stocks in their mutually-owned contracting company. The ex-wife claims that the ex-husband sought to let the company die and began using the company credit card on personal expenses and a car for his girlfriend. The ex-wife's allegations were already litigated in a lower court.
Court: USDC Maryland, Judge: Griggsby, Filed On: September 15, 2023, Case #: 1:22cv2594, NOS: Stockholders’ Suits - Contract, Categories: Family Law, Fiduciary Duty, Contract
J. Griggsby grants a security firm's motion to dismiss allegations of race, age and disability discrimination brought by a former security officer. The 51-year-old white female officer alleges that her co-workers and supervisors generally discriminated against her, being the only white person on staff, and in particular another officer made rude comments and inappropriate phone calls to her. The officer has not exhausted her administrative remedies and must pursue her injury claim in a Washington, DC court because that is where she works.
Court: USDC Maryland, Judge: Griggsby, Filed On: September 11, 2023, Case #: 8:22cv1176, NOS: Employment - Civil Rights, Categories: Ada / Rehabilitation Act, Jurisdiction, Employment Discrimination
J. Griggsby grants in part a police officer's motion to dismiss allegations of constitutional violations brought by a documentarian when the officer arrested him after instructing him to leave the private property of a chicken farm. The documentarian, who was filming the farm in an area he believed to be public property, said, "Let's go and arrest me" after the officer ordered him to leave. A "no trespassing" sign was posted near where he was filming, and because of previous protests against the farm, the officer was familiar with the private property designations. The documentarian refused to give his identification or to leave the property and so was arrested. The officer did not engage in any egregious behavior.
Court: USDC Maryland, Judge: Griggsby, Filed On: September 1, 2023, Case #: 1:22cv815, NOS: Other Civil Rights - Civil Rights, Categories: Constitution, Property
J. Griggsby grants Bank of America its motion to compel arbitration after a class of its commercial customers sued it for alleged breach of the Paycheck Protection Program, a federal plan of action to keep people employed during the Covid-19 pandemic. The class claims that the bank represented independent contractors as part of the class members’ payrolls and engaged in other fraudulent activity. However, because the class members signed an arbitration agreement with the bank to settle disputes, the parties must enter arbitration.
Court: USDC Maryland, Judge: Griggsby, Filed On: August 22, 2023, Case #: 1:12cv2103, NOS: Other Contract - Contract, Categories: Arbitration, Covid-19, Contract
J. Griggsby grants a lender its motion to dismiss allegations of debt collection laws brought by a car buyer for its requirement and acceptance of a cash down payment. The buyer argues she shouldn’t have paid cash based on the law and that the lender later sent her loan charges she did not recognize. However, the lender is not a debt collector as defined under said law and the buyer fails to sufficiently claim that cash should not be involved in this consumer credit transaction. Also, the lender did charge her correctly and repossessed the car due to non-payment.
Court: USDC Maryland, Judge: Griggsby, Filed On: August 3, 2023, Case #: 8:22cv1938, NOS: Consumer Credit - Other Suits, Categories: Debt Collection, Vehicle, Consumer Law
J. Griggsby grants McDonald's its motion for summary judgment following allegations of hostile work environment and retaliation brought by a former cashier. The cashier, a man, claims his female supervisor directly asked him, "Why is this faggot ass bitch even talking to me?" The cashier confronted her and shortly after, she took him off the work schedule, then he was transferred but never showed up to work at the new location. Although the cashier has exhausted his administrative remedies, he has not sufficiently argued that the harassment was severe or pervasive. Also, he had not initiated protected activity before being taken off the schedule.
Court: USDC Maryland, Judge: Griggsby, Filed On: July 27, 2023, Case #: 8:21cv592, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination, Employment Retaliation
J. Griggsby grants two revocable trusts their motions to compel arbitration and dismiss an insurance firm's declaratory judgment in a policy dispute. A fire at a commercial property in which the trusts had an insurable interest caused damage, and their trustee filed a claim. The firm alleges that the appraisers hired by the trustee are not qualified. However, this dispute is subject to the FAA and the firm's opposition to the appraisers is pre-mature.
Court: USDC Maryland, Judge: Griggsby, Filed On: July 27, 2023, Case #: 8:22cv2314, NOS: Insurance - Contract, Categories: Arbitration, Insurance, Property
J. Griggsby grants Trans Union its motion for summary judgment in a case where a consumer claims it failed to remove bankruptcy information from her credit report and has therefore defamed her. When the company requested discovery, the consumer did not respond, and she never produced any evidence of actual damages.
Court: USDC Maryland, Judge: Griggsby, Filed On: July 26, 2023, Case #: 1:21cv3148, NOS: Consumer Credit - Other Suits, Categories: Consumer Law
J. Griggsby grants in part a private boarding school's motion to dismiss claims of breach of contract and fraud brought by a corporation that purchases and builds specialized schools. The corporation alleges that the school was untruthful about its financial standing upon agreement to purchase the school for $8 million. The school did breach the contract because it failed to sell its property to the corporation within the agreed time period. However, all other allegations fail to state a claim.
Court: USDC Maryland, Judge: Griggsby, Filed On: July 26, 2023, Case #: 1:22cv175, NOS: All Other Real Property - Real Property, Categories: Fraud, Property, Contract
J. Griggsby grants a commercial contractor its motion to dismiss allegations of admiralty tort brought by a utility company after the contractor began excavation to extend an existing private pier and damaged a buried electrical cable. Because the company fails to establish that the cove in which the damage occurred is a navigable water of the U.S. or that the damage is disruptive to maritime commerce, the complaint is dismissed.
Court: USDC Maryland, Judge: Griggsby, Filed On: July 12, 2023, Case #: 1:22cv696, NOS: Marine - Torts - Personal Injury, Categories: Admiralty, Maritime, Jurisdiction
J. Griggsby partially denies a casino its motion for summary judgment following sexual harassment and retaliation allegations by a former bar tender. The bartender, a woman, claims a male bartender repeatedly touched her inappropriately and said things like, “I could eat you from front to back” and, “Oh, what I would do to your ass.” While these claims are plausible, her allegation that the casino changed her schedule to force her out of more profitable hours lacks standing.
Court: USDC Maryland, Judge: Griggsby, Filed On: June 22, 2023, Case #: 1:20cv2811, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination, Employment Retaliation
J. Griggsby approves a class action settlement and grants an award for attorney’s fees and costs in this case alleging telephone consumer protections violations by a cloud tech firm. The class of phone call recipients, claiming unlawful solicitation by the firm, was well represented by experienced counsel and presented reasonable figures for the settlement, including over $900,000 in costs alone.
Court: USDC Maryland, Judge: Griggsby, Filed On: June 1, 2023, Case #: 8:19cv1234, NOS: Other Statutory Actions - Other Suits, Categories: Settlements, Attorney Fees, Class Action
J. Griggsby grants one in a group of pharmaceutical firms its motion to dismiss allegations of RICO violations brought by a class of probiotic medical buyers. The class argues that the firm, along with others party to this suit, removed an ingredient from a new version of their product but failed to update the label, thus engaging in false advertising. However, as this particular firm only manufactures, advertises and sells the product in Italy, the claims against it cannot stand.
Court: USDC Maryland, Judge: Griggsby, Filed On: June 1, 2023, Case #: 8:19cv2173, NOS: Racketeer Influenced and Corrupt Organizations (RICO) - Other Suits, Categories: Jurisdiction, False Advertising, Racketeering