18 results for 'judge:"Johnston"'.
J. Johnston grants the air ambulance service's motion for summary judgment in its suit challenging the West Virginia Insurance commissioner's enforcement of the Air Ambulance Protection Act. Using the 1993 film '"Groundhog Day" as a backdrop, the court finds the insurance commissioner's continuous attempt to declare the membership-based EMS service as being in the business of insurance futile, since the Airline Deregulation Act of 1978 preempts AAPA.
Court: USDC Southern District of West Virginia, Judge: Johnston , Filed On: March 26, 2024, Case #: 2:21cv105, NOS: Other Statutory Actions - Other Suits, Categories: Health Care, Insurance, Injunction
J. Johnston grants a number of Illinois State Police officers’ motion for summary judgment, and partially grants Rockford and its police officers' motion for summary judgment, on a slew of civil rights, conspiracy, emotional distress and due process claims brought by a man who spent 23 years in prison for a murder he didn’t commit. The man claims police fabricated evidence and coerced testimony against him, and similarly withheld evidence that might have helped his case. The court absolves the Illinois State Police from their role in the alleged conspiracy against the wrongly convicted man, but allows his due process and intentional infliction of emotional distress claims stand against all but two of the implicated Rockford police, who are dismissed from the suit. The man’s indemnification claim against Rockford itself also stands.
Court: USDC Northern District of Illinois, Judge: Johnston, Filed On: March 11, 2024, Case #: 3:18cv50040, NOS: Other Civil Rights - Civil Rights, Categories: Emotional Distress, Due Process, Police Misconduct
J. Johnston denies the roofing contractor's motion to dismiss the property management company's beach of contract suit claiming the negligence of the contractor's employees caused a new roof they were installing on the building leased by U-Haul to catch fire, eventually destroying the entire building. The contractor's argument using the West Virginia's "gist of the action doctrine" is unpersuasive, as the West Virginia Supreme Court has long recognized "an independent duty - sounding in tort - to prevent and mitigate accidental fires...[that] exists entirely independent of the parties’ contractual relationship."
Court: USDC Southern District of West Virginia, Judge: Johnston, Filed On: February 29, 2024, Case #: 5:23cv339, NOS: Other Contract - Contract, Categories: Tort, Negligence, Contract
J. Johnston grants the Parkersburg mayor, its former police chief and various city officials' motion for summary judgment in the small vehicle repair shop owner's suit claiming they violated his civil rights through a series of citations and arrests related to the operation of his business to impugn his credibility as a write-in candidate for mayor. The arrests made of the repair shop owner were reasonable since they were done during the city’s enforcement of an order it received in Wood County Circuit Court compelling him to clean up an adjacent lot where he kept cars awaiting repair. Since the city officials did not violate any of the repair shop owner's constitutional rights, the court dismisses his state law claims of abuse of process, battery and tortious interference with a business relationship.
Court: USDC Southern District of West Virginia, Judge: Johnston , Filed On: December 19, 2023, Case #: 2:20cv583, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Government, Vehicle
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J. Johnston grants the parent mining company's motion to dismiss it from the roof bolter's personal injury suit, finding aside from referencing in his amended complaint it is the "controller" of the mine, he makes "no mention of whether Arch had any involvement in monitoring
or inspecting the aspects of Mountaineer II Mine that allegedly contributed to [his] injury."
Court: USDC Southern District of West Virginia, Judge: Johnston, Filed On: November 29, 2023, Case #: 2:23cv316, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Energy, Negligence, Business Practices
J. Johnston denies John Deere’s motion for summary judgment on the pleadings of an antitrust class action. A class of customers allege that the equipment manufacturer is purposefully withholding the software tools needed to repair its products from farmers and independent repair shops, thereby monopolizing the U.S. tractor repair industry. In its 89-page decision, the court finds that the class sufficiently alleged its claims under the Sherman Act on both constitutional and antitrust standing.
Court: USDC Northern District of Illinois, Judge: Johnston, Filed On: November 27, 2023, Case #: 3:22cv50188, NOS: Other Statutory Actions - Other Suits, Categories: Agriculture, Antitrust, Class Action
J. Johnston grants in part the West Virginia Public Service Commission police officer's motion for summary judgment in the estate's claims he violated a man's civil rights when he failed to render aid after a Mingo County deputy sheriff shot the man in the presence of his parents after the man evaded capture by another deputy. The WVPSC officer owed the decedent no affirmative duty of care since he was not in his custody at the time of the detention and subsequent shooting, but a jury could determine the officer acted recklessly when he pulled the decedent's father away from him when he attempted to protect his son from further harm. Additionally, the three commissioners' motion for summary judgment is granted, because the estate's Monell claim fails since it applies only to municipalities and not public officials.
Court: USDC Southern District of West Virginia, Judge: Johnston, Filed On: November 15, 2023, Case #: 2:22cv247, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Government, Wrongful Death
J. Johnston denies an Illinois county’s motion for summary judgment in a disability discrimination and retaliation case brought by a former county HR employee. The former employee claims the county fired her, in part, for taking legal FMLA leave, while the county itself cites the former employee’s performance deficiencies. The court finds there are too many factual disputes between the parties’ narratives to make summary judgment appropriate.
Court: USDC Northern District of Illinois, Judge: Johnston, Filed On: November 13, 2023, Case #: 3:20cv50041, NOS: Other Civil Rights - Civil Rights, Categories: Employment, Employment Discrimination, Employment Retaliation
J. Johnston dismisses an Illinois Biometric Information Privacy Act class action accusing the dating app of collecting users' facial geometry without consent as part of its "lookalikes" feature, which matched people with dates who resembled celebrities or other romantic interests. The case is dismissed on procedural grounds, as the dating app operators had insufficient service of process and the court lacks jurisdiction over several of them.
Court: USDC Northern District of Illinois, Judge: Johnston, Filed On: September 18, 2023, Case #: 3:21cv50457, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Privacy, Jurisdiction, Class Action
J. Johnston denies the motion of the transportation company and logistics staffing service to dismiss, sever and transfer venue of the Kentucky man's suit claiming injuries he sustained were caused by his car crashing through a guardrail and going into a deep ravine in an attempt to avoid colliding with the operator of a tractor trailer that performed an abrupt, illegal U-turn in front of him. In addition to the companies having the "minimum contacts" in West Virginia to establish personal jurisdiction, severing the claims and transferring them to another jurisdiction would "fracture the case and create potentially overlapping and contradicting proceedings."
Court: USDC Southern District of West Virginia, Judge: Johnston, Filed On: September 15, 2023, Case #: 2:22cv275, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Tort, Vehicle, Jurisdiction
J. Johnston partially grants a group of pharmacy companies’ motion to dismiss antirust claims brought by a collection of Medicare benefit providers. The providers claim the pharmacy companies violated consumer protection laws by raising the price of the rare pediatric medication Acthar from only $750 per vial to almost $39,000 per vial. The court finds the providers have sufficiently alleged their direct purchaser claims to survive dismissal, but tosses their indirect purchaser claims without prejudice.
Court: USDC Northern District of Illinois, Judge: Johnston, Filed On: July 28, 2023, Case #: 3:20cv50056, NOS: Antitrust - Other Suits, Categories: Antitrust, Fraud, Consumer Law
J. Johnston recommends the district judge to dismiss, with prejudice, a law library visitor’s claims of race discrimination and deprivation of his First Amendment rights. The visitor, a Black man, claims library staff gave him “unkind looks and body language,” called the sheriff when he refused to leave after being asked and that staff implemented a “racist policy to keep African Americans out of the library.” However, the visitor fails to state a plausible claim of this discrimination. Both parties have two weeks to enter any objections.
Court: USDC Maryland, Judge: Johnston, Filed On: June 6, 2023, Case #: 1:23cv362, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, First Amendment
J. Johnston grants the government’s motion to dismiss the estate of a Roane County man’s civil rights suit against the U.S. Marshals Service for the man’s 2020 shooting death by a Roane County Sheriff’s deputy assigned to a Marshals task force as a special deputy. The court finds, following its prior ruling the deputy was acting in his capacity with Roane County Sheriff’s Department at the time of the shooting, the estate is collaterally estopped from making a claim under the Federal Tort Claims Act the deputy was in acting his role with the Marshals.
Court: USDC Southern District of West Virginia, Judge: Johnston, Filed On: May 16, 2023, Case #: 2:22cv426, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Civil Rights, Wrongful Death, Police Misconduct