28 results for 'judge:"Lawson"'.
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J. Lawson grants the county summary judgment in claims contending officials fabricated evidence to falsely convict plaintiff of murder in 1994 because plaintiff released the county from liability by accepting a settlement under Michigan’s Wrongful Imprisonment Compensation Act. However, a detective may have fabricated critical incriminating evidence, and thus claims may proceed against her.
Court: USDC Eastern District of Michigan, Judge: Lawson, Filed On: December 19, 2023, Case #: 2:21cv12070, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Malicious Prosecution, Emotional Distress
J. Lawson grants the management company's motion to dismiss a race discrimination and retaliation action brought by the former employee. The employee, a Black woman, alleged she faced racially motivated comments from other employees and claimed that a supervisor made an inappropriate remark about her hair. The employee failed to sufficiently allege that the company intentionally discriminated against her and failed to allege that she suffered an adverse employment action while employed by the company.
Court: USDC Middle District of Georgia, Judge: Lawson, Filed On: November 14, 2023, Case #: 7:23cv68, NOS: Employment - Civil Rights, Categories: Employment Discrimination, Employment Retaliation
J. Lawson partially rules in favor of the insurer in a breach of contract action brought by a subcontractor arising from a military construction project. Although the subcontractor satisfied the notice requirements under a subcontractor payment bond, questions of fact remain as to the terms of the contract between the subcontractor and the company. The company's motion for summary judgment is denied because genuine issues of fact exist as to the terms of a purchase order agreement and whether the parties had an additional, oral profit-sharing agreement.
Court: USDC Middle District of Georgia, Judge: Lawson, Filed On: November 13, 2023, Case #: 7:21cv79, NOS: Miller Act - Contract, Categories: Insurance, Contract
J. Lawson grants the Department of Homeland Security's motion to dismiss an action brought by the immigrant under the Administrative Procedure Act and Declaratory Judgment Act challenging the decision by U.S. Citizenship and Immigration Services denying her applications for a waiver of her inadmissibility and seeking adjustment of her status as the beneficiary of an approved immigrant visa. The Immigration and Nationality Act precludes judicial review of the agency's decisions, therefore the court lacks subject matter jurisdiction over the immigrant's claims.
Court: USDC Middle District of Georgia, Judge: Lawson, Filed On: October 31, 2023, Case #: 7:22cv146, NOS: Mandamus & Other - Habeas Corpus, Categories: Immigration
J. Lawson grants the hospital's and treasurer's motions to dismiss an action brought by the relator under the False Claims Act and the Georgia False Medicaid Claims Act alleging that the hospital knowingly submitted fraudulent claims to the government for payment and fired the relator when she confronted them. The relator failed to plead facts sufficient to put the hospital on notice of the claims against it and failed to establish a reliable basis for the assertion that the hospital submitted false claims for payment. The relator also failed to adequately allege that the hospital knowingly made any false statement for the purpose of getting a false claim paid by the government.
Court: USDC Middle District of Georgia, Judge: Lawson, Filed On: October 12, 2023, Case #: 7:21cv72, NOS: Qui Tam (31 U.S.C. § 3729(a)) - Torts - Personal Property, Categories: False Claims, Employment Retaliation
J. Lawson denies the home health care and hospice company's motion to dismiss an action brought by the relator under the False Claims Act and Anti-Kickback statute. The relator claims the company, which operates more than 300 home health care agencies across the nation, admitted ineligible patients for care and billed Medicare for excessive or medically unnecessary services. The relator also alleges the company compensated a doctor for falsifying patient certification forms and fired her for voicing concerns. The relator alleged sufficient facts to support the claims that the company and its subsidiary submitted false claims for payment.
Court: USDC Middle District of Georgia, Judge: Lawson, Filed On: August 23, 2023, Case #: 7:21cv17, NOS: Qui Tam (31 U.S.C. § 3729(a)) - Torts - Personal Property, Categories: Medicare, False Claims
J. Lawson denies the motion to modify the consent judgment in the complaint, which alleges the former city employees wrongfully sought to continue retiree health benefits. The proposed modifications would recapture assets and require the new trust to pay “pension benefit enhancements,” but nowhere in the original consent decree are terms that would allow such new obligations. Further, there is nothing that suggests the original consent decree was unjust or impossible to perform.
Court: USDC Eastern District of Michigan, Judge: Lawson, Filed On: August 3, 2023, Case #: 2:21cv12830, NOS: Other Civil Rights - Civil Rights, Categories: Employment
J. Lawson partially grants the board's motion to dismiss a hostile work environment, retaliation and race and sex-based discrimination action brought by a law professor. The board is entitled to sovereign immunity as a department of the state from the professor's claims under the Elliot-Larsen Civil Rights Act and the Persons With Disabilities Civil Rights Act. The professor, a Black woman, failed to allege sufficient facts to show that the board discriminated against her on the basis of her race, gender or because she was unmarried. However, the professor stated a plausible claim for retaliation based on the suspension of her teaching duties and salary benefits after she made and reported her civil rights complaints.
Court: USDC Eastern District of Michigan, Judge: Lawson, Filed On: July 7, 2023, Case #: 2:22cv12021, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Civil Rights, Employment Discrimination, Employment Retaliation
J. Lawson adopts the magistrate judge's second report and recommendation and grants the employer's second motion for judgment on the pleadings in the employee's race discrimination and retaliation action. The employee claimed he was fired because he is Mexican and because he complained about a hostile work environment. Three of the employee's objections to the magistrate judge's report do not dispute the findings. One objection fails to explain how the allegations in the complaint give rise to cognizable retaliation claims or show how the employee's alleged hostile work environment complaints were connected to his suspension or firing.
Court: USDC Eastern District of Michigan, Judge: Lawson, Filed On: June 30, 2023, Case #: 2:20cv13023, NOS: Employment - Civil Rights, Categories: Employment Discrimination, Employment Retaliation