31 results for 'judge:"Piersol"'.
J. Piersol grants a motion for attorneys fees, costs and taxes awarded to parents in an Individuals with Disabilities Education Act (IDEA) claim. Parents of a minor child filed a due process complaint with the South Dakota Office of Hearing Examiners alleging that the School District violated the IDEA, and that their child placement at an academy in Utah for therapy and a standard education should be paid for by the School District. As the prevailing party, the parents were entitled to fees and costs.
Court: USDC South Dakota, Judge: Piersol , Filed On: March 18, 2024, Case #: 4:21cv4147, NOS: Education - Civil Rights, Categories: Education, Attorney Fees
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J. Piersol denies a motion for partial summary judgment filed by an individual and a cross-motion for summary judgment filed by a Rapid City, Pierre & Eastern Railroad (RCPE). The action involves the injury of an employee during a derailment incident near New Underwood, South Dakota. Neither the individual nor his experts has identified anything about a culvert that RCPE failed to preserve that would affect the litigation in the matter and the individual has not provided any evidence that RCPE's failure to preserve a piece of the culvert "was done intentionally and with a desire to suppress the truth."
Court: USDC South Dakota, Judge: Piersol, Filed On: February 27, 2024, Case #: 5:22cv5064, NOS: Federal Employers’ Liability - Torts - Personal Injury, Categories: Employment
J. Piersol denies an employer's motion to dismiss an employee's allegations that she suffered sexual harassment in the workplace while she was employed at a casino. The employee's intentional infliction of emotion distress claim was sufficiently pleaded to withstand a motion to dismiss.
Court: USDC South Dakota, Judge: Piersol, Filed On: February 20, 2024, Case #: 4:23cv4052, NOS: Employment - Civil Rights, Categories: Employment
J. Piersol denies a hotel and casino's motion for an independent medical examination of two individuals in a civil rights matter in which an individual was attempting to rent a room at the hotel in June 2020, when he and the hotel operator argued over a required damage deposit. The individual who attempted to rent the room is an individual of Native American descent. Two years later, another Native American individual was present while a group was boycotting the hotel, and the hotel operator allegedly sprayed dust spray into the individual's face. The hotel sought psychiatric examinations of the two Native American individuals despite having the medical records and extensive information developed during discovery of both individuals.
Court: USDC South Dakota, Judge: Piersol, Filed On: January 16, 2024, Case #: 5:22cv5027, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Native Americans
J. Piersol finds that a hotel would not be unfairly prejudiced by an amended complaint alleging discrimination. Individuals' second amended
complaint repeated the claims and added claims for assault and battery. "It is not anticipated that amendment will disrupt the existing schedule, and there is no indication of bad faith or dilatory tactics on plaintiffs' part."
Court: USDC South Dakota, Judge: Piersol, Filed On: January 3, 2024, Case #: 5:22cv5027, NOS: Other Civil Rights - Civil Rights, Categories: Assault
J. Piersol grants a nonprofit organization's motion to dismiss counterclaims stemming from an underlying complaint in which an individual attempted to rent a room at a hotel in June 2020, and the individual began to argue with a hotel employee for allegedly requiring a damage deposit. An individual then made social media posts stating that she would "not allow a Native American to enter our business," because she could not tell "who is a bad Native or a good Native." The nonprofit filed the lawsuit alleging interference with contract on the basis of race. As part of a counterclaim, the hotel alleged that the nonprofit "intentionally interfered with business relations, and have trespassed onto Defendants' property by projecting light images, entered the property without permission, intimidated hotel guests, and vandalized the property." All five counterclaims are dismissed.
Court: USDC South Dakota, Judge: Piersol, Filed On: December 7, 2023, Case #: 5:22cv5027, NOS: Other Civil Rights - Civil Rights, Categories: Native Americans, Contract
J. Piersol denies a motion for preliminary injunction and a motion for temporary restraining order after a company alleged a competitor conducted a "mass raid" on the company with the intention of influencing employees to leave the company and to work for the competitor. The company did not present sufficient evidence for the court to hold that the competitor "went too far by soliciting employees."
Court: USDC South Dakota, Judge: Piersol, Filed On: November 27, 2023, Case #: 4:23cv4104, NOS: Other Contract - Contract, Categories: Employment
J. Piersol denies a divorce lawyers' motion to dismiss claims from a husband who alleges that the lawyers violated his due process rights by "not informing him of any court action" and entering what he characterizes as "factually inaccurate hearsay evidence into the public record without any input from" him. However, the complaint is dismissed without prejudice for lack of subject matter jurisdiction.
Court: USDC South Dakota, Judge: Piersol, Filed On: November 6, 2023, Case #: 4:23cv4106, NOS: Other Civil Rights - Civil Rights, Categories: Family Law, Jurisdiction
J. Piersol denies a law firm's motion for summary judgment and grants in part Citibank's motion for summary judgment in a matter in which the firm sought to recover funds for collection and legal work it performed on second mortgage accounts that Citibank placed with the firm but later recalled. The firm presented evidence demonstrating the elements of an unjust enrichment, therefore Citibank was not entitled to summary judgment on that claim. However, the firm's claims for promissory estoppel were also denied because the firm relied on the alleged claims of a Citibank employee between 2010 and 2012. Those alleged claims were "simply too vague and indefinite to constitute a 'promise' for purposes of promissory estoppel."
Court: USDC South Dakota, Judge: Piersol, Filed On: June 30, 2023, Case #: 4:19cv4195, NOS: Other Contract - Contract, Categories: Evidence, Banking / Lending, Contract
J. Piersol dismisses a pro se individual's claims against the Oglala Sioux Tribe Council, Department of Interior and Bureau of Indian Affairs after the individual alleged that Oglala Sioux Tribe Council improperly authorized loans to itself for cannabis businesses in prime locations. The individual's fraud claims are not supported by evidence and the court has no jurisdiction due to tribal sovereign immunity.
Court: USDC South Dakota, Judge: Piersol, Filed On: June 28, 2023, Case #: 5:23cv5041, NOS: Commerce - Other Suits, Categories: Fraud, Native Americans, Jurisdiction
J. Piersol grants in part and denies in part a motion to compel arbitration concerning an agricultural marketplace sellers agreement. The farm operator is compelled to arbitrate the agriculture technology company's counterclaims for the legitimacy of certain contracts. The company's motion seeking dismissal is otherwise denied.
Court: USDC South Dakota, Judge: Piersol, Filed On: June 26, 2023, Case #: 4:23cv4023, NOS: Arbitration - Other Suits, Categories: Agriculture, Arbitration
J. Piersol grants an Idaho Housing and Finance Association motion to dismiss an individual's pro se complaint alleging that the association was attempting to deprive him of property to which they are not entitled by preventing him from assigning his property to his heirs in trust. The individual has presented an insufficient complaint in every respect to survive dismissal.
Court: USDC South Dakota, Judge: Piersol, Filed On: June 1, 2023, Case #: 4:23cv4036, NOS: Negotiable Instrument - Contract, Categories: Property, Trusts